Kerala Home Guards Act, 1960
No: 16 Dated: Aug, 20 1960
THE KERALA HOME GUARDS ACT, 1960
ACT 16 OF 1960
An Act to provide for the constitution of Home Guards in the State of Kerala.
Whereas it is expedient to provide a volunteer organisation for use in emergencies and for other purposes in the State of Kerala;
Be it enacted in the Eleventh Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Kerala Home Guards Act, 1960.
(2) It extends to the whole of the State of Kerala.
(3) It shall come into force at once.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Home Guards" means a person who is appointed as a Home Guard under this Act;
(b) "prescribed" means prescribed by rules made under this Act.
3. Constitution of Home Guards and appointment of Commandant-General and Commandant. - (1) The Government may constitute a volunteer body called the "Home Guards", the members of which shall discharge such functions and duties in relation to the protection of persons, the security of property, and the public safety (as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.
(2) The Government may appoint one or more Commandants for the Home Guards constituted under sub-section (1).
(3) The Government may also appoint a Commandant-General of the Home Guards in whom shall vest the general supervision and control of the Home Guards in the State.
4. Appointment of members. - (1) Subject to the approval of the Commandant-General, the Commandant may appoint as members of the Home Guards such number of persons, who are fit and willing to serve, as may from time to time be determined by the Government and may appoint any such member to any office of command in the Home Guards.
(2) Notwithstanding anything contained in sub-section (1) the Commandant-General may appoint any such member to any post under his control.
(3) Every member of the Home Guards shall receive a certificate of appointment which shall be in such form and shall be issued by such authority as may be prescribed.
5. Function, and duties of members. - (1) The Commandant General may at any time call out any member of the Home Guards for training or to discharge any of the functions or duties assigned to the Home Guards under section 3.
(2) The Commandant may at any time call out a member of the Home Guards for training or to discharge any of the functions or duties assigned to the Home Guard~ within his jurisdiction in accordance with the provisions of this Act and the rules made thereunder. -
6. Powers, protection and control. - (1) A member of the Home Guards when called out under section 5, shall have the same powers, privileges and protection, as an officer of police appointed under the Police Act for the time being in force.
(2) No prosecution shall be instituted against a member of the Horne Guards in (respect of anything done or purporting to be done by him in the exercise of the powers or the discharge of his functions or duties as such member except with the previous sanction of the Commandant-General.
7. Control by Officers of Police Force. - The members of the Home Guards when called out under section 5 in aid of the police force, shall be under the control of the officers of the police force in such manner and to such extent as may be prescribed.
8. Home Guards not to resign without notice. - A member of the Home Guards may, if he so desires, resign his membership thereof upon giving not less than one month's notice to the Commandant within whose jurisdiction he is serving.