Sikkim Home Guards Act, 1992
No: 1 Dated: Apr, 09 1992
Sikkim Home Guards Act, 1992
(Act No. 1 of 1992)
An Act to provide for the constitution of a voluntary organisation known as Home Guards for service in emergencies and for certain other purposes so as to inculcate habits of self-reliance and discipline among the people develop in them a sense of civic responsibility and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Forty-Third Year of the Re-public of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Sikkim Home Guards Act, 1992.
(2) It extends to the whole of the State of Sikkim.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different districts..
2. Definitions. - In this Act, unless the context otherwise requires, -
(a) "Government" means the State Government of Sikkim;
(b) "Home Guard" means a person who is appointed as such under this Act;
(c) "prescribed" means prescribed by rules made under this Act.
3. Constitution of Home Guards and appointment of Commandant. - (1) The Government shall, by notification in the Official Gazette, constitute for each district 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, the public safety and the maintenance of essential services as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder.
(2) The administration of Home Guards constituted under sub-section (1) for any district shall be vested in the Commandant, who shall be appointed by the Government and in any such Additional, Deputy or Assistant Commandants as the Government may deem fit to appoint.
(3) The general supervision and control of Home Guards throughout the State shall vest in the Commandant General who shall be appointed by the Government and in any such Additional Commandants General/Divisional/ Deputy Commandants General or Assistant Commandants General as the Government may deem fit to appoint.
(4) The Home Guards constituted for different districts in the State shall, for the purposes of this Act, be a single force and the members thereof shall be formally enrolled, and such force shall consist of such number of officers and men, and their qualifications and conditions of training and service shall be such as may be prescribed.
4. Appointment of Home Guards, forms of declaration and certificate of appointment as such. - (1) Subject to the approval of the Commandant General, the Commandant may appoint as 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 person to any office of command in the Home Guards.
(2) Notwithstanding anything contained in sub-section (1), the Commandant General may appoint any such person to any post under his immediate control.
(3) A Home Guard shall, on appointment, make a declaration in the form specified in the First Schedule and receive a certificate of appointment in the form specified in the Second Schedule, under the seal and signature of such officer as may be prescribed.
(4) Subject to any rules made in this behalf, a Home Guard shall be required to serve the Home Guard Organisation for a period of three years (including the period spent in training) which period may be extended by the Government to such further period as it may consider necessary, and a Home Guard shall thereafter serve in the Reserve force of Home Guards constituted as herein after provided for a period of three years and shall, while serving in such reserve force, be liable to be called out for duty at any time.
(5) Notwithstanding anything contained in sub-section (4),the Commandant General shall have authority to discharge any Home Guard at any time subject to such conditions as may be prescribed, if in his opinion the services of such Home Guard are no longer required.
5. Reserve force of Home Guards. - The Government may constitute a reserve force of Home Guards consisting of persons appointed to it by the Government from among the Home Guards discharged from the service of Home Guards under sub-section (5) of section 4.
6. Training, functions and duties. - (1) The Commandant-General may, at any time, call out a Home Guard for training or to discharge within the State any of the functions or duties as may be assigned in accordance with the provisions of this Act and the rules made thereunder.
(2) The Commandant of the district may, with the approval of the Commandant-General, it any time call out a Home Guard for training or to dis¬charge any such functions or duties within the district for which the Home Guards have been set up.
7. Power, protection and control. - (1) A Home Guard when called out under section 6 shall have the same powers, privileges and protection as an officer of police appointed under any enactment for the time being in force.
(2) No prosecution shall be instituted against a Home Guard in respects of anything done or purporting to be done by him in the discharge of his functions or duties as such Home Guard, except with the previous sanction of the Commandant-General.
8. Control by officers of police force. - The Home Guards may be called out in aid of the police force and when they are so called out, they shall be under the control of the officers of the police force in such manner and to such extent as may be prescribed.
9. Certificate, arms etc, to be delivered up by persons ceasing to be Home Guards. - (1) Every person, who for anY reason ceases to be a Home Guard, shall forth- with deliver up to the Commandant or to such person and at such place as the Commandant may direct, his certificate of appointment or of office and the arms, accoutrement, clothing and other necessaries which have been furnished to him as such Home Guard.
(2) Any Magistrate or, for special reasons which shall be recorded in writing at the time, any police officer not below the rank of Assistant or Deputy Superintendent of Police may issue a warrant to search for and seize, wherever they may be found, any certificate, arms, accoutrement, 5 of 1898 clothing or other necessaries not so delivered up, and every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898, by a Police officer or if the Magistrate or the police officer issuing the warrant so directs, by any other person.
(3) Nothing in this section shall be deemed to apply to any article which under the orders of the Commandant General has become the property of the person to whom the same was furnished.