[ U. P. ACT NO. XXIX of 1963 ]

1963 · State unknown · central · act_text

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1 · (1) This Act may be called the Uttar Pradesh Home Guards Adhiniyam, 1963.

2 · In this Act unless there is anything repugnant in the subject

2 · the Home Guards in a district ; ]

1 · For Statement of Objects and Reasons see Uttar Pradesh Gazette Extraordinary, dated September 9, 1963.

2 · Subs. by sec. 2(1) of U.P. Act No. IV of 1972.

4 · The Home Guards will have the following functions ;

5 · The State Government shall appoint a Commandant-General of Home Guards, hereinafter called the Commandant-General, and other officers on such terms and conditions as may be prescribed.

6 · (1) The superintendence of the Home Guards shall vest in and be exercised by the State Government.

1 · Del. by sec. 2 (ii) of U. P. Act no. 4 of 1972 ;

1 · [(3) Subject to the general control and direction of the District Magistrate, the administration of the Home Guards in a district shall vest in and be exercised by the District Commandant. ]

7 · (1) Subject to such conditions as may be prescribed, any person desiring to be enrolled as home guard shall make an application in the prescribed, form. If such applicant is in private service he shall make such application through his employer, or if in service under the State, through the authority competent to grant him permission to join the force.

8 · Subject to the provisions of this Act and the rules made

9 · (1) Subject to the provisions of this Act and the rules made thereunder, a home guard when called out under section 8 to serve as auxiliary to the police or to help in maintaining public order or internal security shall have the same powers, privileges and protection as a member of the police force appointed under any enactment for the time being in force, and shall subject to such adaptations and modifications, as may be made therein by the State Government by notification in the Gazette, be subject to the provisions of the Police Act, 1861, and the rules or regulations made thereunder in the same manner and to the same extent as he would, if such home guard held a corresponding rank in the police force to the one he holds for the time being in the Home Guards.

1 · Subs. by sec. 3 of U.P. Act No. 4 of 1972.

2 · Subs. by sec. 4 of U. P. Act no. 4 of 1972.

10 · A home guard acting in the discharge of his functions under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

11 · (1) Subject to any rules made in this behalf, a home guard shall be bound to serve in any unit of the Home Guards to which he is, for the time being, attached.

12 · (1) The Commandant-General or any other officer prescribed in this behalf shall have the authority to discharge or suspend any member of the Home Guards in accordance with the rules made in this behalf. A home guard may resign from the force prescribed.

1 · Subs. by sec. 5 (i) of U. P. Act no. 4 of 1972.

2 · Subs. by sec. 5 (ii) ibid .

14 · (1) Except as may be prescribed, every employer shall permit a home guard who is for the time being employed by or under him to join his duty as such, and notwithstanding anything in any law or agreement between him and such home guard in force, the period of his duty shall, subject to such conditions and restrictions as may be prescribed, be deemed to be the period spent in such employment.

15 · (1) The State Government may make rules for carrying out the purposes of this Act and for giving effect to its provisions generally.

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