The Andaman and Nicobar Islands Home Guards Regulation 1964

English — official source version

andaman_and_nicobar_islands_home_gaurds_regulation_1964.pdf.txt

_ THE ANDAMAN AND NICOBAR ISLANDS 
~ ... HOME GUARDS REGULATION, 1964 

No. 5 OF 19,64 

Pimnulgated by the President in the Fifteenth Year of the 
Republic of India. 

A R.egUlation to provide a volunteer organisation for use 
-,..,in emergencies and for other purposes in the Union 

. territory of Andaman and Nicobar Islands. 
In e1!ueise of the powers conferred by clause (1) of article 240 

of the Constitutio», the President is pleased to promulgate the 
fo1lowi1lg Regulat1bn made by him :- 

l_._(J) TlW! Regulation may be called the Andaman;rod Nicobar = ~ 
1~ Home Guards Regulation, 1964. • '. ~ 

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~2) It exteads to the whole of the Union territory of Andaman 

. ·tmd ~ieobax lsW:tds. 
;t1 '{3> It shall come into force in such areas on such date as the 
lChief ~ Commissioner may, by notification in the Official Gazette, 
{aPPoint and different dates may be appointed for mfIerent areas._ . . 

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• 2. In this Regu1a:&n, unless the context otherwise requires,- DefinW:008. 

(a.) I'Chlef Commissioner" means the Chief Commissioner of 
.Andamaa and Nieobar Islands; 

(h) "Islands" means the Andaman and Nieobar Islands; 

(c) "Offieta! Gazette" means the Andaman and Nicobar 
Gaootte; 

(d) "prescribed" means prescribed by rules made under this 
Regulation. 

s. (1) ~:.. ~.9!'2!PiS8~0E-~f~~onsti~t~ for ~£h of th~~,)' 
areas notified under sub-section (3) of section 1, a volunteer body ~ 804, 

called the Home Guud'S, the members of whim shall exercise such ~meo.t 
powers and perform such duties in relation to the protection of dan~­ 
~n8, the security -of properly and the public safety as may be =~:" 
_g;a.ed -tc tfte.m in aecordance with the provisions of·1his Regti]ation _. 
attd'the rules made thereunder. - . 

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(3) The Chief Comnassioaer shall also appoint a ~a.JIldant 
,Df the Home Guards .in wfwm ,slmll vest .1he ~eral s'tl.peivi,sion and 

•. i . .control of the Home Guards in the Islands. 

~t 4. (1) Subject to the approval of the Commandant, the lI\rea 
mbers. Commandant may appoint as members oi the H0.IDe Gua!t' 'lfOO' saM! 

area such number of perseas, who are fit and willing to serve, as 
~ay from time to time be determined by the Chief Commissioner .i2!t 

respect of each. stteh area and may appoint any such m.emfrer to any 
oftice of eommand in the Home Guards. 

(2) N otwithstanding anything contained in sub-section (1), the 
Commandant may appoint any such member to.any -pQst under his 
immediate eoatrol, --_-.......,..., . / U (3) Every member of the Home Guards shall recerve a certifica.te 
wbieh shall be in &U.eh for~ aad shall be issued by iJU(lh .alltJ~(u·ity 
as may be presCribed. '. . ~ -'~ (4) Every member of the Home Guards ahall i~eeive .such 11 training during such hours and for such period as ~1~.P)."es~~ lj including training in- . -... . 

«(1) palice duties like eontrol o.f tra6ic and ore-was; • . 
(b) rescue operations, first-aid and ftre figbti.Qg; 

"t( V (c) map reading, fieldcraft, wireless oper~tioo a.wluse of fire- 
arms. 

:riod of 
rvit.e and 
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./ 5. (1) A member of the Home eluards shall be required to serve 
the Govemm6llt fer such period as may be 1>l'es6i:bed but any such 
wember may be discharged from .the Home G~ :a1 allY' time by 
such authority on such grounds and subject to such cOll:dktLOllfS as 
may be prescribed: . - 

Provided that it shall not be necessary for "Such' .ty to 
disclose the grounds if such authority considers .that su~ disclosure 
wm be against the public interest, .. 

(2) An order of discharge UD.rl.er. "Snb~seclirl:mi . V,) shlill:1b~ :mal. 

.• ~ Area C~:gdant may, by.~uer, at·WlY .timeltZaij,·Qut- 
~~~ mknber el the Home Guards fen; traoong or fur ..exenei . ·the 
uarda. powers and discharging the duties, whe~e.r within or .aut:sid.e 

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. . l J.l), .A member of the Home Guards, when called out by an ~~ 
~~:Wl~ s.ectio:o. 6, •.. all have the same powers, privileges jaad ~ ~ec­ 

~ ~.~e.c1i.oJJ. .~ aa ~ of :police appointed under any law for the.~ 
tko.e being in fol'~e.. Guar~ 

.. _.; ~~ Ne ~~ Shall be instituted ag-ainst the member of 
the: H"Ome Gumds in . respect of anything done or purported to be J done bY'him in the exereise of his powers or thte discharge of bfs 
dnhres. as· sach. member except with the previous sanctton of the 
C.o.rtI.Bl.'al.ld:.allt. 

»: 8.' A member of the Home Guards, when called out by an order ~trol ~Y 
/" under se~tion 6, in aid of the police force, shall be uruiel' $e 0OOtTol poliC;ell~ . 

. oJ. .th.e officers of police force in such manner and to such extent as \ . 
may be" '·l'es6:fhed. 

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9t '{1} oF! sh:1tB be the duty of every employer by whom a person Reinstate­ 
"~e:ui"'b>y an oroer' under sectren 6 is employed to grant him ~ilt ~~ploy 
eh t~ <1,9 m:ay: be' necessary and to reinstate him in his employ",:' ::;~r~ 

meDt'en- tae-:Jte:mti:nation of the period during which he has been so under see­ 
~ -out. in aD occlifJativ.n and 1lnder conditions not less favourabM.non 6. 
t~.rum than t.hose- 'Which would have been applicable to him had he 
not been 00 called out: 

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Provided that' if the employer refuses to reinstate such person 
or'~S"':trts 'tiabItity to reinstate such person or if fo-r any reason 
th'e" ·re.i:!tlstatement" of such person is represented by the employer to 
be tm:pra~tieabl'e, either party may reter the matter to the prescribed 
::rt:Ithe and that authority shall, after considering m matters 
ifflc?II:a:y be put hefore it and after making such further inquiry 
:L:xto thwatter as may be prescribedl..pass an order- 

_....; (0) ~pUng the empl<>yer from the provisions dt this 
~D;, OJ' 

(b) requiring him to re-employ such person on sueh terms as 
that autJromy think'S suitable, or 

(c) requiring him to pay to sueh person by wa.y of compen­ 
sation for failure or inability to re-employ, a sum not exceeding 
an amount equal to six months' remuneration at the rate at which 
his Iastrermmeration was payable' to him by the- employer. 

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certain 
ghts of 
rrsons cal­ 
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etion 6. 

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(b) or clause (c) of the proviso to sub-section (1), he shall-be ptU.lls.h~ 
able with fine which may extend to one thousand rupees, and the 
court by which the employer is convicted under this section shall 
order him (if he has not already been so required by the' said 
authority) to pay to the person whom he has failed to re-employ a 
sum equal to six months' remuneration at the rate at which his last 
remuneration was payable to him by the employer, and any amoun1. 
so required to be paid either by the said authority or by the court 
shall be recoverable as if it were a fine imposed by such court. 

(3) In any proceeding under this section it shall be a ~efence fop 
the employer to prove that the person formerly empl~ did not 
apply to the employer for reinstatement within a pertod of two 
months from the termination of the period during whieh hewas ealled 
out by an order under section 6. 

(4) The duty imposed by sub-section (1) upon the employer to 
grant leave to such person as is referred to in that sub-section or fo 
reinstate him in his employment shall attach to the employer who, 
before such person is actually called out by an order under section. ~, 
terminates his employment in such circumstances as to indicate- an 
intention to evade the duty. imposed by that sub-section, and sueb. 
Intention shall be presumed 1ll'l±U the contrary is proved if the t~ 
nation takes place after the issue of an order relating to that pers:®n 
under section 6. 

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10. When any person called out by an order under section 6 has 
any' rights under any provident fund or superannuation fund or other 
scheme for the benefit of employees maintained in connection wit_h 
the employment he relinquishes, he shall continue during t!te period 
for which he has been so called out and if he is reinstate~ount:it such 
reinstatement under the provisions of this Regulation, 'to have in 
respect of such ~or scheme such tights as w;x;. be p-re$b-ihe!. 

11. (1) -Every member of the Home Guards shall, during the 
period of training-or service in the Home Guards, receive from the 

. Government such allowances as may be prescribed . . - 
(2) W,pere any such member was in any employment imme- 

diately before he is called out for training or service by an order under 
section 6, the employer shall be liable to pay to him the pay and 
allowances as if such member had not been so called out. ' 

(3) - If any employer refuses or fails to pay any such member the 
pay and allowances as provided in sUb-sefion (2), such pay and 



0Iii:' 

'1.2. (1)' Every person who for any reason ceases to be a member Sf~:~~er 
. 0 ~'uucate, 

of the Home Guards shall forthwith deliver to the Area Commandant arms, etc. 
ot tG such person and at such place as the Area Commandant may 
.~t his certificate o! appointment," arms, accoutrements, -clothing 
and other.articles supplied to him as a member of the Horne Guards. 

(;3) The Area Ccmmandant or such other person receiving under 
sub-section (1) any certificate of appointment, arms, accoutrements, 
clothing and other articles, shall give a. receipt for the same to the 
person delivering such certificate, .arms, accoutrements, clothing and 
other articles. 

(3) AAy magistrate, and for special reasons which shall be record- 
ed in writing at the time, any police officer not below the rank of an 

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Assistant ~uperintendent of Police, may issue a warT~t to searc~ 
fur . and seize, wherever they may be found, any certificate, arms, 
accoutrements, clothing or other articles not so delivered up. Every 
warrant so issued shall be executed in accordance with the provisions 

1898. of the Code of Crimizal Procedure, 1898. by a police officer QI' if the 
magistrate or the police officer issuing the warrant so directs,·by any 
other person .•. 

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.: (4) Nothing in thi.s. section shall be deemed to apply to any 
article which under the orders of the Commandant has become the 
property of the person to whom the same was furnished. 

13. (1) The Area Commandant may; by order in writing, suspend Suspension 

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' cr remove from the Home Guarda any member of the 'Home Guards or removal, _ 
under his control,- 

. ~~ ~I~(a) who on being called out bY. an order under section 6, 
\" ~thout reasonable cause neglects or refuses- ., ~ 

(i) to obey such order, or 

(ii) to exercise the powers and discharge the duties as a 
member of the Home Guards, or 

(iii) to obey any lawful order or direction given to him 
a member of the Home Guards; Of, . 

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(b) who is guilt! of any breach of discipline Or of any 

misconduct. 

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mem))e:r-'of the Home Gu~ appoiAted to a post under his ·:ilnll't~dIi*e 
control and may also dismiss any member ef the Hom-e- Gum-ds on 
the ground of conduct which has led to his conviction on a. criminal 
charge. 

(2) N"O 1)l'oer ~!iier sub-seetion (1) shall be passed unless the 
lIt :bel' of the Home GuaJ!'\ds affee.ted by sUC1h ()rder is giVeLt an 
'QpJlQftuniiy to be' hsard in his aefence: 

Pr~ded that this sub-seetion shall net apply where a member 
of the 'Home Gttal"cl.s is d'i:smissed on the ground of eon dud- whieh 
has ·le!.l to 1ris {!onvietion on a criminal cha~e. 

/ (3) The suspension or removal of a member of the .Home Guards 
./ nude! this sectio~ shall be in ad~ition to any penalty to w?ich s~ch 

member may be liable under section 14 or any other law for the time 
being in force . 

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s. H. (I) If any member of the Home Guards, on being cal:'l'e-d out 

by an order under section 6, without reasonable cause neglects or 
'refuses- 

,\. /- :: : :~;C:':h::~:~S and discharge the duties as a 
.\ ~ member of the Heme Guanis, or 

(c) to obey any lawful order or direction given to him as a 
member of the Home Guards, fi. ali, 00. amviction.' be pu.nishabl-e- with simple ·lmprisonmelll.t for 

a tarm whieh may e:x:te.nd to wee months, or with fine whiea may 
extend to two hundred and fifty rupees, or with both. 

(4! If -any member af the Home 'Guards wilfully neglects or 

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refuses to deliver up his certificate of appointment or ~y other 
article in accordance with the provisions of sub-section (1) of 
section 12, he shall, on conviction, be punishable with imprisonment 
wbicb.--mc(y extend to ene IDo.nth, or with fine which may extend to 
one hundred rupees, or with both . 

..J {3) lie p:ro-ceeding shall be lnstituted under sub-section (1) or 
sub-section (2) without the previous Sanction of the Commandant. 

I _ C~) A ~cre ·oamcal' may arrest without warrant any person who 
J commits an offence punishable under this section. 

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. ~ revision. 
• of the A!n€a Commandant may appeal a~st such order to the 
Commandant and any member aggrieved by an order of the Com- \ 
mandaar, (aot he~ an order passed in appeal) may appeal against • 
such order to the Chi€f Cemrnission within dililrly days of the elate 
on which he was served with notice of sach order. The Commaadant 
or the Chief Commissioner, as the case may' be, may pass such order 
as.he tlMnk:dit.aonUnning. modifying or amg,Hi;n~ lhe order appealed 
against. 

(2) The Chief Commissioner may of hi own motion or on 
applkati:on call for and examine the record, of any order passed- by 

, the A:r,ea Commandant or a Commandant and revise, after such 
inquiry as he may deem necessary, any such order: 

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Provided that no. order prejudicial to a .person shall be passed 
under this. sub-section without giving him a reasonable opportunity 
of befng heard : 

Provi~ fUllther that the. Chief Comanssicaer &hall 'Rot issue 
any order under this sub-section in any- case- 

(a) where an appeal against the order lies and the time 
within whic.h. such appeal can be made has not expired or the. 
person has not waived his right to appeal; 

(b) where the order is the subject of an appeal; 
(c) where the application is made by an aggrieved person 

for such revision, unless the application is made within ninety 
days from the date on which 1:tte order was served on the 
applicant. 

)..6'.: .(1-). The Chief Commissioner may make ruJes to carry out Power to 
an' ~ ~-'y::81 '&e :p\lnpos.es of this Regulation. - make rules. 

,(4) In ~ 'cular and. without prejudice to the generality of the 
foregoing po er, such rules may provide for or regulate the following 

'matters, narrte-J,:- 
(d) all matters expressly required or allowed by this 

Regulation to be prescribed; 

(b) the organisation, qualifications, appointment, discipline. 
training, arms, accoutrements, clothing, conditio-ns of service, 
powers and duties of the Home Guards; 

(c) the exercise by any officer of the Home Guards o~ the 
powers conferred by section 6 on the Area Commandant and the 
Commandant: . ' 

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. ('o~~~ ~~em.ber~-~f-;he H~;'G~~ds acting in aid of the police'. • ~ .. ~ ~ .. 
/" force; :. ~... . .•.•. .\:~ 

~ . (e) the eonstitution of the authority for the purpose of 
: ;' section 9 and. the manner in which such authority may conduct "- 

any inquiry u.nder "this Regulation. 

J)) All rules made under this Regulation shall be pub&hed ill 
the Official Gazette. .. 

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&-, ,.,:! •••• -~-:'1: .. -": , •.. 17. Members of the Home Guards. acting under this Regulati<>n 

shill be deemed to be public servanta.grithjn the meaning of secticn ,il. "",:.~. '0; 
of the Indian Penal Code. 45 of 1860. 

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18. Notwithstanding anything to the contrary contained in any 
other law for the time being in force, a member of the Home d~~ 
shan not- be disqualified for being chosen and for being a mmnber 
of any local ci\1thority merely by reason of the fact that he is R 

member of theHome Guards. 

• S. RADHAKRISHNAN, 

President. 

R. C. S. SAitk:AR, 
S~wy. to the ~. ~f '[ndia.. 

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