THE MADHYA PRADESH HOME GUARDS ACT, 1947

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THE MADHYA PRADESH HOME GUARDS ACT, 1947 

(C.P. AND BERAR ACT XV OF 1947)  

[7th May, 1947]  

CONTENTS 

Section:  

1. Short  t i t le,  extent and commencement  

2.  Definit ions  

3.  Raising of Home Guards  

4.  Subordination and superintendence  

5. Appointment of officers  

6. Appointment of Home Guards  

7.  Duties and training of Home Guards  

8.  Discharge  

9. Uniform  

10. Call ing out Home Guards  

11. Control  over Home Guards   

12. Powers and protection of Home Guards   

13. Penalty  

14. Rules    

15. Home Guard to be a public servant.  

 

 

 

 



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THE MADHYA PRADESH HOME GUARDS ACT, 1947 

(C.P. AND BERAR ACT XV OF 1947)  

[7th May, 1947]   

An Act to provide for the consti tution of  Home Guards.  

Preamble .—Whereas i t  is  expedient to create a body of  volunteers to 

supplement  the Police Force 
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[and to assist  in any general  measure of public welfare ] 

in 
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[Madhya Pradesh];   

It  is  hereby enacted as  follows:  

Statement of  Objects and Reasons.—Experience has shown that  in real 

emergencies the ordinary police force is inadequate to deal effectively with the forces  

of 1 disorder without  fuller assistance and co -operation from the members  of the 

public.  The present unsett led conditions point  to the vital  necessity of  securing such 

co-operation and a condition precedent is the inculcation of the habits of self -reliance 

and discipline and spiri t  of civic  service among the public.  This Bill  is  designed to 

meet this purpose.  The “Home Guards” will  be a purely volunteer fo rce and will  

supplement the ordinary police, to be used in t imes of emergency for the purpose of 

maintaining law and order,  the protection of the person and proper ty of the cit izen and 

public safety. To start  with, the force will  be raised in 14 places onl y, but i t  may be 

extended to other areas as necessity arises.   

1. Short tit le,  extent  and commencement. —(1) This Act may be cited as the 

Central Provinces and Berar Home Guards Act, 1947.   

(2) It  extends to the whole of Madhya Pradesh.  

(3) It  shall  be in force in the towns of Jabalpur, Sagar,  Khandwa, Burhanpur,  

Raipur, Bilaspur,  Chhindwara and Betul and in all  such revenue districts of Madhya 

Pradesh,  in which this Act  or  any law corresponding to i t  was in force immediately 

before the commencement of the Madhya Pradesh Extension of Laws Act,  1958 (23 of  

1958) and may be brought into force in any other revenue district  or part  thereof on 

such date as  the State Government may,  by notification in the Official  Gazelle,  

appoint.   

2. Definitions.—In this Act unless there is anything repugnant in the subject  or 

context  

(a) “Home Guard” means a person who is appointed as such under this Act;   

(b) “Prescribed” means prescribed by rules made under this Act.   



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3. Raising of  Home Guards.—(1) In any revenue district  or part  thereof in 

which this Act is in force, the State Government may raise in such manner as may be 

prescribed Home Guards who shall  discharge such duties in relation to the protection 

of the person, the security of  property  and the public safety 
2
[and the assistance in any 

general  measure of public welfare] as may be assigned to them in accordance with the 

provisions of this Act  and the rules made thereunder.  

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[(1-a) The State Government may, in i ts discretion, consti tute t he Home Guard 

raised under  sub-section (1)  into one or  more Forces and may divide any such Force 

into one or more branches. ]  

4
[(2) Every Home Guard shall  be formally appointed and the Force or Forces of 

the Home Guard, as the case may be, shall  consist  of such number  of the officers and 

men as may be ordered by the State Government. ]   

(3) The conditions of training and service including an honorarium and board 

and lodging of the officers and men of the Home Guard shall  be such as may be 

prescribed.  

4. Subordination and superintendence.—(1)‟ [x x x]  

(2) The superintendence of the Home Guards throughout 2[Madhya Pradesh]  

shall  vest  in and shall  be exercised by the State Government through the Inspector -

General  of Police of the State in such manner and to such  extent as may be prescribed.  

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[(3) The Administration of the Home Guards shall  vest  in one or more 

Commandants-General  and such Commandants and other officers as may be appointed 

by the State Government. ]   

5. Appointment of  off icers.—(1) The Commandant -General  shall  be appointed 

by the State Government.   

(2) The appointment  of any Home Guard to an office of command subordinate  

to that  of the Commandant -General  shal l  be made in such manner as  may be 

prescribed.  

6. Appointment of  Home Guards.—(1) Subject  to the provisions of this Act 

and to the rules made there under  any person will ing to serve as  a Home Guard and 

possessing such qualifications as may be prescribed may be appointed a Home Guard.  

(2) The appointment of Home Guards shall  be made in such manner and by such 

authority as  may be prescribed.  

(3)(a) Every officer and every man of  the Home Guard shall  receive on his  

appointment a cert if icate in the form annexed to this Act under the seal  of the 

Commandant -General  in the case of  officers and of the Commandant in the case of  



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men, by virtue of which the person holding such cert if icate shall  be vested with the 

powers and privileges of a Home Guard.  

(b) Such cert if icate shall  cease to have effect  whenever the person named in i t  

ceases to be a  Home Guard and on his  so ceasing shall  within ten days be surrendered 

by him to the Commandant -General  if  he is  an officer and to the Commandant  in all 

other cases.  

7. Duties and training of  Home Guards. —
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[(1) Every Home Guard shall ,  

during the period of his training and service in the reserve be bound to perform such 

duties as may be prescribed for the t ime being in relation to the protection of the 

person, the security of the property and the public safety and the assistance in any 

general  measure of public welfare. ]  

(1-a) Subject  to any rules made in this behalf  i t  shall  be the duty of every Home 

Guard promptly to obey and execute all  orders issued to him by any competent  

authority, to  collect  and communicate to his immediate superior intell ig ence affecting 

the public safety and to prevent the commission of offences against  person or  

property.  

(2) Subject  to any rules made in this behalf  a Home Guard may be required to 

undergo [training for such period and in such manner as  may be prescribed af ter which 

he shall  serve as a Home Guard for a period of six months which period may be 

extended by the State Government to a  total  period of not more than twelve months if  

the State Government considers such extension necessary and shall  thereafter serve in 

the reserve for  a  period of  three years and while  in the reserve shall  be l iable  to be 

called out for duty at  any t ime.  

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[(2-A) The Commandant -General  may with the writ ten consent  of a Home 

Guard, extend from time to t ime the period of service of such Home Guard in the 

reserve and thereupon such Home Guard shall  serve in the reserve for a further period 

of three years and while in the reserve shall  be l iable to be called out for duty at  any 

t ime.]  

8. Discharge.—(1) Every officer and man of  the Home Guar ds shall  be enti t led 

to receive his  discharge from the Home Guards on the expiration of his period of 

service 
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[or extended period of service] in the reserve; but any such person may,  

before he becomes so enti t led, be discharged by such authority and subje ct  to such 

conditions as may be prescribed.  

(2) The prescribed authority may,  subject  to such conditions as may be 

prescribed, dismiss any officer or man from the Home Guards.  

9. Uniform.—Officers and men of the Home guards shall  wear such uniform as  

may be prescribed.  



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10. Calling out Home Guards.—
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[(1)  The District  Magistrate having 

jurisdiction over any revenue district  or part  thereof in which Home Guards are raised 

may by an order made in such manner  as  may be prescribed call  out any Home Guard 

for the discharge of any duty assigned to the Home Guards in accordance with the  

provisions of this Act  and the rules made thereunder ].   

(2) The District  Magistrate may,  in cases of emergency,  by order in writ ing, 

direct  that  the power of call ing out any Home Guard under sub-section (1) for the 

purpose of securing the public safety or  preventing the commission of offences against  

person or property shall ,  in such circumstances and under such conditions, if  any, as  

may be specified in that  direction be exercised  by any Magistrate not being a  

Magistrate of  the third class or a  police off icer not below the rank of  a Sub -Inspector 

of Police.  

(3) The Commandant -General  or such officer of the Home guards as may be 

authorised by him in this behalf  may call  out the Hom e guards in any a,rea for the 

performance of any duty relating to any general  measure of  public  welfare and 

prescribed under sub-section (1) of Section 7.  

11. Control over Home Guards.—The Home Guards shall  at  al l  t imes „hen 

undergoing training or  when ca lled out be under the control  and subject  to the order of 

their  officers,  and shall  when called out be further subject  to the general  control  of  

the District  Magistrate 1[and where the Home Guard has been called out by an 

authority other than District  Magi strate,  also such authority],  in  such manner and to 

such extent as may be prescribed.  

12. Powers and protection of  Home Guards. —(1) Subject  to the provisions of  

this Act or the rules made thereunder a Home Guard when called out under Section 10 

shall  have the same powers, privileges and protection as an officer of police appointed 

under any enactment for the t ime being in force.  

(2) No prosecution shall  be insti tuted against  a Home Guard in respect of 

anything done or purporting to be done by him in the d ischarge of his duty as Home 

Guard, except with the previous sanction of the State Government or some officer 

empowered by the State Government in this behalf .   

13. Penalty.—(1) Every Home Gaurd who is guil ty of any violation of duty or  

wilful  breach or neglect  of any provisions of this Act,  or of any rule or lawful order  

made by competent  authority,  or who withdraws from the duties of his  office with 

permission or who on being required to undergo training under Section 7 or being 

called out under Section 10 without sufficient cause neglects or refuses to obey the 

requirement or the order call ing him out,  or who is  guil ty of cowardice or offers any 

unwarrantable personal violence to any person in his custody, or who fails within ten 

days to surrender his cer t if icate under clause (b) of sub -section (2) of Section 6, shall  



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be punishable with simple imprisonment for a term which may extend to three months 

or with fine which may extend to two hundred and fifty rupees or with both.  

(2) An offence punishable under  sub-section (1) shall  be cognizable.  

(3) The Commandant -General ,  the District  Magistrate,  or,  subject  to the control  

of the Commandant -General ,  Commandant or an officer not below such rank as may be 

prescribed, may,  for any act  of commission or omission punishable under sub-section 

(1),  without formal tr ial ,  award to any Home Guard below the rank of Commandant,  

who is subject  to his authority, any of the following punishments,  namely, —  

(a) Imprisonment  in the Quarter Guard of a  police l ine or  such other place as  

may be considered sui table, for a term which may extend to twenty -eight  

days when the order is passed by the Commandant-General  or the District  

Magistrate,  or to seven days when i t  is  passed by any other officer.  Such 

imprisonment  shall  involve the forfeiture of pay,  honorarium and 

allowances, if  any, for  the period of imprisonment;   

(b) Punishment  dri l l ,  extra guard, fatigue or other duty, not exceeding twenty -

eight days induration,  with or  without confinement to the l ines as  may be 

appropriate.   

14. Rules.—(1) The State Government may make rules for carrying out the 

purposes of this Act.   

(2) In particular and without prejudice to the generali ty of the foregoing power 

such rules may provide for or regulate all  or  any of the following matters,  namely, —  

(a)  al l  matters which are required by this Act to be prescribed;  

(b)  The exercise by the Commandant -General  or the Commandant or other 

officer of the Home Guards of the powers conferred on District  

Superintendents of Pol ice Madhya Pradesh;  

(c)  the organization,  appointment,  conditions of service, functions,  

discipline, arms accoutrements,  c lothing and uniform of the Home 

Guards and the manner in which they may be called out for  service or  

required to undergo training; and  

(d) the exercise by a  Home Guard of  any of the powers exercisable under  

Section 12 of the Act.   

15. Home Guard to be a public servant.—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, XLV of 1860.  



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ANNEXURE 

Form of  Certif icate 

[See Section 6 (3)(a)]  

Name …………. 

Son of ……………… 

Caste ……………..  

Resident of ……………… 

has been appointed an officer/a member  of the Home Guards under Section 6 (3)(a) of 

the Central  Provinces and Berar Home Guards Act,  1947 (XV of 1947). When lawfully 

on duty, he shall  have the same powers , p rivileges and protection as an officer of  the 

police appointed under any enactment for the t ime being in force.  

Date of appointment ………..  

Place ………..  

Dated ……………. 

Commandant-General of  the Home Guards,  Madhya Pradesh.  

Commandant  of the Home Guards …………… 

SEAL