Bombay Home Guards Rules, 1953

The Bombay Home Guards Rules, 1953

Published vide Notification G. N., H. D., No. 740/5-2, dated 14th May, 1953 (B. G., Part 4-B, page 884)

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In exercise of the powers conferred by Section 8 of the Bombay Home Guards Act, 1947 (Bombay III of 1947), the Government of Bombay is pleased to make the following rules, namely :-

1. Short title.- These rules may be called the Bombay Home Guards Rules, 1953.

[A. These rules extend to the whole of the State of Bombay].

2. Definitions.- In these rules unless there is anything repugnant in the subject or context,-

(1) "Act" means the Bombay Home Guards Act, 1947;

(2) "Commandant" means a Commandant of Home Guards appointed under section 2;

(3) "Commandant General" means the Commandant General appointed under section 2;

(4) "form" means a form appended to these rules;

(5) "Home Guards" means the Home Guards constituted under section 2;

(6) "member of Home Guards" means a member appointed under section 3;

(7) "Section" means a section of the Act.

3. Appointment of member of Home Guards.- (1) No person shall be appointed as a member of the Horne Guards -

(a) unless he has attained the age of 20 years and has not completed the age of 50 years;

(b) unless he has passed at least the [eighth] standard examination in any language;

(c) unless he has been medically examined in accordance with the directions of the Commandant General and is in the opinion of the Commandant physically fit :

Provided that the Commandant General may relax the conditions regarding the age or educational qualifications prescribed in clauses (a) and (b) above in suitable cases :

Provided further that the State Government may direct that in respect of any area the educational qualification for appointment as a member of Home Guards shall be such as it deems fit.

4. Application for appointment.- A person desiring to be appointed a member of the Home Guards shall make an application in Form A.

[5. Home Guards Advisory Committee. - (1) The State Government may appoint-

(a) A Central Advisory Committee for the whole State;

(b) An Advisory Committee for Brihan Mumbai: and

(c) A District Advisory Committee for each of the District elsewhere.

(2) The Central Advisory Committee shall consist of twelve official members and not more than four non-official members nominated by Government. The official members of the Committee shall be as follows namely :-

(3) The Advisory Committee for Brihan Mumbai shall consist of seven official members and not more than six non-official members nominated by the Chairman of the Committee in consultation with the Guardian Minister. The official members of the Committee shall be as follows, namely :-

(4) The District Advisory Committee for each district shall consist of five official members and five non-official members nominated by the Chairman of the Committee in consultation with the Guardian Minister. The official members of the Committee shall be as follows, namely :-

(5) A non-official member of any of the above Advisory Committees shall ordinarily hold office for a period of three years from the date of nomination, and shall be eligible for re-nomination on the expiry of the term of his office.

(6) (a) The Central Advisory Committee shall hold its meetings as often as may be necessary but not less than once in a year.

(b) The other Advisory Committees shall hold their meetings as often as may be necessary, but not less than once in three months.

(c) The Committees shall review the working of the Home Guards Organisation to suggest ways and means for the efficient functioning of that organisation. The functions of the Committees shall be purely of an advisory nature and they shall consider matters of general interest of the organisation only.]

6. Pledge.- Every person, before his appointment as a member, shall sign a pledge in Form B before the Commandant or an officer authorised by him for the purpose.
7. Certificate.- Every person appointed as a member of the Home Guards shall receive a certificate of appointment in Form C.
8. Term of office.- [(1) The term of office of the Commandant shall be three years :

Provided that, in an exceptional case, if the State Government is of the opinion that, the Commandant has rendered meritorious service during the tenure of his office and is physically fit, the Government may grant him extension of a period of two years, which may be extended for a further period of one year, subject to the condition that the incumbent is not more than sixty years of age on the date of extension :

Provided further that, the total period of the term of office of the Commandant shall not exceed six years in the aggregate.]

9. Limit of age for a member of the Home Guards.- A member of the Home Guards may continue to be such member until he attains the age of 55 years :

Provided that, the Commandant General may relax the age limit in suitable cases.

9A. Conditions subject to which power of discharge may be exercised. - No member of the Home Guards shall be discharged under sub-section (1-A) of section 6-B unless the Commandant or the Commandant General, as the case may be, is satisfied that such member has committed an act detrimental to the good order, welfare or discipline of the Home Guards Organisation.

10. Resignation.- A member of the Home Guards may resign his office by application in writing addressed to the Commandant ;

Provided that, such resignation shall not take effect unless the Commandant General or the Commandant accepts the same after being satisfied that there are good and sufficient reasons for the same.

11. Organisation.- In addition to the Commandant General, the Home Guards constituted for each area shall consist of a Commandant, a Second-in-command, an Adjutant, Senior Divisional Commanders, such staff officers as the Commandant may consider necessary, Divisional Commanders, Company Commanders, Senior Platoon Commanders, Platoon Commanders, Sergeant Majors, Quarter Master Sergeants, Platoon Sergeants, Section Leaders, Assistant Section Leaders and Sections consisting of twelve Home Guards. Three sections shall form a Platoon, three Platoons a Company and three Companies a Division.
12. Powers of the Commandant General and Commandants.- (1) The Commandant General shall exercise general supervision and control over the working of all Commandants in the State and co-ordinate the work of the Home Guards all over (he State. He shall be directly responsible to the State Government for the efficient working discipline, administration, and training of the organisation.

(2) Subject to the supervision and control of the Commandant General, each Commandant shall exercise supervision and control over the working of the Home Guards under his command. He shall be responsible to the Commandant General and the State Government for the efficient working, discipline, administration and training of the Home Guards under his command.

(3) Subject to the supervision and control of the Commandant General and the Commandant, any officer of the Home Guards authorised by the Commandant in this behalf may exercise the powers conferred by section 4 on the Commandant in such circumstances as the Commandant may specify.

13. Discipline.- (1) A member of Hie Home Guards shall obey every order of his superior officer.

(2) For the purpose of administration and discipline the members of the Home Guards shall be under the control of their own officers ;

Provided that, if a contingent of Home Guards is acting in conjunction with the ordinary Police Force, the Senior Officer of such contingent present shall be under the immediate control and subject to the directions of the senior officer of such Police Force present not below the rank of an Inspector in the Greater Bombay and not below the rank of a Sub-Inspector elsewhere.

14. Uniforms, accoutrements, etc.- A member of the Home Guards shall, while on duty, wear the uniform supplied to him. He may also carry a rifle or a revolver or any other weapon, sanctioned by the State Government from time to time.
15. Training.- The members of the Home Guards shall undergo such course of training as may be determined in writing by the Commandant General from time to time and at such places as may be fixed by the Commandant from time to time.
16. Functions and duties.- [(1) The functions and duties of members of Home Guards shall ordinarily consist of -

(a) serving as auxiliary to the police and extending assistance in maintaining internal security subject to guidelines 61-62 provided by Home Guards Evaluation Committee, Maharashtra,

(b) assisting the community during emergencies such as air raid, fire, flood, epidemic, earthquake, cyclone and the like,

(c) assisting in transport, communication, electricity, water supply and other essential services in the event of breakdown in such services,

(d) promoting communal harmony and assisting the administration in protecting weaker sections of the society,

(e) participating in socio-economic and welfare activities such as adult education, health and hygiene, development schemes and such other functions as may be deemed useful,

(f) functioning as the nucleus of Civil Defence Services, such as fire, rescue, communications and ambulance,

(g) performing such other duties as may be assigned from time to time by the State Government or the Commandant General.]

(2) A member of the Home Guards constituted for any area shall be liable to serve in any other area in which the Act is in force.

17. Remuneration.- Officers and other members of the Home Guards shall be entitled to receive such allowances and at such rates as the State Government may from time to time determine.
18. Compensation.- If a member of the Home Guards suffers any damage to his person or property while under training or on duty, he shall be paid such compensation as may be determined by the State Government, provided that such damage is not caused by his own negligence or wilful act or omission in contravention of any of the provisions of the Act or rules made thereunder or orders or directions issued by his superior officers :

[Provided that, in the event of any serious injury of disability or death of such member during the course of his duty, the Commandant General may, as an interim relief, sanction provisional compensation, not exceeding five hundred rupees to be paid either in lump sum or in such suitable instalments as he may direct and the amount so paid shall be adjusted against the compensation determined by the State Government.]

19. Motorised unit.- A motorised unit of the Home Guards may be formed with members owning motor vehicles who desire to place their vehicles at the disposal of the Commandant General or the Commandant, as the case may be, when called out under section 4 of the Act. Only those member-owners who hold a driving licence and whose motor vehicles confirm to the required specifications shall be enrolled in this unit. The State Government shall bear the cost of petrol for the use of such motor vehicles.

The State Government shall also bear the difference between the riot and ordinary insurance in respect of such vehicles in cases in which the member-owners have taken out riot insurance policies in respect of such vehicles.

20. Repeal.- [(1) The Maharashtra Home Guards Rules; 1946, are hereby repealed :

Provided that, anything done under any provision of the said rules, shall be deemed to have been done under the corresponding provisions of these rules.

(2) On the commencement of these rules in the Vidarbha region, the Central Provinces and Berar Home Guards Rules, 1947, in their application to the Vidarbha area of the State, shall stand repealed ;

Provided that, anything done or any action taken under any provision of the rules so repealed shall, in so far as it is not inconsistent with the provisions of these rules, be deemed to have been done or taken under the corresponding provision of these rules.]

Form A

(See rule 4)

To

The Commandant, Home Guards,

I declare that I am a citizen of India and that I desire to be enrolled as a member of the Home Guards for[..................] and have no intention of permanently leaving the limits of the Bombay State for atleast three years after enrolment and that I am not under any obligation to serve in any other force.

I understand that -

(1) in any emergency I shall be liable to be called out on duty at any time and for any period and in any part of the State of Bombay.

(2) I shall be liable to undergo training and attend parades in accordance with the orders of my superior officers.

(3) I shall be required to take the following pledge, namely :-

"I, ............... residing at ............................ do solemnly and sincerely declare and affirm that I will well and truly serve the Government of Bombay as a member of the Home Guards in [...............] without favour or affection, malice or ill-will or communal or political basis; and that I will, to the best of my powers, discharge the functions and duties assigned to me for the protection of peace, the security of property and the public safety and that I will, to the best of my skill and knowledge, discharge all the duties as such member faithfully, according to law and will not allow any communal and political bias to interfere with the duties assigned to me by Government or my Superior Officers."

(4) I shall be required to serve for a period of three years in the Home Guards unless I am allowed to resign in pursuance of the Bombay Home Guards Rules, 1953.

(5) [I shall ordinarily be liable to serve in any part of]

1. Name in full
2. Address     (Residence)

(Business)

3. Telephone No.       (Residence)/if any

(Business)

4. Date of birth
5. Place of birth (Town, Country or District)
6. Occupation or profession
7. Education (Degree held or examination passed) (Special qualifications such as knowledge of foreign languages or of stenography or typing should be mentioned)
8. Particulars of war service or military or naval training or training with any First Aid or Ambulance Corps
9. Father's name
10. Father's occupation or profession

[11. If originally a resident of Pakistan the address in that Dominion and the date of migration to Indian union.

12. Particulars of places where the applicant resided for more than one year during the preceding five years. Residential address at each such place specifying the House No. Lane/ Street, Road, Village or Town and District and the period of residence at such place showing the dates thereof should be stated.]

The answers to the following questions are as against them :-

1. Do you hold an arms licence ? If so, give description of the weapon.
2. Have you received any training in the use of firearms ?
3. Do you own a motor vehicle ? If so, give its description and whether you would join the motorised section; if not, whether you would keep your vehicle at the disposal of the motorised unit.

[4. Have you ever been convicted by a Court for any offences ? If so, give full particulars of the convictions and the sentences.]

I declare that the above particulars are correct.

Date :

Signature

Certificates of character signed by two gentlemen of position who have known you personally for at least three years should be written in space below :

1. Signature of person who gives the certificate.

Address

Telephone No. (if any)

2. Signature of person who gives the certificate.

Address

Telephone No. (if any)

Notes. - (1) If you are a Government servant or an employee in a local authority, a firm or any other office, you should send this form through your superior officer with his certificate that he has no objection to your attending the training and that he will release you for duty in an emergency at any time and for any period and in any part in the State of Maharashtra.

(2) After completing the form you should post it or deliver it to the Commandant, Home Guards. You will receive intimation in due course whether your services can be utilised.

Form B

(See rule 6)

Form of Pledge

"I........................ residing at........................ do solemnly and sincerely declare and affirm that I will well and truely serve the Government of Bombay as a Member of the Home Guards, in [.....................]without favour or affection, malice, or ill-will or communal or political bias; and that I will, to the best of my powers, discharge the functions and duties assigned to me for the protection of peace, the security of property and the public safety and that I will, to the best of my skill and knowledge, discharge all the duties as such member faithfully, according to law and will not allow any communal or political bias to interfere with the duties assigned to me by Government or my superior officers."

Form C

(See rule 7)

Certificate of appointment as a member of the Home Guards

No.

State of Maharashtra

Shri ................... has been appointed as a member of the Home Guards for the (area) ............................. under the Bombay Home Guards Act, 1947 (Bombay III of 1947).

Dated         19 ..

Signature.

Designation.