The Karnataka Home Guards Act, 1962

Preamble

THE KARNATAKA HOME GUARDS ACT, 1962 ARRANGEMENT OF SECTIONS Statement of Object and Reasons Sections: 1. Short title and extent. 2. Definitions. 3. Constitution of Home Guards and appointment of Commandant General and Commandants. 4. Appointment of Members. 5. Functions and duties of members. 5A. Obligation of employer to permit Home Guards to join Duty. 6. Powers, protection and control. 7. Control by officers of police force. 8. Certificate, arms, etc., to be delivered up by person ceasing to be a member. 9. Punishment of members for neglect of duty, etc. 10. Punishment. 11. Disciplinary action against Commandant or the Commandant General. 12. Powers of State Government to make rules. 13. Members of the Home Guards to be public servants. 14. Members of the Home Guards not disqualified from being members of local authorities. 15. Amendment of Karnataka Act 4 of 1957. 16. Repeal of certain Acts and savings. 17. Repeal of Karnataka Ordinance No. 4 of 1962. * * * * STATEMENT OF OBJECTS AND REASONS I Act 35 of 1962 .- At present the Home Guards Organisation is in existence only in the Bombay-Karnataka Districts of the State. In view of the present emergency it is considered necessary to have a voluntary body of persons throughout the State to discharge duties in relation to the protection of persons, the security of property and preservation of public order in emergency. Hence, it is proposed to organise Home Guards in the entire State. In order to effectively control and administer the Organisation it is necessary to have a uniform law. In view of the urgency and as the Legislature was not in session, the Mysore Home Guards Ordinance, 1962, was issued. The present Bill is intended to replace the said ordinance. Except for the two clauses relating to repeal and savings, and the addition of a provision for laying rules made under the Act before the Houses of Legislature, in other respects the provisions of the Bill are identical with the provisions of the Ordinance. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 1st December 1962 as No. 238 at page. 8.) II Amending Act 11 of 1977 .- Karnataka State Home Guards is a statutory organization in the State and the services of Home Guards have become indispensable and decisive in maintaining peace and tranquility at elections, Railway Strikes and Political and Labour Demonstrations. The Members of Home Guards, excepting a few full time paid Officers, are all Volunteers employed in Private and Public Undertakings. The Home Guards belong to different traders, professions such as Doctors, Lawyers, Educationists, Engineers, Businessmen, Central and State Government Servants and Farmers. When such members are called on duty in emergent situations either to maintain public peace and order or to safeguard public property, difficulty is experienced to call them on duty because the Employers do not treat their absence as on duty. Consequently, the Employees will have to face loss of wages, salary etc., for the period they remain absent. In some cases when such persons respond to the call serve, as Home Guards even Departmental Proceedings were instituted against them for their absence from duty. There is no provision in the Home Guards Act, 1962 (Karnataka Act 35 of 1962), providing protection against such contingencies to the Home Guards. Therefore, with a view to protect the employees reporting themselves to the call-up from loss of salary, wages, etc., it is felt necessary that a provision be made to make it obligatory on the part of Employers to treat the period of absence at their offices while on Home Guards duty to pay their pay and allowance they are entitled to, at the place of employment, as if they are on duty. Since the Karnataka Legislature was not in session the Karnataka Home Guards (Amendment) Ordinance, 1977 was promulgated. This Bill Seeks to replace the said Ordinance. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A, dated 26th March 1977 a

Sections

Type to filter. 16 sections.

1. 1Short title and extent
2. 2Definitions
3. 3Constitution of Home Guards and appointment of Commandant General and Commandants
4. 4Appointment of Members
5. 5Functions and duties of members
6. 6Powers, protection and control
7. 7Control by officers of police force
8. 8Certificate, arms, etc., to be delivered up by person ceasing to be a member
9. 9Punishment of members for neglect of duty, etc
10. 10Punishment
11. 11Disciplinary action against Commandant or the Commandant General
12. 12Powers of State Government to make rules
13. 13Members of the Home Guards to be public servants
14. 14Members of the Home Guards not disqualified from being members of local authorities
15. 15Amendment of [Karnataka Act] 4 of 1957
16. 16Repeal of certain Acts and savings

Rules made under this Act

2 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.