THE ARUNACHAL PRADESH HOME GUARDS ACT, 2006

{
    "id": 2402,
    "slug": "arunachal-pradesh-home-guards-act-2006",
    "title": "THE ARUNACHAL PRADESH HOME GUARDS ACT, 2006",
    "short_title": "The Arunachal Pradesh Home Guards Act, 2006",
    "act_number": "12",
    "act_year": 2006,
    "act_type": "STATE",
    "location": "Arunachal Pradesh",
    "law_status": "valid",
    "enactment_date": "2006-12-06",
    "description": "The Arunachal Pradesh Home Guards Act, 2006",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "to provide for constitution of a volunteer organization\nfor use in emergencies and for the incidental purposes\nin the State of Arunachal Pradesh:\nWHEREAS it was expedient to provide a volunteer\norganization for use in emergencies and for the incidental\npurposes in the state;\nAND WHEREAS, it was considered necessary to\nimmediately make a law for the same ;\nAND WHEREAS the Arunachal Pradesh Legislative\nAssembly was not in session ;\nAND WHEREAS the Governor of Arunachal\nPradesh was satisfied that circumstances existed which\nrendered it necessary for him to take immediate action\nto make law for the purposes aforesaid and therefore,\npromulgated the Arunachal Pradesh Home Guards\nOrdinance, 2006 on 31st July, 2006;\nAND WHEREAS it is expedient to replace the said\nOrdinance by an Act of the State Legislature and it is\nhereby enacted in the Fifty-seventh Year of the Republic\nof India as follows :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1(1)",
            "chapter": null,
            "content": "This Act may be called the Arunachal\nPradesh Home Guards Act, 2006.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "It extends to the whole of the State of Arunachal\nPradesh.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "It shall be deemed to have come into force on\n31st July, 2006.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "2",
            "title": "Section 2(1)",
            "chapter": null,
            "content": "The Governor of Arunachal Pradesh shall\nconstitute for the State of Arunachal Pradesh a volunteer\nbody called the Home Guards, the members of which\nshall discharge such functions and duties in relation\nto the protection of persons, the security of property\nand the public safety as may be assigned to them in\naccordance with the provisions of this Act and the\nRules made there under.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Proviso to Section 2(1)",
            "chapter": null,
            "content": "Provided that the Governor of Arunachal Pradesh\nmay, by notification in the Official Gazette, divide the\nState of Arunachal Pradesh into two or more areas and\nconstitute such a volunteer body for each such area.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "Section 2(2)",
            "chapter": null,
            "content": "The Director General of Police shall be the ex-\nofficio Commandant General of the Home Guards in\nwhom shall vest the general supervision and control of\nthe Home Guards throughout the State of Arunachal\nPradesh. However, the Governor of Arunachal Pradesh\nmay also appoint another officer as the Commandant\nGeneral of the Home Guards, if so required.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2(3)",
            "chapter": null,
            "content": "The District Superintendent of Police shall be\nthe ex-officio Commandant for the Home Guards\nconstituted under sub-section (1), in each district.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 70
        },
        {
            "number": "3",
            "title": "Section 3(1)",
            "chapter": null,
            "content": "Subject to the approval of the Commandant\nGeneral, the Commandant may appoint as members\nof the Home Guards such number of persons, who are\n• fit and willing to serve, as may from time to time be\ndetermined by the Commandant General and may\nappoint any such member to any office of Commandant\nin Home Guards.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "3",
            "title": "Section 3(2)",
            "chapter": null,
            "content": "Notwithstanding anything contained in sub-\nsection (1), the Commandant General, subject to the\napproval of the Commissioner/Secretary, Home, may\nappoint any such member to any post under his\nimmediate control.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "4",
            "title": "Section 4(1)",
            "chapter": null,
            "content": "The Commandant may at any time call out\na member of the Home Guards for training or to discharge\nany of the functions or duties assigned to the Home\nGuards in accordance with the provision of this Act and\nthe rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "4",
            "title": "Section 4(2)",
            "chapter": null,
            "content": "The Commandant General may in an emergency\ncall out a member of the Home Guards for training or to\ndischarge any of the said functions or duties in any part\nof the State of Arunachal Pradesh.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "5",
            "title": "Section 5(1)",
            "chapter": null,
            "content": "A member of the Home Guards when called\nout under section 4 shall have the same powers and\nprotection as an officer of police appointed under any\nAct for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "5",
            "title": "Section 5(2)",
            "chapter": null,
            "content": "No prosecution shall be instituted against a\nmember of the Home Guards in respect of any thing\ndone or purporting to be done by him in the discharge of\nhis functions or duties as such member, except with\nthe prior sanction of the District Magistrate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "6",
            "title": "Section 6",
            "chapter": null,
            "content": "The members of the Home Guards when called\nout under section 4 in aid of the police force shall be\nunder the control of the officers of the police force in\nsuch a manner and to such extent as may be prescribed\nby rules made under section 10.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "7",
            "title": "Section 7(1)",
            "chapter": null,
            "content": "Every person who for any reason ceases to\nbe a member of the Home Guards shall forthwith deliver\nup to the Commandant or to such person and at such\np'ace as the Commandant may direct, his certificate of\nappointment or of office and the arms, accoutrements,\nclothing and other Home Guards properties, if any in\nhis possessions which have been furnished to him as\ncush member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "7",
            "title": "Section 7(2)",
            "chapter": null,
            "content": "Any Magistrate, and for special reasons which\nshall be recorded in writing at the time, any police officer\nnot below the rank of Assistant or Deputy\nSuperintendent of Police may issue a warrant to search\nfor and seize, wherever they may be found, any\ncertificate, arms, accoutrements, clothing or other\nproperties not so delivered up. Every warrant so issued\nshall be executed in accordance with the provisions of\nthe Code of Criminal Procedure, 1973 (2 of 1974), by a\npolice officer or if the Magistrate or the police officer\nissuing the warrant so directs, by any other person.",
            "footnote": "2 of 1974",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "7",
            "title": "Section 7(3)",
            "chapter": null,
            "content": "Nothing in this section shall be deemed to apply\nto any article which under the orders of the Commandant\nGeneral has become the property of the persons to whom\nthe same was furnished.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "8",
            "title": "Section 8(1)",
            "chapter": null,
            "content": "The Commandant shall have the authority\nto suspend, reduce, dismiss or fine an amount not\nexceeding rupees two hundred and fifty, any member of\nthe Home Guards, under his control, if such member,\nwithout reasonable cause, on being called out under\nsection 4 neglects or refuses to obey such order or to\ndischarge his functions and duties as a member of Home\nGuards or to obey any such lawful order or direction\ngiven to him for the performance of his functions and\nduties or is guilty of any breach of discipline or\nmisconduct, the Commandant shall also have the\nauthority to dismiss any member of the Home Guards\non the ground of conduct which has led to his conviction\non a criminal charge. The Commandant General shall\nhave the like authority in respect of any member of the\nHome Guards appointed to a post under his immediate\ncontrol.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "8",
            "title": "Section 8(2)",
            "chapter": null,
            "content": "Notwithstanding anything contained in this Act,\nthe Commandant shall have the authority to discharge\nany member of the Home Guards at any time subject to\nsuch conditions as may be prescribed, if, in the opinion\nof the Commandant, the services of such member are\nno longer required. The Commandant General shall have\nthe like authority in respect of any member of the Home\nGuards appointed to a post under his immediate control.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "8",
            "title": "Section 8(3)",
            "chapter": null,
            "content": "When the Commandant General or the\nCommandant passes an order suspending, reducing,\ndismissing or fining any member of the Home Guards\nunder sub-section (1), he shall record such order or\ncause the same to be recorded, together with the\nreasons thereof and a note of the inquiry made in writing\nand no such order shall be passed by the Commandant\nGeneral or the Commandant unless the person\nconcerned is given an opportunity to be heard in his\ndefence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "8",
            "title": "Section 8(4)",
            "chapter": null,
            "content": "Any member of the Home Guards aggrieved\nby an order of the Commandant may appeal against\nsuch order to the Commandant General and any such\nmember aggrieved by an order of the Commandant\nGeneral may appeal against such order to the Secretary/\nCommissioner of Home, Government of Arunachal\nPradesh within thirty days of the date on which he was\nserved with notice of such order. The Commandant\nGeneral or the Secretary/Commissioner of Home as the\ncase may be, may pass such order as he thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "8",
            "title": "Section 8(5)",
            "chapter": null,
            "content": "The Commandant General or Secretary/\nCommissioner of Home may, at any time, call for and\nexamine the record of any order passed by the\nCommandant/Commandant General as the case may\nbe under sub-section (1) or (2) for the purpose of\nsatisfying himself as to the legality or propriety of such\norder passed by the Commandant or Commandant\nGeneral as the case may be and may pass such order\nwith reference thereto as he thinks fit.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "8",
            "title": "Section 8(6)",
            "chapter": null,
            "content": "Every order if no appeal is made therefrom as\nhereinbefore provided and every order passed in appeal\nor revision under this section shall be final.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "8",
            "title": "Section 8(7)",
            "chapter": null,
            "content": "Any fine imposed under this section may be\nrecovered in the manner provided by the Code of Criminal\nProcedure, 1973 (2 of 1974) for the recovery of fines\nimposed by a Court as if such fines were imposed by a\nCourt.",
            "footnote": "2 of 1974",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "8",
            "title": "Section 8(8)",
            "chapter": null,
            "content": "Any punishment inflicted on a member of the\nHome Guards under this section shall be in addition to\nthe penalty to which such member is liable under section\n7 or any other law for the time being in force.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "9",
            "title": "Section 9(1)",
            "chapter": null,
            "content": "If any member of the Home Guards, on\nbeing called out under section 4, without reasonable\nexcuse, neglects or refuses to obey such order, or to\ndischarge his functions as a member of the Home\nGuards, or to obey any lawful order or direction given to\nhim for the performance of his duties, he shall, on\nconviction, be punishable with simple imprisonment for\na term which may extend to three months or with fine\nwhich may extend to two hundred and fifty rupees or\nwith both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "9",
            "title": "Section 9(2)",
            "chapter": null,
            "content": "If any member of the Home Guards willfully\nneglects or refuses to deliver up his certificate\nof appointment or of office or any other article,\nin accordance with the provisions of sub-section\n(1) of section 7, he shall, on conviction, be\npunished with imprisonment for a term which\nmay extend to one month or with fine which\nmay extend to one hundred rupees or with both.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "9",
            "title": "Section 9(3)",
            "chapter": null,
            "content": "No proceeding shall be instituted under sub-\nsection (1) or (2) without the prior sanction of\nthe Commandant.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "9",
            "title": "Section 9(4)",
            "chapter": null,
            "content": "A police officer may arrest without warrant any\nperson who commits an offence punishable\nunder sub-section (1) or (2).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "10",
            "title": "Section 10",
            "chapter": null,
            "content": "The State Government may, by notification,\nmake rules on the following matters for carrying out the\nprovisions of the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "10",
            "title": "Section 10(a)",
            "chapter": null,
            "content": "providing for the exercise by any officer of the\nHome Guards of the powers conferred by section\n4 of the Commandant and the Commandant\nGeneral;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "10",
            "title": "Section 10(b)",
            "chapter": null,
            "content": "providing for the exercise of control by officers\nof the police force over members of the Home\nGuards when acting in aid of the police force;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "10",
            "title": "Section 10(c)",
            "chapter": null,
            "content": "regarding the organization, appointment,\nconditions of service, functions, discipline, arms,\naccoutrements and clothing of members of the\nHome Guards and the manner in which they\nmay be called out for service;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "10",
            "title": "Section 10(d)",
            "chapter": null,
            "content": "regulating the exercise by members of the\nHome Guards of any of the powers exercisable\nunder section 5 of this Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "10",
            "title": "Section 10(e)",
            "chapter": null,
            "content": "generally for giving effect to the provisions of\nthis Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "11",
            "title": "Section 11",
            "chapter": null,
            "content": "Members of the Home Guards acting under\nthis Act shall be deemed to be public servants within\nthe meaning of section 21 of the Indian Penal Code\n(XLV of 1860).",
            "footnote": "XLV of 1860",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "12",
            "title": "Section 12(1)",
            "chapter": null,
            "content": "The Arunachal Pradesh Home Guards\nOrdinance, 2006 (No. 2 of 2006) is hereby repealed.",
            "footnote": "No. 2 of 2006",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "12",
            "title": "Section 12(2)",
            "chapter": null,
            "content": "Notwithstanding such repeal, anything done\r\nor any action taken under the said Ordinance shallbe\r\ndeemed to have been done or taken, as the case may\r\nbe, under the corresponding provisions of this Act.\r\n\r\nNote: Published in the Arunachal Pradesh Gazette,\r\nExtraordinary No. 109 Vol. XIV, dated 15th\r\nDecember, 2006.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        }
    ],
    "metadata": {
        "Act ID": "200612",
        "Act Number": "12",
        "Enactment Date": "2006-12-06",
        "Act Year": "2006",
        "Short Title": "The Arunachal Pradesh Home Guards Act, 2006",
        "Department": "Legislative Assembly",
        "Type": "STATE",
        "Location": "Arunachal Pradesh"
    },
    "updated_at": "2026-09-29 21:52:01"
}