Keyword(s):
Home Guard

The following Act of the Sikkim Legislative Assembly having received assent of
the Governor on 27th day of march, is hereby publishedfor,general information.
THE SIKKIM HOME GUARDS ACT, I992
( ACT NO. I OF I992)
AN
ACT
to provide for theconstitution of a voluntary organisation known as Home
Guards for service in emergencies and for certain other purposes so as to inculcate
habits of self-reliance and discipline among thepeople develop in them a sense
of civic responsibility and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of Sikkim in the Forty-Third Year of the Re-
public of India as follows:—

  1. (1) This Act may be called the Sikkim Home Guards. Act, I992.
    (2) It extends to the whole of the State of Sikkim.
    (3) It shall come into force on such date as the Government may, by noti-
    fication in the Official Gazette,appoint and different dates may be
    appointed for different districts..
  2. In this Act, unless the context otherwise requires,—
    (a) “Government ” means the State Government of Sikkim;
    (b) “Home Guard” means a person who is appointed as such under this Act;
    (c) “prescribed” means prescribed by rules made under this Act.
  3. (I) The Government shall, by notification in the Official Gazette, con-
    stitute for each district a volunteer body called the Home Guards, the
    members of which shall discharge such functions and duties in relation
    to the protection of persons, the security of property, the public safety and
    the maintenance of essential services as may be assigned to them in
    accordance with the provisions of this Act and the rules made thereunder.
    (2) The administration of Home Guards constituted under sub-section (I)
    for any district shall be vested in the Commandant, who shall be appoin-
    ted by the Government and in any such Additional, Deputy or Assistant
    Commandants as the Government may deem fit to appoint.
    Short title,
    extent and
    commence-
    ment.
    Definitions.
    Constitu-
    tion of
    Home
    Guards and
    appoint-
    ment of
    Comman-
    dant. (3) The general supervision and control of Home Guards throughout the State
    shall vest in the Commandant General who shall be appointed by the
    Government and in any such Additional Commandants General/Divi-
    sional/ Deputy Commandants General or Assistant Commandants General
    as the Government may deem fit to appoint.
    (4) The Home Guards constituted for different districts in the State shall,
    for the purposes of this Act, be a single force and the members thereof
    shall be formally enrolled, and such force shall consist of such number
    of officers and men, and their qualifications and conditions of training
    and service shall be such as may be prescribed.
  4. (I) Subject to the approval of the Commandant General, the Commandant
    may appoint as Home Guards such number of persons who are fit and
    willing to serve as may, from time to time, be determined by the Govern-
    ment and may appoint any such person to any office of command in the
    Home Guards.
    (2) Notwithstanding anything contained in sub-section (I), the Comman-
    dant General may appoint any such person to any post under his immediate
    control.
    (3) A Home Guard shall, on appointment, make a declaration in the form
    specified in the First Schedule and receive a certificate of appointment
    in the form specified in che Second Schedule, under the seal and signature
    of such officer as may be prescribed.

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