CHAPTER 122
HOME GUARD ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT OF THE HOME GUARD AND ITS COMMANDAND FUNCTIONS

   3.   Establishment of the Home Guard

   4.   Supreme command of the Home Guard

   5.   Command of the Home Guard

   6.   Functions of the Home Guard

   7.   Duties of members of the Home Guard

PART III
MEMBERS, ENLISTMENT, ATTESTATION, ETC

   8.   Composition of the Home Guard

   9.   Members of the Home Guard to be members of the Defence Force

   10.   Eligibility for enlistment

   11.   Recruiting officer

   12.   Enlistment

   13.   Validity of attestation and enlistment

   14.   False answers in attestation papers

   15.   Prohibition of non-citizens from enlisting or serving in the Home Guard

PART IV
HOME GUARD PROBING COMMITTEE

   16.   Home Guard Probing Committee

PART V
ALLOWANCE, TRAINING, DISCHARGE, ETC

   17.   Allowance

   18.   Training

   19.   Embodiment

   20.   Discharge

   21.   Postponement of discharge

PART VI
DISCIPLINE

   22.   Failure to attend on embodiment

   23.   Failure to fulfill training obligation

   24.   Person causing disaffection amongst members of the Home Guard

PART VII
MISCELLANEOUS

   25.   Membership of the Home Guard not a disqualification for membership of the National Assembly

   26.   Transitional provisions

   27.   Expenditure

   28.   Power to prosecute under other law not affected

PART VIII
EMPLOYER'S OBLIGATION

   29.   Employer's obligation

PART IX
REGULATIONS

   30.   Regulations

PART X
APPLICATION OF THE DEFENCE ACT TO THE HOME GUARD

   31.   Application of the Defence Act

   32.   [Had its effect.]

   33.   Dissolution of the Territorial Force

      SCHEDULE

AN ACT

to make provision for the establishment, maintenance, discipline and administration of the Home Guard; and to provide for matters incidental thereto or connected therewith.

[21st January, 1972]

Act 32 of 1971,

Act 13 of 1994.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Home Guard Act.

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“active service” shall have the meaning assigned thereto in section 3 of the Defence Act;

“Army” means the Regular Force of the Army referred to in sub-section (1) of section 4 of the Defence Act;

“citizen” means a citizen of Zambia;

“Commander” means the Commander of the Home Guard;

“commanding officer”, in relation to a guardsman, means the officer for the time being commanding the unit, sub-unit, branch or detachment of the Home Guard to which the guardsman belongs or is attached;

“date of attestation”, in relation to any person, means the date on which he is attested in accordance with the provisions of this Act;

“Defence Force” shall have the meaning assigned thereto in section 2 of the Defence Act;

“guardsman” means a member of the Home Guard other than an officer;

“member” means a guardsman or an officer;

“officer” means an officer of the Home Guard appointed as such by the President;

“serviceman” shall have the meaning assigned to it in section 2 of the Zambia National Service Act;

“unit” means a body of the Home Guard declared to be a unit by the Commander, and “sub-unit”, “branch” and “detachment” shall be construed accordingly.

   (2) For the purposes of this Act and the Defence Act as applied to the Home Guard—

      (a)   a reference to being on duty shall be construed as a reference to being present for the purpose of performing any duty required in accordance with the provisions of this Act;

      (b)   the period during which the whole or a part of the Home Guard is employed under order of the President under section 19 shall be deemed to begin as soon as the order is made.

PART II
ESTABLISHMENT OF THE HOME GUARD AND ITS COMMAND AND FUNCTIONS

3.   Establishment of the Home Guard

There is hereby established a force to be known as the Home Guard (in this Act referred to as “the Home Guard”).

4.   Supreme command of the Home Guard

The supreme command of the Home Guard shall vest in the President and he shall hold the office of the Commander-in-Chief of the Home Guard.

5.   Command of the Home Guard

   (1) The President may appoint a suitable person as Commander of the Home Guard (hereinafter called “the Commander”).

   (2) The Commander shall, subject to the provisions of this Act and subject to the orders and directions of the Minister, have the command, superintendence, direction and control of the Home Guard.

   (3) The Commander may, subject to the general instructions of the Minister and to the provisions of this Act, from time to time make standing orders for the general management of the members of the Home Guard in relation to their training, arms and accoutrement, clothing and equipment, places of residence, classification of duties, as well as their distribution and inspection, and such other orders and instructions as he may deem expedient for preventing neglect and for promoting efficiency, discipline and good management of the Home Guard.

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