Delhi LG approves draft rules to regulate functioning of private security agencies
Jul 21, 2023
New Delhi [India], July 21 : Delhi Lieutenant Governor VK Saxena on Friday approved the draft 'Delhi Private Security Agencies (Regulation) Rules, 2023' which is aimed at regulating the functioning of the private security agencies in the national capital.
"The draft provides for the procedure for verification of character and antecedents of the private security guards and supervisors, the type of training prescribed for the personnel, physical standards and other conditions," an official statement said.
According to the draft, the rules make it clear that all the training agencies shall submit the details of security guards and supervisors, trained batch-wise to the Controlling Authority within 30 days of completion of each batch along with a copy of their training certificates in online and offline mode.
The rules also deal with the number of supervisors to be employed and the form in which a photo identity card has to be issued.
The draft rules were framed by the Home Department, GNCTD on the lines of model rules notified by the Ministry of Home Affairs, Government of India (Vide Notification dates Dec 15, 2020) and in consultation with the Law Department, GNCTD, under Private security agencies (Regulation) Act, 2005.
The Home Department sought approval of the Lieutenant Governor in the light of ‘Enforcement of Private Security Agencies (Regulation) Act, 2005 and FDI policy’ issued by the Union Home Ministry which states that ‘Public Order and Police’ are state subjects and ‘Internal Security’ is the responsibility of the Central Government.
The matter was examined by the LG’s Secretariat in terms of the judgment dated April 25, 2014, of the Supreme Court, as per which, the Private security agency act is a law made under entry 97 of the Union List. Therefore, it is outside the legislative competence of the Delhi Assembly.
"The draft rules are proposed to be notified in the exercise of powers conferred under section 25 read with clauses (1) and (2) of the Private Security Agencies (Regulation) Act, 2005 which provides power of state government to make rules for carrying out the provision of the Act," an official statement said.
The Private Security Agencies (Regulation) Act, 2005 is a Central Act and as per section 2 (i) of the Act, State Government in relation to Union Territory means Administrator of that Union Territory appointed by the President under Article 239 of the Constitution.
