Delhi Lieutenant Governor Vinai Kumar Saxena has approved the long pending draft “Delhi Private Security Agencies (Regulation) Rules, 2023 aimed at regulating the functioning of the private security agencies in the national Capital.
The draft rules were framed by the Home Department, Delhi government on the lines of model rules notified by the Ministry of Home Affairs, Government of India (Vide Notification dated 15.12.2020) and in consultation with the Law Department, Delhi government, under Private Security Agencies (Regulation) Act, 2005.The rules, among other things, provide 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.
Further, the rules make it clear that all the training agencies shall submit the details of security guards/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/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 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 judgement dated 25.04.2014 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 Delhi Assembly.
The draft rules are proposed to be notified in exercise of powers conferred under section 25 read with clause (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.
