*Governor to promulgate Ordinance shortly
Mohinder Verma
JAMMU, Aug 19: Concerned over the proliferation of private security agencies and the manner in which these are functioning in this sensitive State, the Government has approved a legal framework to maintain hawk’s eye on their activities and Governor N N Vohra would promulgate Ordinance on the issue shortly.
This has also become imperative in view of the directions from the Union Government, which has observed that Jammu and Kashmir has not taken the issue of serious concern in right earnest till date and un-regulated functioning of such agencies is fraught with several risks.
Official sources told EXCELSIOR that there is a growing tendency among the private business enterprises to hire security guards from private security agencies and this has resulted into proliferation of such agencies in this sensitive State. “Though these private agencies have helped in meeting the security needs of private business establishments, there has been a growing concern about the manner in which these function”, they added.
“There is also an imminent possibility of employees employed with the private security agencies encroaching upon the duties of the police by using weapons in an illegal manner and also sometimes masquerading as policemen by wearing the similar uniform”, sources said, adding “keeping in view all these aspects there is a need to devise adequate safeguards to regulate the functioning of private security agencies in the State”.
It is pertinent to mention here that Government of India enacted the Private Security Agencies (Regulation) Act, 2005 and accordingly advised all the States and Union Territories to establish the requisite framework to make the law operational. Since this Act was not applicable to J&K, the issue of enacting an appropriate legislation on the analogy of the Central Law was examined in the Home Department and accordingly a Draft Bill was prepared in the year 2013.
The Draft Bill was introduced in the State Legislature but it had to be referred to the Select Committee in view of concerns expressed by the Legislators. Though the Select Committee deliberated upon the Draft Bill but its proceedings remained inconclusive and Bill eventually lapsed with the completion of the term of the 11th Legislative Assembly.
Recently, the Union Government conveyed its concern over inordinate delay in the enactment of the Legislation on the vital issue and accordingly the Home Department again started the exercise. Since the Legislature is not in session, the Home Department, which comes under Chief Minister, Mufti Mohammad Sayeed, decided to adopt the Ordinance route.
The Draft J&K Private Security Agencies (Regulation) Ordinance, 2015, which has already been vetted by the Law Department, was placed before the State Cabinet and accordingly the same received the approval. “Now, the Draft Ordinance would be placed before the Governor for its promulgation so that hawk’s eye is maintained on the activities of the private security agencies”, sources said.
Following promulgation of the Ordinance, a Controlling Authority would be appointed to regulate the functioning of the Private Security Agencies including their registration and licensing. “Stringent conditions have been proposed in the Ordinance for obtaining and renewal of license(s)”, sources said, adding “Ordinance would explicitly explain the eligibility for being a private security guard”.
In the Ordinance, there would be provisions for cancellation and suspension of license, inspection of license, disclosure of information to un-authorized persons, penalty for un-authorized use of certain uniforms and offences by companies, sources said.
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