JK to regulate private security
Proposed Legislation To Be Tabled In Budget Session
Srinagar, Feb 20: The Jammu and Kashmir Government is likely to table a legislation for regulation of the private security agencies operating in the state in the upcoming Budget Session beginning February 28.
A bill titled “Jammu and Kashmir Private Security Agencies (Regulation) Bill 2011” would bring into force the legislation named “Jammu and Kashmir Private Security Agencies (Regulation) Act 2011.” It is being tabled by the State Home Department.
The legislation makes it mandatory that no person shall carry on or commence the business of private security agency unless he holds a license issued under the Act.
“An application for issuance of a license under the Act shall be considered only after due verification of the character and antecedents of the applicant,” the draft legislation reads.
As per the Act, the private security means security provided by a person or agency—other than a government agency, department or organization—to protect or guard any person or property. It also means a person or a body of persons—other than a government agency or department—engaged in the business of providing private security services including training to private security guards or their supervision or providing private security guards to any industrial or business undertaking, person, company or property.
According to sources, the legislation is being tabled in the wake of “rising number of private security agencies” in the state.
“Of late every person in Jammu and Kashmir is asking for security. There are a large number of people involved in the business of providing private security to people or business establishments. This makes it mandatory to regulate this commercial activity,” said a senior official in the Home Department, insisting not to be named. “This new Act would make it mandatory for the agencies, providing private security, to do the business after having a proper license. And it would also check the background of the person who intends to have the private security guards. The entire thing is a part of the police reformation programme.”
Sources said in the past there have been instances when the private security guards provided by different agencies failed to provide security or were guilty of gross negligence while performing the task. “If they do so again, the Act provides for cancellation of the license of the concerned agency,” they said.
As per the Act, a private security agency shall not employ or engage any person as a private security guard unless he is the permanent resident of the state, has completed 18 years of age but has not attained the age of 65 years and unless he satisfies the agency about his character and antecedents.
A private security guard should also have completed the prescribed security training successfully or completes the same within one year of his engagement.
“No person who has been convicted by a competent court or who has been dismissed or removed on the grounds of misconduct or moral turpitude while serving in any of the armed forces shall be engaged as a private security guard or supervisor,” the draft legislation reads.
The armed forces from which the selection by a private security agency includes Army, Navy, Air Force, Home Guards, Police or any other armed forces of the central government.
A private security guard and supervisor shall be issued a photo identity card by the concerned agency.
“All the private security guards and supervisors shall render necessary assistance to the police or to any other authority in the process of any investigation pertaining to the activities of that agency,” the Bill reads. CONTROLLING AUTHORITY
As per the Act, the government shall, by notification, designate an officer not below the rank of Additional Secretary to the government, to be the Controlling Authority for the purposes of the Act.
Lastupdate on : Sun, 20 Feb 2011 21:30:00 Makkah time
Lastupdate on : Sun, 20 Feb 2011 18:30:00 GMT
Lastupdate on : Mon, 21 Feb 2011 00:00:00 IST
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