DP'S LICENSING POWER SHIFTED TO DELHI GOVT

[avi88]

DP'S LICENSING POWER SHIFTED TO DELHI GOVT

Friday, 27 September 2013 | Rajesh Kumar | New Delhi
After over three decades of heartburn for denial of control over the Delhi Police — which reports to the Centre — the Delhi Government has been given licensing powers which were held by the Delhi Police.

Now the Delhi Government will be the final authority for the issue of licences for gun, opening of hotels, motels, public performances, eating joints, cinemas, theatres, temporary fireworks, hookah bars, and swimming pools.

The Ministry of Home Affairs (MHA) has directed the Delhi Police and the Delhi Government to work out a mechanism for transfer of licensing power to the State Government. In a communication to the Delhi Government, the MHA has asked the Government to outline the alternative mechanism for licensing.

The MHA has proposed an amendment to the Delhi Police Bill 2013 to take away the licensing power from the Delhi Police. The Bill is currently under consideration of Ministry of Law. Recently, the MHA transferred from the Lieutenant Governor all financial powers pertaining to non-plan expenditure in policing to the Delhi Police.

Divisional Commissioners of Delhi, who hold the power akin to district magistrates, provide permissions for opening of cyber café, society registration, helicopter landing, disaster management plans of various institutions, digging of borewell, certificate for prenatal diagnostic centres.

The document accessed by The Pioneer states that the Delhi Police has over the years indulged in unrestricted use of the provisions under section 28 of the Delhi Police Act 1978, which grants licensing powers to the Delhi Police. It is proposed that a separate administrative structure for the licensing branch would be set up in the office of the Principal Secretary (Revenue)-cum-Divisional Commissioner, wherein applications for licences would be received and processed online. Eventually, the work would be decentralised to the respective districts headed by the Divisional Commissioner. A multi-agency body, including Delhi Fire Services, Delhi Disaster Management Authority, Delhi Police, Labour department, Excise department, MCD, DPCC, SDM — would be responsible for examining the applications and grant of licences through the DCs concerned,” the document said.

In outlining the alternative mechanism for licensing work, the Delhi Government has conveyed to the MHA that it is “fully geared to take over the licensing functions”.

The Government has been arguing the “illegality” of the automatic grant of all magisterial powers to the police through Section 146 of the Delhi Police Act of 1978. According to the Act, the Commissioner of Police delegates “his functions as District Magistrate to any DCP or Additional DCP”. The Government argues that there are several provisions in the existing Delhi Police Act that “not only negate the principle of separation of judiciary from the executive, but also strike a devastating blow to the concept of rule of law”.

[rahulbdelhi]

That's interesting news. But I am wondering what would happen to the cases who have already applied for arms license or whose appeals are pending with the LG.

[dc_newbie]

Sounds like this is still in Bill stages and yet to be passed. But if it does get passed I hope the process addresses pending cases. Also things like will police still be in charge of verification like in passport applications and weapons inspections at the time of renewal.

That's interesting news. But I am wondering what would happen to the cases who have already applied for arms license or whose appeals are pending with the LG.

[avi88]

That's interesting news. But I am wondering what would happen to the cases who have already applied for arms license or whose appeals are pending with the LG.

I believe before handover to the new body they will need to clear backlog first or new may takeover the same office.

[avi88]

Sounds like this is still in Bill stages and yet to be passed. But if it does get passed I hope the process addresses pending cases. Also things like will police still be in charge of verification like in passport applications and weapons inspections at the time of renewal.

That's interesting news. But I am wondering what would happen to the cases who have already applied for arms license or whose appeals are pending with the LG.

Seems its been approved that powers are getting transferred to delhi govt but bureaucratic elements has to sort out in their own language to cover themselves.