Act 028 of 2014 : Delhi Special Police Establishment (Amendment) Act, 2014

Preamble

Delhi Special Police Establishment (Amendment) Act, 20141

[Act 28 of 2014][29th November, 2014]

An Act further to amend the Delhi Special Police Establishment Act, 1946

Be it enacted by Parliament in the Sixty-fifth Year of the Republic of India as follows-

1. Received the assent of the President on November 29, 2014 and published in the Gazette of India, Extra., Part II, Section 1, dated 29th November, 2014, pp. 1-2, No. 34

SOR Statement of Objects and Reasons

Statement of Object and Reasons.-Section 4-A of the Delhi Special Police Establishment Act, 1946 (25 of 1946), as amended by the Lokpal and Lokayuktas Act, 2013 (1 of 2014), provides for a Committee for recommending a panel of officers to the Central Government for appointment of the Director of the Delhi Special Police Establishment. As per the existing provision in clause (b) of sub-section (1) of Section 4-A, the Leader of Opposition in the House of the People is one of the Members of the said Committee.

2. In the absence of a provision as to how the selection may be made when there is no Leader of Opposition recognised as such in the House of the People, it is considered appropriate to amend clause (b) of sub-section (1) of Section 4-A of the Delhi Special Police Establishment Act, 1946 and make enabling provision for inclusion of the Leader of the single Largest Opposition Party in the House of the People as a Member of the said Committee. Keeping in view the legislative practice followed in this regard, it is proposed to provide that no appointment of a Director shall be invalid merely by reason of any vacancy or absence of a Member in the Committee.

3. The Bill seeks to achieve the aforesaid objects.

Section 1. Short title

1. Short title.-This Act may be called the Delhi Special Police Establishment (Amendment) Act, 2014.

Section 2. Amendment of Section 4-A

2. Amendment of Section 4-A.-In the Delhi Special Police Establishment Act, 1946 (25 of 1946), in Section 4-A,-

(a) in sub-section (1), for clause (b), the following clause shall be substituted, namely-

"(b) the Leader of Opposition recognised as such in the House of the People or where there is no such Leader of Opposition, then, the Leader of the single largest Opposition Party in that House - Member;";

(b) after sub-section (1), the following sub-section shall be inserted, namely-

"(2) No appointment of a Director shall be invalid merely by reason of any vacancy or absence of a Member in the Committee.".