Hotels, restaurants, discotheques in Capital no longer need to approach Delhi Police for NOCs. Here's why
Owners of establishments such as hotels, eateries, discotheques, amusement parks, and auditoriums in the Capital will no longer need to approach police for permission or No-Objection Certificates (NOCs) to run their operations.
In a recent order, Delhi Lieutenant Governor (L-G) Vinai Kumar Saxena has withdrawn the sanction power of the Delhi Police in such matters. The Delhi Police's licensing branch will now only deal with the grant or sanction of arms licences and licence for explosives, the order stated.
In the June 19 order that was circulated on Sunday, L-G Saxena stated, '…in exercise of powers under section 28 (2) read with section 4 of Delhi Police Act, 1978, I hereby withdraw the sanction granted to Commissioner of Police, Delhi, for issuance of regulations under Section 28 (1) of the Delhi Police Act, 1978, covering the seven activities mentioned at Para 1.'
These include hotels, swimming pools, eating houses, discotheques, video game parlours, amusement parks, and auditoriums.
In his order, the L-G directed the Commissioner of Police to issue a notification 'repealing the said regulations with immediate effect'. The order further said, 'The repeal notification shall be given wide publicity by Delhi Police and Home Department.'
The order noted that the Centre, with an intention to achieve the motto of 'minimum government and maximum governance', has taken up an initiative to reduce multiple licensing regimes, being followed in different states and Union Territories (UTs), and requested simplifying licensing procedures.
Citing two court orders, L-G Saxena said the Delhi High Court, in a 2003 judgment pertaining to Uphaar Cinema tragedy, had recommended that 'Delhi Police should only be concerned with Law and Order, and entrusting of responsibility of licensing on the police force is an additional burden…'
Citing a Supreme Court judgment that affirmed the recommendations of the HC, the L-G said it had also suggested that 'the existing system of police granting licences should be abolished'.
According to L-G Saxena, a committee under the chairmanship of the then Additional Chief Secretary (Home), with officers of Delhi Police, Law and IT Department of Delhi government as members, was constituted to look into the entire gamut of licence/NOCs/permissions, being granted by the licensing branch, and their relevance in the changed scenario. The L-G's order stated that while observing that Delhi Police is facing shortage of staff, it was recommended that the force 'be relieved of the responsibilities of regulating licences in the respect of seven trades.'
Noting that authorities such as the Municipal Corporation of Delhi (MCD), New Delhi Municipal Council (MCD) and Cantonment Board have also framed regulations for trade activities, the L-G's order stated that 'overlapping of regulations issued under Delhi Police Act, 1978, and Municipal Laws, by multiple authorities…is impinging the overall ease of doing business.'
L-G Saxena said some 'progressive states', like Gujarat, Karnataka, Maharashtra and Goa, have already done away with the requirement of licences from police for these trade categories.
Before issuing the order, L-G Saxena had examined the matter in terms of section 21 of the General Clauses Act, 1897, in consultation with the Law Department of the Delhi government, and found that 'he is well within his powers to direct the Commissioner of Police to rescind the relevant regulations'. According to the licensing unit's website, 'A need was felt to regulate public places like hotels/guest houses, eating houses, cinema halls, auditoriums, swimming pools, amusement parks etc, which receive frequent and heavy foot falls, from Law & Order, public convenience, safety and traffic management point of view… various provisions relating to licensing and registration of such entities were made in the Delhi Police Act-1978.'
It further stated, '…This regulatory mechanism has stood the test of time and proved to be best suited for serving the citizens of Delhi. Certain powers, which were earlier vested with the District Magistrate, were transferred to the Commissioner of Police under Section 146 of The Delhi Police Act 1978… Licensing Unit has emerged today as one of the important 'Image Hubs' of Delhi Police.'
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