Republished in Delhi Gazette

## Report on the Delhi Special Police Establishment Amendment Ordinance, 2021 **1. Executive Summary:** This report analyzes the Delhi Special Police Establishment Amendment Ordinance, 2021 (Ordinance No. 10 of 2021) based on the provided Government of India notification republished in the Delhi Gazette. This ordinance amends the Delhi Special Police Establishment Act, 1946, specifically concerning the tenure of the Director. The key change allows for extensions to the Director's initial appointment, up to one year at a time, based on the recommendation of a committee and recorded reasons, but limits the total tenure to a maximum of five years including the initial appointment period. The amendment likely aims to provide greater flexibility in retaining experienced leadership within the Delhi Special Police Establishment while also setting a firm limit on the extended tenure. **2. Introduction:** This report provides an informative overview of the Delhi Special Police Establishment Amendment Ordinance, 2021, based solely on the information contained within the provided government notification. The purpose is to analyze the key changes introduced by this ordinance and their potential implications. **3. Policy Overview:** * This is an amendment to the Delhi Special Police Establishment Act, 1946. * The core objective of the amendment, as inferred from the text, is to modify the conditions related to the tenure of the Director of the Delhi Special Police Establishment. **4. Background and Rationale:** The amendment addresses the tenure of the Director of the Delhi Special Police Establishment. The provided text suggests a need for flexibility in retaining a Director beyond their initial appointment. This might be due to the value of their experience or to ensure continuity in ongoing investigations or initiatives. However, the inclusion of a five-year limit indicates a simultaneous concern for ensuring turnover and preventing excessively long tenures. The rationale, therefore, seems to balance the benefits of experience with the need for periodic leadership changes. **5. Key Provisions / Changes:** The Delhi Special Police Establishment Amendment Ordinance, 2021 introduces the following changes to Section 4B(1) of the Delhi Special Police Establishment Act, 1946: * **Specific Part Changed:** Section 4B(1) of the Delhi Special Police Establishment Act, 1946, is amended. * **New Rule/Provision:** Two provisos are added to Section 4B(1): * The initial appointment period of the Director may be extended by up to one year at a time. This requires: * Recommendation from the Committee under subsection 1 of section 4B. * Reasons for the extension must be recorded in writing. * The extension must be in the public interest. * No extension can be granted after the completion of five years in total, including the period mentioned in the initial appointment. * **Difference/Effect of the Change:** Previously, the text suggests (although the original Act is not provided) that the Director's tenure might have been fixed or subject to different extension conditions. The amendment now allows for extensions under specific circumstances (committee recommendation, recorded reasons, public interest) but limits the total possible tenure to five years. This provides more flexibility than a fixed term while also preventing indefinite extensions. **6. Target Audience and Stakeholders:** Based on the provided text, the primary stakeholders directly affected by this amendment are: * The Director of the Delhi Special Police Establishment. * The Committee responsible for recommending extensions to the Director's tenure (referred to as "the Committee under subsection 1 of section 4B"). * The Delhi Special Police Establishment as an organization, as the leadership and operational continuity may be impacted. * Government of India, Ministry of Law and Justice Legislative Department, HOMEI POLICEESTABLISHMENT DEPARTMENT **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Committee under subsection 1 of section 4B is responsible for recommending extensions. The President of India promulgates the ordinance. The Lieutenant Governor of the National Capital Territory of Delhi republishes the ordinance. The Ministry of Law and Justice Legislative Department initially published the ordinance. * **Timelines/Procedures:** * Extensions can be granted up to one year at a time. * The text specifies that the extension requires a committee recommendation and recorded reasons. * The ordinance came into force "at once" (i.e., immediately). **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these specific changes are: * Increased flexibility in retaining experienced Directors when deemed beneficial for the Delhi Special Police Establishment. * Ensured accountability through the requirement of committee recommendations and recorded reasons for extensions. * Prevention of excessively long tenures by establishing a maximum limit of five years (including the initial appointment period). * Potentially, a more efficient and effective Delhi Special Police Establishment due to the ability to retain capable leadership while also ensuring periodic turnover. **9. Conclusion:** The Delhi Special Police Establishment Amendment Ordinance, 2021, modifies the tenure provisions for the Director of the Delhi Special Police Establishment. It introduces flexibility by allowing extensions to the initial appointment, subject to specific conditions, while simultaneously imposing a five-year limit on the total tenure. This amendment reflects a balancing act between retaining valuable experience and ensuring periodic leadership changes, likely impacting the operations and effectiveness of the Delhi Special Police Establishment.

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