Private Security Service Business Regulation Bill, 2071

Every living being strive for personal well being. People try their very best to be safe and protect themselves. Self preservation is one of the basic human instincts and due to which many laws regarding personal safety have been codified by way of various laws.

Security organizations ease pressure off from the government as they are, in a way, performing state function. These organizations also provide security at banks, malls and offices. Security organizations help mobilize human resource in a constructive way. The demand for private security is increasing rapidly with sprawling businesses. The organization providing private security is also increasing and must be regulated by law to make it organized and accountable.

If we read the Bill, we find that its provisions do not stipulate any qualification for establishment of the security services. Further, the Bills states that a person retired from Nepal Army or Nepal Police or Armed Police Force or defense personnel in other country can be employed by the security service agencies. This criterion is not clear whether non defense personnel can or cannot be employed by the security agencies. If non defense personnel can be employed then the type of training required before they are sent for duty for providing security.

The guidelines for the security agencies are also missing from the Bill. These guidelines while recruiting personnel and the mode of discharging their duty is also one of the important aspects that the Bill should regulate. The use of arms for protection must also be carefully checked by the State. The security personnel agencies must keep track of the weapons that they arm their personnel with and how they use them.

Again, disciplinary committee must be established to look into any misbehaviour or any wrongdoing of the employees of the security agencies. Further, the uniform of the employees of the security personnel must be distinct from that of army, police and armed police to avoid confusion.

The employees of security agencies must acquire training before being sent to provide protection. Further, the training must be provided on a regular basis to check their physical and mental capabilities. Periodic training will be a good check to employ only those persons who can actually protect people.

There should be a code of conduct for the agencies providing security. For instance, only female security personnel can check a female when doing a security check. Further, the way these security personnel must conduct their duty must be clearly stated in the code of conduct. The instance when physical force is to be used and instance where weapons can be used must be clearly stated in the code of conduct.

The government must maintain a detailed record of the arms and ammunitions being held by the security agencies, the number of employees and the places they are providing security.

Bipin Adhikari
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