Shillong, Aug 29: The state government is awaiting the response from Centre on its recent letter reiterating that the Meghalaya Residents Safety and Security (Amendment) Bill, 2020 is ‘constitutionally valid’ and in no way restricting the free travel in the state.

At the same time despite keeping in abeyance the setting up of facilitation centres following court orders, the government is implementing the other provisions of the original MRSSA, 2016 that deals with verification of tenants. So far, 16 localities have begun implementation of the orginal Act.

This was informed by deputy chief minister in-charge Home, Prestone Tynsong, while replying to a resolution moved by TMC leader and former chief minister Mukul Sangma in the Assembly on Thursday.

The resolution, which was later withdrawn, seeks to urge the government for operationalization of the MRSSA, 2016 as per the mandate of the principal Act in the best interest of the state.

The Ministry of Home Affairs (MHA) vide letter dated June 16, 2023 has informed the state government in law department that “the proposed amendment in the Bill appears to have outreached the original intent of Meghalaya Residents Safety and Security Act, 2016 (MRSSA) by seeking details of all persons (rather than only tenants already residing in the state) entering into the state and providing for punishment for not doing so. The proposed amendment Bill appears to be in violations of Article 19 (1) (d) and (e) of the Constitution”. As such, has sought clarifications on the above observations from the state government and also suggested that the state government may consider revisiting the Bill.

Tynsong informed that the state government has responded to the above observations vide letter dated February 21, 2023 whereby the state government has stated that the Bill is constitutionally valid and that it does not violate Article 19 of the Constitution but that the proposed amendment seeks to strengthen the MRSS Act.

“Further vide DO dated August 14, 2024, another letter was sent to the Union Home Secretary by the Chief Secretary reiterating the constitutional validity of the Amendment Bill and that the amendment is in no way a restriction to free travel in the state but only seeks information to be maintained by the state which is in pursuance of the restrictions that are permissible under Article 19 (5) of the Constitution,” he said while informing that the state government is awaiting the response from the Ministry of Home Affairs, Government of India.

“Hence, the state government has already operationalized the relevant portions of the Act on verification of tenants and formation of the District Task Force in all districts. I am thankful to the localities in Shillong, who have come forward and registered and also to those who started implementing the Act by causing verification of the tenants. I am confident that now we can take the process forward and activate the process in other districts through the District Task Force,” the deputy CM further added.

Tynsong informed that the matter of the Meghalaya Residents Safety and Security (Amendment) Bill, 2020 which has been reserved by the Governor for the consideration of the President is also being followed up with the MHA.

“We have already sent a detailed reply and the matter has also been followed up by the Chief Minister during his meeting with the Union Home Minister recently in Delhi on July 15, 2024,” he said.

Further, Tynsong informed that the state government had kept in abeyance notifications dated December 17, 2020 for setting up of Facilitation Centres at entry-exit points – at Umling in Ri Bhoi, Shillong Airport at Umroi Airport and Mendipathar railway station in North Garo Hills – following orders passed by the Meghalaya High Court in respect to a PIL challenging the validity of the MRSSA, 2016.

The order of the Meghalaya High Court on December 2, 2021 which states that “it is made clear that the apparent omnibus charter conferred by the impugned statute without indicating any parameters for restricting or regulating the entry or movement of Indian citizens into and within the state may be not exercised.”

“In pursuance of the High Court order dated December 2, 2021 and for compliance of the orders of High Court, the notifications issued dated December 17, 2020 for setting up of Facilitation Centre were kept in abeyance until further order,” he said while adding that due to the then Covid-19 pandemic, the facilities at Facilitation Centres at Umling in Ri Bhoi District, Shillong Airport at Umroi, Ri Bhoi and Mendipathar railway station, North Garo Hills District were handed over to the Health & Family Welfare department for use as Covid-19 screening centres.

He said even though the government to keep in abeyance the setting up of the Facilitation Centres due to the orders of the Meghalaya High Court, the process of implementation of the other provisions of the Act were not kept in abeyance and the government went ahead with the implementation of the provisions that deal with the verification of the tenants.

Sections 6,7,8,9 and 10 of the Act provide for the verification of the tenants and maintenance of the database of tenants under the overall supervision of the District Task Force.

To streamline the registration process mandated by the MRSSA and to ensure that there is a database of tenants, the government launched an online portal on September 8, 2022, accessible at https://megrssa.nic.in. The stakeholders who can the web portal are – tenants, landlords, sub-localities, localities (rangbah shnong), police stations and district task force.

The online portal was created to facilitate the maintenance of databases that can be accessed by the various authorities as per the mandate of the Act.

The online portal was implemented on pilot basis in seven localities under East Khasi Hills District viz Nongrim Hills, Pohkseh, Nongrah, Nongmensong, Lapalang, Riat Laban and Wahdienglieng.

Shillong in East Khasi Hills was chosen as being the capital city, it has the presence of tenants who are living here and working in various central government and private sector establishments.

The implementation was done after detailed discussion and agreement with the respective local dorbar shnong. 18 hands-on trainings on the usage of the MRSSA portal was also conducted by the deputy commissioner, East Khasi Hills in various localities.

As per section 3 of the Act, tenants are supposed to furnish information of their occupation of a rented house to the local authority and the police. Section 7 of the Act, “Any landlord who intends to let his or her house or rental unit on rent to a tenant, he or she shall obtain clearance from the local authority subject to renewal.”

Hence, as seen from this section the local authority that is the headman or rangbah shnong or the dolloi or nokma play a very important role in the process of verification of tenants.

Further, Tynsong informed that as of date, 87 localities and 177 sub-localities of East Khasi Hills have been registered in the MRSSA portal.

“Out of these, 16 localities have begun implementation of the Act. As on date 183 tenants have registered in the portal,” he said while adding that apart from the district task force of East Khasi Hills, several meetings were also held by the district task forces in all the districts for implementation of the MRSSA, 2016.

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