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Ordinance ignores visitors, harps on security of residents

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Regulation on tenants or other persons residing in rented houses

SHILLONG: The Meghalaya Residents Safety and Security (Amendment) Ordinance, 2019 passed by the cabinet on November 1 does not speak about the safety of the visitors.
The copy of the ordinance as forwarded to the Governor and available with The Shillong Times only mentions about the safety of the residents.
The state government had in the past justified the ordinance by saying that this will ensure the safety of the visitors.
The two-page ordinance says that the statement of object and reasons of the Principal Act, 2016 will be substituted by “An Act to ensure enhanced security of the state, vetting of the tenants and to ensure the safety and security of the citizens of the state by preventing anti-social elements from gaining shelter in the state which might be detrimental to peace and tranquility, to maintain public order and peace, to verify and regulate the entry of persons to Meghalaya and also to regulate the tenants or any other persons residing in rented houses or any other places in the state, to establish District Task Force and facilitation centres, to facilitate effective enforcement of various laws for safety and security of the citizens and for matters connected therewith or incidental thereto.”
The ordinance further amends the Meghalaya Residents Safety and Security Act, 2016 (Act. No 6 of 2016) which is the Principal Act.
The ordinance approved by the cabinet said since the Assembly is not in session and the ‘Governor is satisfied that circumstances exist which render it necessary for him to take immediate action, now therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution, the Governor of Meghalaya is pleased to promulgate in the Seventieth Year of the Republic of India the ordinance’. However, the governor has not given approval to the ordinance.
The ordinance will come into force when the state government notifies it in the official gazette after getting nod from the governor.
The ordinance goes beyond mentioning about checking tenants and adds words regarding checking of any other persons not only in the houses but also anywhere in the state.
The new section of the ordinance, “Any person who is not a resident of Meghalaya and intends to stay for more than 24 hours in the state of Meghalaya shall furnish information in the manner prescribed under the Rules”. However, the provision will not apply to persons belonging to central government, state government or local or other authorities.
Any person who wilfully fails to furnish information or provides false information as required under the new section will be liable to be punished under section 176 and/ or 177 of the Indian Penal Code, 1860.
The punishment section was also added in the ordinance after amending relevant section of the Principal Act.

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