State Govt notifies Tenancy Bill, seeks public views
SHILLONG: Government will disconnect all the essential services including water connection, electricity and other civic services which a house or rental unit is entitled to if the landlord does not provide the details of the tenants to the police station as per the proposed Meghalaya Regulation of Landlords and Verification of Tenants Bill, 2013.
The Bill, however, provides a provision that no essential services will be withdrawn without the landlord being heard. Moreover, once the landlord provides particulars of the tenant, the essential services which were earlier withdrawn, should be restored to the landlord.
According to the Bill, any landlord or tenant or both who intentionally fail to furnish the information as required under the Act or furnish false information under the Act will be punished under Section 176 and 177 of Indian Penal Code, 1860 or any other law in force.
Moreover, any foreigner, who is a tenant, and does not comply or furnishes false information, shall be punishable under Section 14 of the Foreigners Act, 1946.
However, the Bill is silent on the aspect of house rent since the tenants are facing hardships due to the varied rates fixed by landlords.
The State Government on Thursday sought views and comments from all interested parties and stakeholders on the Bill which was posted at www.meghalaya.gov.in
According to Government, the Bill is aimed at providing a “framework for regulation of landlords and compulsory verification of the tenants so as to enhance the security of the citizens of the State and to prevent breach of peace and maintenance of public order”. As per the Bill, every landlord and tenant “shall legally be bound to furnish within thirty days of letting out or occupying the house or rental unit, many documents to the Police Station and Local Authority (traditional institutions) under whose jurisdiction the area falls.
The documents include a residential certificate supported by affidavit in Form-A, where the tenant previously resided; a copy of election photo identity card or driving license or ration card or passport or permanent account number card; two copies of recent passport size photographs of each individual family member of the tenant residing with him; copy of registration in case of labour and trading licence in case of trade:
The proposed Bill is stringent as an affidavit needs to be sworn in by both by the landlord and tenant before the first class judicial magistrate for declaring the earlier residence of a tenant and his current place of stay in the presence of an advocate.
While the persons employed in Government undertakings will furnish employment certificate, transfer order or appointment order or office identity card, for a student, a certificate from the concerned educational institution or identity card of the school or college or university or educational institution is necessary.
As per the Bill, Government will constitute a body to be known as the District Task Force in each district to exercise powers conferred on it and Force shall consist of Deputy Commissioner as the Chairperson; three members from among the officials of the district, one of whom will be from the police department not below the rank of Additional Superintendent of Police and one from the district Labour office, to be appointed by the Government by a notification in the Official Gazette; two non official members, one of whom may be a representative from the traditional bodies to be appointed by the Government by a notification, Additional Deputy Commissioner or Extra Assistant Commissioner of the concerned district shall be the Secretary of District Task Force.
The Police Station and Local Authority will maintain database for strict enforcement of the provision of the Tenancy Act and it will be binding on them to submit a quarterly report to the District Task Force.
Any landlord who intends to let his house or rental unit to be used for tenancy shall obtain a onetime clearance from the local authority. A police officer of the rank of Officer-in-Charge of the Police Station having jurisdiction and the local authority will have the power to jointly verify the credentials of any tenant if further so required.