Thursday, October 17, 2024
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Rules impose burden on landlords and tenants

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SHILLONG: There will be heavy burden on landlords and tenants as per the Meghalaya Residents Safety and Security Rules notified by the government on Monday.
As per the rules, the existing tenant or a person entering the state for the first time with intention to rent a house or unit and reside in Meghalaya for employment or education or business or other purposes are required to furnish several documents under the sections of the Act to the landlord. The landlord has to submit the same to the local authority (traditional head) and the local police station having jurisdiction over the area where the rented house or rented unit is located.
The documents include a self-declaration affidavit in Form A with two references of respectable persons as specified in the Act.
There should be an affidavit to be typed on a Rs 10 non-judicial stamp paper. The person will be liable for penalties under sections 199 and 200 of the IPC if false information is given.
Particulars as required in Form B relate to the information regarding landlords.
Tenants have to submit copies of passport or electoral photo identity card or driving license or ration card or any valid identity card to landlords.
If the tenant is a student, a certificate from the educational institution concerned and student photo identity card issued by the school or college or university or educational institution where he or she is studying will have to be furnished.
Other requirements will be two copies of recent passport size photograph of himself and each individual family member and domestic help or other workers who are or will reside with him.
The rule says a tenant residing in the State who intends to rent a house or unit in another place or locality in the state will, in addition to the documents specified in sub-rule (1) will have to furnish to the landlord a residential certificate from the local authority (headman) of the place of his or her earlier residence as required in Section 9(1)(a) of the Act.
The residential certificate will be issued by the headman of the place where the tenant was earlier residing in the state after paying Rs 50.
The database of tenants will be maintained by the local police station and headman who is the local authority.
Every landlord desirous of obtaining clearance from the headman for letting out his house or rental unit as required under Section 7 of the Act will submit an application for the purpose in prescribed Form B specified in Section 9(2) of the Act and the headman will give acknowledgement of receipt of application to the landlord forthwith.
The landlord, along with Form B, will also enclose all the documents furnished to him by the existing or intending tenant.
The headman will decide the application within 15 days failing which clearance will be deemed to have been granted by him.
Decision of the headman will be communicated to the landlord in prescribed Form III A or Form III B appended to these rules as the case may be.
The local headman can either accept or reject the documents of the landlord but he has to cite the reason if he rejects the application.
A fee not exceeding Rs 50 may be charged by the headman for processing the application of the landlord.
There will be task forces in all districts as per the Act and the task force will be chaired by the DC and will have three officials and two non-official members.
The sitting fees for a non-official member of the District Task Force will be Rs 1,000 per sitting inclusive of all expenditures incurred for attending the meeting of the District Task Force subject to a maximum of Rs 5,000 per month.
The non-official member, if travelling for work of the District Task Force, will be entitled to travelling allowance as per entitlement to Grade-I officers of the Government of Meghalaya.

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