Guv deciding factor before notification
SHILLONG: Though the cabinet on November 1 approved an ordinance on Meghalaya Residents Safety and Security Act to regulate the movement of visitors, the state government has to clear several hurdles before the Act becomes a reality.
An official with the Political department said on Wednesday that after the chief secretary examined the ordinance, it was sent back to the chief minister. Hence, the government has not yet issued the ordinance.
According to the official, the ordinance will be issued only after the approval of the governor.
The official added that the government will have to send the ordinance to the governor for approval following which it will be notified in the official gazette.
However, sources said the governor may or may not approve the ordinance and he can also pose queries as to the constitutional provision of free movement of people in any part of the country without any restrictions.
According to sources, notification of several rules and ordinances were delayed in the past as governors had taken more time to consult legal experts besides the Advocate General.
There were times when the governors had even consulted Union Home Ministry before giving nod to bills and ordinances.
After the approval of the ordinance, since its life will be only six months, the Assembly will have to pass it in March next year.
Congress position
Congress Legislature Party leader Mukul Sangma has already rejected the amended Meghalaya Residents Safety and Security Act as he wanted the Act of 2016 to be implemented in the state.
When the matter is brought to the Assembly, there might be divided opinion since Mukul will insist for the Residents Act of 2016.
In a scenario where there will be divided opinion, an option before the government will be to send it to a select committee of the Assembly.
However, looking at the urgency of the matter, the government may go ahead with passing the amended Act in the Assembly as the NPP-led MDA enjoys a comfortable majority with 41 legislators.
Ambiguities
During the press conference to announce the cabinet decision on the ordinance, Deputy Chief Minister Prestone Tynsong said that non-tribals who are permanent residents of the state will not come under the purview of the amended Act.
However, he did not explain the definition of a ‘permanent non-tribal’ resident.
Another provision is that the amended Act will not apply to the employees of the central and state governments and the local authorities, according to Tynsong.
However, the deputy chief minister did not speak on the status of children of the government employees and students from other states.
Another ambiguity is that the registration can be done online and at the same time there is confusion as to who will be the authority to clear the applications and how long will one have to wait for both online and offline clearance.
Duplication of registration
Chief Minister Conrad Sangma had said that the registration process for the visitors will be like registration of tourists in a hotel.
However, some tourists have argued as to why they should register twice while visiting Meghalaya — once under the new Act and again at the hotel.
Tynsong had announced one proviso under Section 4 (a) of the amended act which states that any person who is not a resident of Meghalaya and intends to stay for more than 24 hours in the state should furnish information in the manner prescribed under the rules.
Manpower shortage
The state government has already admitted that there will be shortage of manpower to implement the provisions of the Act when it is actually notified.
Every district will have to form task forces with adequate number of enforcement authorities, including police personnel.
The government is expected to increase the manpower in the district task forces.
Tynsong had already informed that the deputy commissioners and SPs need to be more proactive.
There may be delay in the implementation of the Act as the draft rules will have to be framed.
The government plans to redraft the rules to make it simple besides making the procedure short.
Problem of transit state
The deputy chief minister did not explain the problems of the visitors travelling to other states like Mizoram, Tripura and Assam taking transit though Meghalaya.
Shillong is the transit route to Barak Valley, Mizoram and Tripura and the people from these areas also use the capital city of Meghalaya to reach Guwahati. There is lack of clarity as to whether the visitors using the transit route should also register in Meghalaya.