Shillong, Dec 14: The Meghalaya Residents’ Safety and Security Act (MRSSA), first legislated by the Congress-led coalition in 2016 and received the Governor’s assent in the same year, basically aims at providing a sense of security to the indigenous tribes by creating a system that would ensure undesirable persons are kept at bay from taking shelter in the state.
As a raging political debate over the original Act and it’s amended version of 2019 is making headlines, The Shillong Times attempts to decode the two for the benefit of the citizens:
According to the objective of the Act as laid out in the preamble, the original Act was enacted “to ensure enhanced security 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 tenants residing in rented houses in the state, to establish district task forces 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.”
Essentially, the MRSSA was the Congress government’s strategy to deal with pressure groups like the Khasi Students’ Union who had been demanding the implementation of the Inner Line Permit (ILP).
The crux of this Act is to ensure that only genuine Indian citizens can have access to rented accommodation after producing the following documents as per Clause 9 of the Act:
(a) A residential certificate from local authority of place of earlier residence in case of a person who was a tenant earlier and supported by a declaration typed in Rs 10 non-judicial stamp paper in Form A with two references of persons one of whom should belong to permanent residence of the tenant
(b) Copy of Electoral Photo Identity Card (EPIC) or ration card
(c) Two copies of recent passport sized photo of individual family members residing with him
(d) In case of a student, a certificate from the concerned educational institutions and student photo-ID card issued by school or college or university or educational institution where studying.
The Act shall not apply to any house or rental unit owned by central or state government or government undertaking or any other government establishment.
The operative part of the Act is that the local police station and local authority (Dorbar Shnong/ Waheh Chnong/ Nokma) shall maintain the database of all tenants residing in their jurisdiction. Once every quarter a copy of the database of tenants maintained at the local police station and the office of the local authority shall be submitted to the district task force which will submit it to the government every quarter.
The district task force and local police station shall maintain the list of local authorities within their jurisdiction.
Any landlord who intends to let out his/her home or rental unit on rent to a tenant shall obtain clearance from the local authority subject to renewal. The landlord will have to pay a fine of Rs 1000 if he/she fails to furnish the particulars to the local police station and local authority as required under the Act.
In case of existing tenants, the landlord and his tenant shall comply with all the provisions of this Act within six months of it coming into force.
In case the landlord/landlady defaults beyond six months he/she shall be punishable as prescribed under Section 176 IPC 1860. An offence under this Act is non-cognizable and bailable.
A tenant who furnishes false information shall be punishable under Sections 176 & 177 IPC, 1860.
A foreigner residing without valid documents shall be punishable under Section 14 of the Foreigners Act, 1946
Section 17 of the Act says that the government shall set up facilitation centres at entry into and exit points from the state as may be notified in the official gazette. The facilitation centres shall be under the general direction and control of the district task force.
The Act says entry and exit points are meant to facilitate entry of tourists or visitors to the state without causing any inconvenience. They are also meant to facilitate verification of identification documents where necessary in furtherance of safety and security of residents.
Further the Act says that the facilitation centre shall ensure that no Indian shall be put to inconvenience or restraint from or her rights as guaranteed under the Constitution of India.
What the Act does not specify is whether permanent non-tribal residents of Meghalaya who travel outside the state will also be treated as “visitors” on their return and arrival at the entry points to the state (facilitation centres).
Chief Minister Conrad Sangma had recently assured that permanent non-tribal residents would not be subjected to the Act.
Amended version
The Act was amended in 2019 through an Ordinance adding that “any person who is not a resident of Meghalaya and intends to stay more than 24 hours in the state will have to furnish documents to the government”.
The Ordinance will bring into effect Inner Line Permit (ILP) like requirements operational in Mizoram, Nagaland and Arunachal Pradesh that require people from outside the state to register before entering.
The revised version is applicable to people who are interested in visiting the state as tourists, labourers, business, education and other purposes.
A closer look at the Act shows that it is poorly drafted and replete with spelling errors.