Meghalaya Residents Safety and Security Rules, 2017

Postal Registration No. N. E.—771/2006-2008 The Gazette of Meghalaya EXTRAORDINARY PUBLISHED BY AUTHORITY No. 148 Shillong, Monday, August 14, 2017 23rd Sravana, 1939 (S. E.) PART-IIA GOVERNMENT OF MEGHALAYA POLITICAL DEPARTMENT NOTIFICATION The 14th August, 2017. No.POL.161/2012/PT-III/169. - In exercise of the powers conferred by sub-section (1) of Section 20 of the Meghalaya Residents Safety and Security Act, 2016 (Meghalaya Act No.6 of 2016), the Governor of Meghalaya is pleased to make the following Rules, namely: THE MEGHALAYA RESIDENTS SAFETY AND SECURITY RULES, 2017 1. Short title, extent and commencement. – (1) These Rules may be called the Meghalaya Residents Safety and Security Rules, 2017. (2) They extend to the whole of Meghalaya. (3) They shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of these Rules. 2. (1) Definitions. – In these Rules, unless there is anything repugnant to the context,- (a) “Act” means the Meghalaya Residents Safety and Security Act, 2016 (Meghalaya Act No.6 of 2016); (b) “District Task Force” means the task force constituted under Section 5 of the Act as defined under clause (b) of Section 2 of the Act; PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1048 (c) “existing tenant” means all tenants residing in rented houses prior to or at the commencement of this Act and also those covered under the existing Tenancy law in force and such land on rent or lease for the purpose of residing or any commercial activity by person other than owner of the land as defined under clause (c) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016; (d) “Facilitation Centre” means a centre established under Section 17 and includes any other Centres notified by the Government under this Act as defined under clause (d) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016; (e) “Government” means the State Government of Meghalaya; (f) “Landlord” means a person or a group of persons, or a firm or a company and the like, who is the owner of a house or rental unit that has been rented or lease out to a tenant and shall include his successor-in-interest or assignee as defined under clause (f) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016; (g) “Local Authority” means traditional tribal bodies which includes Nokma, Sordar, Syiem, Sirdar (Sardar), Doloi, Wahehshnong, Wahadar, Lyngdoh and Rangbah Shnong of Garo Hills, Khasi Hills and Jaintia Hills, or any other such body constituted as per the tradition, customs and practices in the tribal areas and other authorities which may be notified by the Government or the Deputy Commissioner of the District concerned in the Official Gazette as defined under clause (g) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016; (h) “relative or member of family” means members of a family and includes husband, wife, father, mother, mother’s brother, son, daughter, including step-son, step-daughter, adopted daughter, adopted son as defined under clause (i) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016; (i) “rented house or rented unit” means any building, apartment, permanent or temporary settlement, colony of industrial workers or miners or labourers or construction workers and such like, hut or shed, such land on rent or lease for the purpose of residing or any commercial activity by person other than the owner of the land or any part thereof, let for residential or non-residential purposes as defined under clause (j) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016; (j) “State” means the State of Meghalaya; and (k) “tenant” means any person who uses or occupies a house or rental unit on payment of rent and includes relatives or members of family, PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1049 successor to a tenant as defined under clause (l) of Section 2 of the Meghalaya Residents Safety and Security Act, 2016. (2) An expression used in the Rules but not defined shall have the same meaning as is assigned to it in the Act. 3. Documents to be furnished by Tenant. - (1)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 required to furnish documents under Section 3 read with Section 9 of the Act shall submit the following documents to the Landlord to enable the Landlord to submit to the Local Authority and the local Police Station having jurisdiction over the area where the rented house or rented unit is located,- (a) Self-declaration affidavit in Form A with two references of respectable persons as specified in Section 9(1)(a) of the Act; (b) Particulars as required in Form B as per Section 9(2) of the Act; (c) Copy of any one of the following documents i.e. Passport or Electoral Photo Identity Card or Driving licence or Ration Card or any valid identity card; (d) if a student, a certificate from the concerned educational institution and student photo identity card issued by the school or college or university or educational institution where he or she is studying; (e) two copies of recent passport size photograph of himself and each individual family member who are or will be residing with him; and (f) two copies of recent passport size photograph of domestic help or other workers who are or will be residing with him: Provided that this shall not apply to a person entering the State solely as a tourist. (2) A tenant residing in the State who intends to rent a house or unit in another place or locality in the State shall, in addition to the documents specified in sub- rule (1) above, furnish to the landlord a residential certificate from the Local Authority of the place of his earlier residence as required in Section 9(1)(a) of the Act. 4. Issue of residential certificate by the Local Authorities. - (1) The residential certificate under Section 9(1)(a) of the Act shall be issued in Form I appended to these Rules by the Local Authority of the place where the tenant was earlier residing in the State. (2) The Local Authority may charge a fee not exceeding Rupees fifty for the issue of residential certificate: PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1050 Provided that the rate of fees under this sub-rule may be revised by the Government from time to time by notification. 5. Sitting Fees and travelling allowance to the non-official members of the District Task Force. - The sitting fees and the travelling allowances for the non-official members under Section 5(4) of the Act shall be as follows, - (1) The sitting fees for non-official member of the District Task Force shall be Rupees One Thousand per sitting inclusive of all expenditures incurred for attending the meeting of the District Task Force subject to a maximum of Rupees Five Thousand per month: Provided that the sitting fees under this sub-rule may be revised by the Government from time to time by notification. (3) The non-official member of the District Task Force while performing journey in connection with the work of the District Task Force shall be entitled to travelling allowance as per entitlement to Grade – I officers of the Government of Meghalaya. 6. Creation of Database. – The database of tenants under sub-section (1) of Section 6 of the Act shall be maintained by the local police station and Local Authority as prescribed in Form II appended to these Rules. 7. Clearance from Local Authority. – (1) Every landlord desirous of obtaining clearance from the Local Authority for letting out his house or rental unit as required under Section 7 of the Act shall submit an application for the purpose in prescribed Form B specified in Section 9(2) of the Act and the Local Authority shall give acknowledgement of receipt of application to the landlord forthwith. The landlord, along with Form B, shall also enclose all the documents furnished to him by the existing or intending tenant under Rule 3. (2) The Local Authority shall decide the application within a period of 15 (fifteen) days failing which clearance shall be deemed to have been granted by the Local Authority. (3) Decision of the Local authority shall be communicated to the landlord in prescribed Form III A or in Form III B appended to these Rules as the case may be. (4) The landlord shall give a copy of the decision of the Local Authority to the tenant or person intending to be tenant. (5) A fee not exceeding Rupees fifty may be charged by the Local authority for processing the application of the landlord: PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1051 Provided that the rate of fees under this sub-rule may be revised by the Government from time to time by notification. 8. Procedures to be followed at the Facilitation Centre. – The following procedures shall be followed at the Facilitation Centre established under Section 17 of the Act,- (1) Each Facilitation Centre shall have an officer in-charge who shall be designated by the District Task Force and conferred with the powers of the Executive Magistrate by the Government. The Officer in-charge shall be assisted by officers of Police Department and Tourism Department and such other departments as the District Task Force may deem necessary. (2) Every person intending to transit through the entry point shall fill up an application in Form IV appended to this Rule and submit the same along with proof of identity as mentioned in sub-rule (3) of this Rule to the officer in-charge of the Facilitation Centre: Provided that the words “every person” under this sub-rule shall not be construed to mean and include the following persons,- (a) who has been residing permanently in the State of Meghalaya and includes his or her relative or members of family as defined under clause (i) of Section 2 of the Act; (b) who is employed under the State Government or the Union Government as the case may be either on deputation or transfer and either temporarily or contractually and includes his or her relatives or members of family as defined under clause (i) of Section 2 of the Act; and (c) who is employed under a Board, Corporation, Society or Organisation partly or wholly owned by the State Government or the Union Government as the case may be and includes his or her relatives or members of family as defined under clause (i) of Section 2 of the Act. (3) Any of the following documents shall be submitted as proof of identity for purposes of sub-rule (2) of this Rule, – (i) Passport; or (ii) Electoral Photo Identity Card; or (iii) Driving License; or (iv) Identity Card issued by Central, State Government or Educational Institution; or (v) Any other documents that would facilitate the establishment of identity of a person (e.g. PAN Card, Ration Card, Professional Registration Certificate, etc). PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1052 (4) The documents submitted by the applicant intending to transit through the entry point shall be electronically scanned by the receiving officer at the Facilitation Centre and the original documents shall be returned to the applicant. (5) An acknowledgement receipt of the application shall be handed over to the applicant with seal, date and signature of the receiving official and the person shall be allowed to proceed through the entry point. (6) The officer in-charge of the Facilitation Centre shall forward a copy of the filled in entry Form IV as appended to this Rule to the concerned District Task Force under whose jurisdiction the person entering the State intends to visit or stay. (7) The acknowledgement receipt referred to in sub-rule (5) of this Rule shall be returned by every person referred to in this Rule to the concerned Facilitation Centre at the time of his or her exiting the State. (8) The Facilitation Centre shall make necessary entry in its records of such exit and communicate electronically to the issuing Centre of Entry. (9) A data base for records of entry and exit shall be maintained at each Facilitation Centre. (10) The Facilitation Centre shall have adequate number of Help Desks as may be deemed necessary by the District Task Force for the convenience of the citizens visiting the State. (11) The District Task Force may put in place other mechanisms as may be deemed necessary to achieve the aims and objectives of the Act. 9. For checking of the foreigners. -Notwithstanding anything contained in Rule 8 of this Rule, in respect of foreigners, the officer of the Anti- Infiltration Directorate at the Facilitation Centre shall exclusively handle such matters in accordance with the provisions of the Foreigners Act, 1947. 10. Officers and employees of the Facilitation Centres. – (1) The Officer In- charge of the Facilitation Centre shall be a gazetted officer and the officer of the Police Department shall not be below the rank of Sub-Inspector of Police. (2)The officers and employees at the Facilitation Centre shall discharge their duties and functions under the overall supervision of the Chairperson of the District Task Force. 11. Powers of the Government to issue directions to the District Task Force and obtain reports and returns. – (1) Without prejudice to the provisions of the Act, the District Task Force shall in exercise of its powers and in performance of its functions under this Rule, be bound by such directions as the Government may issue from time to time. PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1053 (2) The District Task Force shall, from time to time, carry out inspection and monitor the rented houses or rented units. (3) The District Task Force shall furnish to the Government such periodic returns or other information with respect to its functions as the Government may, from time to time require. (4) The District Task Force shall prepare an Annual report at the end of every financial year indicating therein the description of all the activities of the District Task Force for the previous year. (5) The Annual report shall also indicate the violations of the provisions of the Act and the actions taken on such violations under sub-sections (5), (6) and (7) of Section 6 of the Act and the penalties imposed under Section 11 and Section 13 of the Act. (6) A copy of the report prepared under sub-rules (4) and (5) of this Rule shall be submitted to the Secretary of the Political Department. 12. Appeal. – (1) Any person or landlord, aggrieved by any decision or order of Local Authority may file an appeal to the District Task Force, within a period of 30 (thirty) days from the date of receipt of the decision of the Local Authority. (2) Any person, aggrieved by any decision or order of the District Task Force, may file an appeal to the Commissioner of Division within a period of 60 (sixty) days, from the date of receipt of the decision or order of the District Task Force. (3) The decision or order of the Commissioner of Division shall be final. Secretary to the Govt. of Meghalaya, Political Department. PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1054 Form I (see sub-rule (1) of Rule 4) TO WHOM IT MAY CONCERN No. Dated........ 20..... This is to certify that Shri/ Smti__________________________________ S/o/D/o ________________ age _________ years by profession _________________________ was/is residing at ___________________________________ (address) in Village/Town/City within the jurisdiction of __________________________________ P.S. ____________ District _____________________________________State from ___________________________ to __________________/ till date. This certificate is issued after I have satisfied myself with regard to the particulars of self-declaration submitted by Shri/Smti _____________________ vide Affidavit, dated_______ 20__made in Form ‘A’ along with particulars furnished in Form ‘B’ as provided under Section 9(1) (a) and Section 9 (2) of the Meghalaya Residents Safety and Security, Act, 2016(Meghalaya Act No. 6 of 2016). Name and signature of Local Authority Address of Local Authority Phone Number (Office Seal) PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1055 Form II (see Rule 6) Database of Tenants residing in (Locality name & place/address) N am e/ g en de r/ A ge o f t en an t N at io na li ty o f te na nt N am e of F at he r / M ot he r /S po us e of te na nt N am e of la nd lo rd , a dd re ss T el / M ob il e N o. T el M ob ile N o. E -m ai l of T en an t O cc up at io n of te na nt P er m an en t A dd re ss o f te na nt D oc um en ts p ro du ce d in su pp or t o f id en ti ty o f te na nt D at e of o cc up at io n as pr es en t t en an t P re vi ou s ad dr es s of te na nt N am e an d ag e of p er so ns re si di ng w it h te na nt th ei r re la ti on sh ip w ith te na nt R em ar ks PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1056 Form – III A (see sub-rule (3) of Rule 7) DECISION OF THE LOCAL AUTHORITY Whereas, in pursuance of the provision under Section 7 of the Meghalaya Residents Safety and Security Act, 2016, the Local Authority after careful examination of the documents furnished by Shri/Smti.______________- _______(landlord) of ____________________(address) and Shri/Smti__________________________________ (tenant/intending tenant) of _____________________________(address), for the purpose of renting a house or rental unit hereby decided to grant clearance. Now, therefore, accordingly, the clearance is granted by the Local Authority. Place. . . . . . . . . . . . . . . .. Date . . . . . . . . . . . . . . . . Chairman Name & address with seal of Local Authority PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1057 (see sub-rule (3) of Rule 7) DECISION OF THE LOCAL AUTHORITY Whereas, in pursuance of the provision under Section 7 of the Meghalaya Residents Safety and Security Act, 2016, the Local Authority after careful examination of the documents furnished by Shri/Smti.______________- _______(landlord) of ____________________(address) and Shri/Smti__________________________________ (tenant/intending tenant) of _____________________________(address), for the purpose of renting a house or rental unit hereby decided not to grant clearance. Now, therefore, accordingly, the clearance is not granted by the Local Authority for the reasons stated below. Reasons for rejection_______________________________________________________ Place. . . . . . . . . . . . . . . .. Date . . . . . . . . . . . . . . . . Chairman Name & address with seal of Local Authority PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1058 FORM IV [see sub-rules (2) & (6) of Rule 8] APPLICATION FORM TO BE FILLED IN BY PERSON ENTERING THE STATE OF MEGHALAYA Form No._________________ 1. Name(as in identity document): 2. Permanent address:_________________________________________________________ Police Station______________ Post Office______________ Mobile No.___________ 3. Date of Birth: *5.Details of person accompanying (in case of minor child/children only): Names Age Relationship Gender 6. (a) Identity Card Type..................... 6.(b) Identity Card No ....................... 7. (a) Date of arrival 7. (b) Likely date of departure 8. (a) Travel by Bus/Car/Two-wheeler/Train/Air (tick whichever is applicable) any other.............................. (please specify) 9.Address during stay in Meghalaya/address of referred person in Meghalaya Mobile /Contact No Reference person in Meghalaya Name ____________________ Address _________________________ Police Station______________ Post Office______________ Mobile No.______________ 10. Telephone/Mobile No. 11. Purpose of visit: Date ................ Signature of person *Strike off if not necessary ...........................................................cut here ............................................................ M F O (Tick whichever is applicable) If any other please specify: ______________ PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1059 ACKNOWLEDGEMENT RECEIPT Received Form No.____dated_________ from Shri/Smti ______________________ entering State of Meghalaya on ___________ (date) at _____________________ (place). (This acknowledgement receipt should be returned to the concerned Facilitation Centre at the time of exiting out of the State) Signature& seal of In-charge Facilitation Centre Exited the State on ____________ (date) at _______________________(place) Signature & seal of In-charge Facilitation Centre PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1060 FORM “A” [See section 9 (1) (a)] Affidavit [To be typed on a Rupees Ten Non-Judicial Stamp Paper] I………………………….(Name of deponent), S/o / D/o,………………., age about……years, by profession ………………… and permanent resident of………………………… do hereby solemnly affirm and declare as follows:- 1. That I am a bonafide resident of India and presently reside at………………………. 2. That I was a previous resident of …………… village/ town/ city ………. within the jurisdiction of the ……………. Police Station, ……………. District, …………. State, from……to….. (period). 3. That this Self Declaration is for declaring my earlier residence for the purpose of Section 9 (1) (a) of the Meghalaya Residents Safety and Security Act, 2016 and submitting the same before the concerned authority with supporting documents referred to in section 9. 4. That the statements in this Declaration made in paragraphs 1, 2 and 3 above are true and correct to the best of my knowledge, belief and information and nothing material has been concealed therein. 5. That if any information given by me in this declaration or any document submitted in support of any residential address shall be found untrue or incorrect or false I would be liable for penalties under Sections 199 and 200 of the Indian Penal Code, References - Name and Signature and Address of Tenant/ PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1061 [See Section 9(2)] Details of information of resident for verification by Police and Local Authority. Particulars of Landlord where the tenant resides. 1. Name of the Landlord: ______________________________________________________ 2. Occupation: ________________________________________________________________ 3. Details of permanent address: _______________________________________________ 4. Telephone/ mobile number: _________________________________________________ 5. Present address: ____________________________________________________________ 6. Details of domestic help or other workers staying along with the landlord: Name Age Permanent Residential Address Signature/Thumb Impression (*NB: Separate sheet be used to affix photograph of domestic help or other workers along with name and signature or thumb impression below the photograph) Particulars of Tenant 1. Name: ___________________________________________________________ 3. (a) Nationality: ____________________ (b) Age : ______________________ 5. Phone Number:___________________________ 6. Mobile number: __________________________ 7. Email address:____________________________ 8. Occupation: ______________________________________________________ 9. Documents produced in support of address and identification: (a) If student, certificate and identity card from the educational institution: _________ (b) If Government servant, employment certificate, transfer order or appointment order or office identity card: _____________________ (c) For doctors / lawyers/ engineers/ architects/ professional drivers/ self employed and other professionals - registration certificate/ number:______________________ (d) For migrant workers or those engaged in business/ trade: trading license from respective District Council or labour registration certificate/ license under relevant law: _________________________________________________________________ PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1062 (e) For others - Permanent Account Number (PAN) card/ electricity bill/ ration Card/Adhaar card: ___________________ 10. Details of family member residing with the tenant and includes sub-tenants and joint tenants: Name Age Relationship Occupation Signature/Thumb Impression 11. Details of domestic help or other workers staying along with the tenant: Name Age Permanent Residential Address Signature/Thumb Impression (*NB: Separate sheet be used to affix photograph of family members and domestic help along with name and signature or thumb impression below the photograph) 12. Present Address: & Telephone and Mobile Number: 13. Previous address: & Telephone and Mobile Number: 14. Date of leaving the previous address: 15. Permanent address: & Telephone and Mobile Number (to be supported by documentary proof) *Strike out whichever not necessary Name and Signature of tenant with date / address and Phone/ Mobile. Name and Signature of Landlord with PART-IIA] THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) AUGUST 14, 2017 1063 Received from Shri/ Smti. ___________________________ S/o / D/o _______________________ R/o ________________________________ Phone / Mobile Number ___________________________ intimation of letting out of ____________________________ to Shri/ Smti. ___________________ Date __________ Diary No. ______________ Signature of recipient ____________________ Name & Designation ____________________ Police Station ___________________ Office Seal Received from Shri/ Smti. _________________________ S/o / D/o _________________________ R/o ________________________________ Phone / Mobile Number __________________________ intimation of letting out of ____________________________ to Shri/ Smti. ___________________ Date __________ Diary No. ______________ Signature of recipient ____________________ Name & Designation ________________________ Police Station ___________________ Office Seal SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong. (Extraordinary Gazette of Meghalaya) No. 295 - 730 + 200 — 14 – 8 - 2017. website:- http://megpns.gov.in/gazette/gazette.asp