New provisions won’t restrict free travel in state: Tynsong
Shillong, Aug 30: The amendment to the Residents Act of 2016 passed four years ago by the state assembly is yet to get the approval from the Centre with the latter apprehending about its Constitutional validity, while the state is awaiting reply to its response to the Centre’s concern.
The state government, in its recent letter to the Centre, reiterated that the Meghalaya Residents Safety and Security (MRSSA) (Amendment) Bill, 2020 is “Constitutionally valid” and would no way restrict free travel in the state. The governor has reserved his assent to the Bill for consideration of the President.
Meanwhile, other provisions of the original MRSSA, 2016 that deals with verification of tenants are being implemented and verification started in 16 localities so far. However, setting up of facilitation centres has been kept in abeyance following court orders.
In June last year, Union Ministry of Home Affairs (MHA), in a letter to the state law department, stated that “the proposed amendment in the Bill appears to have outreached the original intent of Meghalaya Residents Safety and Security Act, 2016 (MRSSA) by seeking details of all persons (rather than only tenants already residing in the state) entering into the state and providing for punishment for not doing so. The proposed amendment Bill appears to be in violations of Article 19 (1) (d) and (e) of the Constitution”.
As the MHA had suggested the state government to consider revisiting the Bill and send its observations, the latter replied asserting that the Bill did not violate Article 19 and that the proposed amendment only sought to strengthen the original MRSS Act.
To expedite MHA’s nod on the Bill, another letter was sent on August 14 this year, stating, “The amendment is in no way a restriction to free travel in the state but only seeks information to be maintained by the state which is in pursuance of the restrictions that are permissible under Article 19 (5) of the Constitution.”
Informing this while replying to a question of All India Trinamool Congress leader Mukul Sangma in the assembly, deputy chief minister Prestone Tynsong said, “While awaiting the Centre’s response, the government has operationalised the relevant portions of original MMRSA for verification of tenants and formation of District Task Force in all districts.”
Thanking the localities in Shillong that have registered and facilitated verification of tenants, he said, “I am confident that now we can take the process forward and activate it in other districts through the District Task Force.”
Further, the deputy chief minister informed that the government had kept in abeyance notifications dated December 17, 2020 for setting up of Facilitation Centres at entry-exit points – Umling in Ri Bhoi, Shillong Airport at Umroi and Mendipathar railway station in North Garo Hills – following orders passed by the Meghalaya High Court on a PIL challenging the validity of MRSSA, 2016.
A web portal “megrssa.nic.in” was created to streamline the registration process mandated by MRSSA and to make a database of tenants, landlords, sub-localities, localities (rangbah shnong), police stations and district task force.
It was implemented on a pilot basis in seven localities in East Khasi Hills district –Nongrim Hills, Pohkseh, Nongrah, Nongmensong, Lapalang, Riat Laban and Wahdienglieng – following detailed discussion and agreement with the respective local dorbar shnong.
Altogether 18 hands-on training sessions were conducted on the usage of MRSSA portal in various localities.
As per section 3 of the Act, tenants are supposed to furnish information of their occupation of a rented house to the local authority and the police.
“Any landlord who intends to let his or her house or rental unit on rent to a tenant, he or she shall obtain clearance from the local authority subject to renewal,” as per Section 7.
As of date, 87 localities and 177 sub-localities of East Khasi Hills have been registered in the MRSSA portal, Tynsong said.
“16 localities have begun implementation of the Act. As of date, 183 tenants have registered in the portal,” he said while adding that apart from the district task force of East Khasi Hills, several meetings were also held by the district task forces in all the districts for implementation of the MRSSA, 2016.
