The Meghalaya Residents Safety and Security Act, 2016

1. (1) This Act may be called the Meghalaya Residents Safety and Security Act, 2016.
2. (2) It extends to the whole of Meghalaya.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

In this Act, unless the context otherwise requires,-

1. (a) “Act” means the Meghalaya Residents Safety and Security Act, 2016;
2. (b) “District Task Force” means the task force constituted under section 5 of this Act;
3. (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;
4. (d) “Facilitation Centre” means a centre established under Section 17 and includes any other Centres notified by the Government under this Act;
5. (e) “Government” means the State Government of Meghalaya;

1. (1) Every landlord, who rents their property to any person for the purpose of residing or any commercial activity, shall notify the concerned District Task Force or the Local Dorbar or the police station having jurisdiction over the area, regarding the details of their tenants, in such form and in such manner as may be prescribed by the State Government, within a period of one month from the commencement of this Act.
2. (2) Every landlord, who intends to rent their property to any person hereafter, shall intimate the concerned District Task Force or the Local Dorbar or the police station having jurisdiction over the area, at least one month prior to the date of renting the property.
3. (3) The details of the tenants to be submitted shall include:
   • (a) a self declaration of the tenant along with a copy of a valid identity proof;
   • (b) the place of origin and permanent address of the tenant;
   • (c) name, address and telephone number of a person who can be contacted in case of any emergency;
   • (d) period of the proposed stay; and
   • (e) a photograph of the tenant.
4. (4) The Local Dorbar or the police station shall acknowledge receipt of such intimation and the same shall be forwarded to the District Task Force for the purpose of maintaining a database. (5) Provided that in case of any doubt or requirement of verification of the antecedents of the tenant, the District Task Force may conduct an inquiry into the matter, including directing the relevant police station to verify the necessary documents.

1. (1) Any person who violates the provisions of section 3 shall be punished with imprisonment for a term which may extend to six months or with a fine which may extend to five thousand rupees, or with both.
2. (2) Notwithstanding anything contained in this Act, the provisions of section 177 of the Indian Penal Code shall be applicable to any person who furnishes false information to the authorities.

1. (1) The State Government shall, by notification, constitute a District Task Force in each District.
2. (2) The District Task Force shall consist of the following members, namely:
   • (a) Deputy Commissioner - Chairperson;
   • (b) Superintendent of Police - Member Secretary;
   • (c) District Heads of Departments as may be notified by the State Government - Members;
   • (d) Two prominent citizens to be nominated by the Deputy Commissioner - Members.
3. (3) The District Task Force shall meet at least once in a month or as and when required.

The District Task Force shall perform the following functions:

1. (a) To oversee and supervise the functioning of the Facilitation Centres established under this Act;
2. (b) To ensure that the tenants residing in the District are verified and registered as per the provisions of this Act;
3. (c) To coordinate with the local authorities and police for the effective implementation of the provisions of this Act;
4. (d) To take necessary action against any person who is found to be in violation of the provisions of this Act;
5. (e) To monitor the security situation in the District and suggest measures to the State Government for maintaining peace and tranquillity;
6. (f) To perform such other functions as may be assigned to it by the State Government from time to time.

Powers of the District Task Force:

1. (1) The District Task Force shall exercise its powers and perform its functions under the supervision of the Deputy Commissioner of the district.
2. (2) The District Task Force shall have the power to:
   • (a) verify the antecedents of the tenants residing in rented houses;
   • (b) monitor the functioning of the Facilitation Centres;
   • (c) ensure that all tenants submit the information as required under this Act;
   • (d) perform such other functions as may be assigned by the Government from time to time.
3. (3) The District Task Force shall have the powers of a police officer for the purpose of verification and enquiry in respect of the provisions of this Act.

Exemption:

1. (1) The Government may, by notification in the Official Gazette, exempt any person or class of persons from the provisions of this Act or any part thereof. (2) Provided that nothing in this Act shall apply to:
   • (a) any person in the service of the Central or State Government;
   • (b) any person who is a citizen of India and is residing in the State for any official purpose or as part of any official assignment;
   • (c) any person or class of persons as may be specified by the Government for reasons to be recorded in writing.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
   • (a) the functions and duties of the District Task Force;
   • (b) the manner of verification by the District Task Force;
   • (c) the functioning of the Facilitation Centres;
   • (d) the form and manner of submission of information by the tenants and landlords to the respective local authorities;
   • (e) any other matter which is required to be, or may be, prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty:

Cognizance of offence Cognizance of offence: No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by the District Task Force or by any officer authorized by the Government in this behalf.

Offence by companies:

1. (1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: For the purposes of this section:
   • (a) "company" means any body corporate and includes a firm or other association of individuals; and
   • (b) "director", in relation to a firm, means a partner in the firm.

Certain persons to be public servants.

Protection of action taken in good faith Protection of action taken in good faith.

Act to have overriding effect Act to have overriding effect: The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.

Verification of tenants:

1. (1) Every landlord, who proposes to let out any premises or part thereof, shall submit in the prescribed form, the details of the tenant to the Local Authority or Police Station or the District Task Force or any such agency as may be notified by the Government.
2. (2) Every landlord, who has already let out property to a tenant before the commencement of this Act, shall also be required to submit the details as required in sub-section
3. (1) within a period of 90 days from the date of commencement of this Act.
4. (3) The tenant, who intends to take a house on rent, shall furnish his proof of identity and such other documents as may be prescribed to the landlord.
5. (4) The landlord, upon receipt of the information from the tenant, shall verify the credentials of the tenant from the employer or any other respectable person or from the place of origin or the native village or shall submit such documents to the Police Station or the Local Authority for such verification.
6. (5) Any failure on the part of the landlord to verify the credentials of the tenant or to submit the information as required under sub-section
7. (1) or (2), shall be an offence and shall be punishable with imprisonment for a term which may extend to six months or with fine or with both.

Facilitation Centres: The State Government may, with a view to support, assist and facilitate the enforcement of the provisions of this Act and other relevant laws, by notification in the Official Gazette, establish Facilitation Centres at such places as may be considered necessary for the purpose of carrying out the functions as may be assigned to it under this Act.

Power to call for information: The District Task Force or any officer authorized by it may, for the purposes of this Act, require any person to furnish such information or documents as may be necessary for the effective implementation of the provisions of this Act.

Submission of information by landlord

1. (1) Every landlord who has given house or property on rent to any person shall, within a period of one month from the date of commencement of this Act, or from the date of letting out the house or property, submit to the police station or the District Task Force or such other authority as may be notified by the Government, the information in the format provided in the Schedule to this Act.
2. (2) The information under sub-section
3. (1) shall be submitted in the form of a declaration which shall be signed by both the landlord and the tenant.
4. (3) The landlord shall also submit two copies of a recent passport size photograph of the tenant along with the declaration.
5. (4) In case of an existing tenant, the information shall be submitted within a period of one month from the date of commencement of this Act.

Repeal and savings

1. (1) The Meghalaya Residents Safety and Security Act, 2016 (Ordinance No. 2 of 2016) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.