Manipur Regulation of Non-Local Bill 2016 - A Draft from Govt of Manipur

10 August 2016

Draft Bill to regulate entry of non-locals to Manipur (For Public Information)

Imphal, August 9, 2016 No.9/6(144)/2005-H(Pt):

WHEREAS, the Government of Manipur with a view to regulate the Non-Local people coming to the State of Manipur and to provide protection, maintenance of socio-economic and cultural balance of the Local People of Manipur and for maintenance of peace and public order in the State of Manipur by regulating the entry into and exit from Manipur for Non-Local people and tenants in the interest of general public and for matters connected therewith or incidental thereto proposes to make a comprehensive law;

AND WHEREAS, the State Government thinks it appropriate to place the draft Bill in the public domain as part of a pre-legislative consultative process;

NOW, THEREFORE, for the above purposes, the draft of the proposed Manipur Regulation of Non-Local People Bill, 2016 is hereby published inviting suggestions from all persons interested therein; and notice is hereby given that the said draft will be taken into consideration by the Government of Manipur on or after August 24, 2016.

2. The draft Bill has been uploaded on the website: manipur.gov.in and is open to public suggestions. Any suggestion which may be received by the Additional Chief Secretary (Home), Government of Manipur, Manipur Secretariat: South Block, Imphal-795 001 or to e-mail : home.undersecretary@gmail.com. from any person with respect to the said draft before the aforesaid date will be taken into consideration by the State Government.

DRAFT A BILL
to regulate the Non-Local people coming to the State and to provide protection, maintenance of socio-economic and cultural balance of the Local People of Manipur and for maintenance of peace and public order in the State of Manipur by regulating the entry into and exit from Manipur for Non-Local people and tenants in the interest of general public and for matters connected therewith or incidental thereto.

BE it enacted by the Legislature of Manipur in the Sixty-seventh Year of Republic of India as follows :

1. (1) This Act may be called the Manipur Regulation of Non-Local People Act, 2016.
(2) It shall extend to the whole of the State of Manipur.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
Short title, extent and commencement.

(2)
2. In this Act, unless the context otherwise requires,— Definitions.

(a) “Director” means the Director of Registration of Non-Local People and Tenants, appointed under sub-section (2) of section 3 of this Act;
(b) “Local People” means Persons who are citizens of India and who have been ordinary residents of the State of Manipur immediately before the attainment of Statehood on January 21, 1972, and their descendants residing in Manipur;
Explanation—.For the purpose of this clause, the ordinary resident means a person whose name was entered in the electoral rolls for 1972.
In case of any polling stations where the electoral rolls for 1972 is not available, the electoral rolls for any nearest subsequent years which is available shall be taken for this purpose subject to necessary corrections, if any, based on other relevant records.
(c) “Non-Local People”, means a person who is a citizen of India but is not covered by clause (b) of this section;
(d) “owner” means a person who lets or leases out land, building, hotel, motel or any other property in the State to a Non-Local person and includes a power of attorney holder or a person duly authorized to be in charge of the same;
(e) “Pass” means a pass issued by the registration authority under this Act;
(f) “prescribed” means as prescribed by rules made under this Act;
(g) “registration authority” means the registration authority for registration of Non-Manipur People designated under sub­section (3) of section 4 of this Act;
(h) “section” means a section of this Act;
(i) “State” means the State of Manipur;
(j) “State Government” means the State Government of Manipur; and
(k) “tenant” means a Non-Local People who pays rent or hiring charges or take on lease for temporary use and occupation of land, building, or other property for residing or conducting business in the State.

3. (1) For the purposes of this Act, the State Government shall establish a Directorate of Registration of Non-Local People and Directorate of Registration
(3) tenants consisting or a Director and as many officers and staff as it consider necessary.
(2) An officer not below the rank of Group-A Officer of the State Government shall be appointed as the Director by the State Government.
(3) The salaries and allowances and other conditions of service of the Director and other officers and staff of the Directorate shall be such as prescribed by the State Government as it thinks fit; and the Directorate shall be under the administrative control of the Home Department of the State Government.
(4) Every officer and staff of the Directorate shall be subordinate to the Director.
(5) The Director shall supervise the registration and issue of passes to the Non-Local People and receipts to the owners hosting the tenants and he shall have other administrative powers and functions as prescribed.
4. (1) At the commencement of this Act, every Non-Local People entering the State shall register himself with the registration authority designated under sub-section (3) of this section.
(2) For the purpose of sub-section (1), the State Government shall establish registration centres at such places as may be notified in the Official Gazette by the State Government from time to time.
(3) The State Government shall designate as many officers of the State Government as the registration authority at every registration centre.
(4) The registration authority shall, if he is satisfied that the Non-Local People is a bona fide citizen of India and is visiting the State, issue a Pass to the Non-Local.People which shall be in his possession at all times, in such form and in such manner as may be prescribed, specifying his place of origin and the period of stay which shall not be more than six months from the date of issue:
Provided that the period of stay may be extended from time to time by the Director:
Provided further that when a Non-Local People is denied a Pass by the registration authority, he may make an application to the Director for redressal of his grievances and to enable such person to approach the Director for the purpose, a temporary Pass People and Tenants.
Registration of Non-Local People and establishment of registration centres and Issue of Pass (4)may be issued.
Explanation.— For the purposes of this section, a Non-Local People shall be deemed to be a citizen of India on production of his voter’s identity card issued by the Election Commission of India or a ration card issued by a competent authority or such other documents as may be prescribed.
(5) The registration authority shall maintain a register containing the passes issued to the Non-Local People, and shall submit monthly report of such registration to the Director.
(6) A Non-Local People who is staying in the State before the commencement of this Act shall immediately register himself with the nearest registration authority.
(7) The registration authority shall issue a pass under sub-section (4) of section 4 of this Act, if the Non-Local People satisfies the condition provided for issue of pass under this Act.
5. (1) Every owner shall before he lets or leases out any property to a Non-Local People satisfy himself that the Non-Local People is in possession of a pass issued under sub-section (4) of section 4 of this Act.
(2) Every owner shall maintain a register in such form as may be prescribed to record the particulars of every Non-Local People to whom he lets or leases out such property, and particulars of such entries shall be submitted by the owner to the Director for every fortnight.
(3) A person who has knowledge of a Non-Local People without pass staying in the State shall provide such information to the Director. No person shall incur any liability, criminal or civil, for giving such information in good faith.
6. The Director shall enter the particulars of the Non-Local People furnished under sub-section (2) of section 5 by the owner in a register to be maintained in such form and in such manner as may be prescribed, and shall issue a receipt to the owner in such form and in such manner as may be prescribed, to the effect that the tenant has been registered by the owner of the premises.

7. Any owner who fails to furnish the names and particulars of Failure to the tenants to the Director within the period specified in sub-section (2) of section 5 shall be punishable with fine up to a minimum of two thousand rupees but not exceeding five thousand rupees.

8. The provisions of this Act shall not apply to persons employed in connection with affairs of the Union Government, the Compulsory registration of Non-Local People and tenants and report of Non-Local People without pass staying in the State.
Issue of receipt to the owner.
Failure to furnish information
Persons to be exempted
(5) State Government, Public Undertaking, and persons employed by a local authority or a body established by law with the approval of the State Government, persons holding constitutional and statutory position in the Centre and the States, leaders of recognized and registered political parties of the country, students of educational institutions situated in the State or such other persons as may be determined by the State Government from time to time and their family members.

Explanation.— For the purpose of this section, production of a valid identity card issued by the concerned authority of the employee or the educational institution or such other documents as may be prescribed shall constitute sufficient documentary evidence for such employment or studentship.

9. No suit, prosecution or other legal proceedings shall lie against any officer of the State Government for anything which is in good faith done or intended to be done under this Act.

10. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of foregoing powers, such rules may provide for all or any of the following matters, namely,—
(a) the salaries and allowances and conditions of service of the Director, officers and staff under sub-section (3) of section 3;
(b) to establish registration centres for Non-Local People under sub-section (2) of section 4;
(c) form and manner of issue of Pass to be issued to the Non-Local People under sub-section (4) of section 4;
(d) form and manner of renewal of Pass issued under this Act under sub-section (4) of section 4;
(e) form and manner of maintenance of the register under sub-section (5) of section 4, sub-section (2) of section 5 and section 6;
(f) forms and manner of issue of the receipts to be issued to the owners under sections 6; and
(g) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Manipur Legislative Assembly, while it is in session, for a total period of thirty days which may be Protection of against taken in good faith.

Power to make rules. (6)
comprised in one session or in two or more successive session, and if, before the expiry of the session
immediately following the session of the successive sessions aforesaid, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall, thereafter,
have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

11. If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make such provisions or give such directions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such power shall be exercised after the expiry of a period of two years from the commencement of this Act.

( P. K. Singh )
Link Commissioner (Home) Govt, of Manipur