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Fresh draft bill of the proposed ” The Manipur Regulation of Non-Local People Bill, 2016″

Sunday, October 2, 2016

/ Published by VIRTHLI

to regulate the Non-Local people corning 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 fin 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. In this Act, unless the context otherwise requires,—(a) "Local People" means persons who are citizens of India and who belong to any of the communities specified in the respective Parts of the Schedule to the Constitution (Scheduled Castes) Order. 1950 and the Constitution (Scheduled Tribes) Order, 1950 for the State of Manipur. and Other Backward Classes notified by the State Government from time to time and who have been ordinary residents of the State of Manipur and immediately before the attainment of Statehood on January 21, 1972. and their descendants; Explanation— For the purpose of this clause, the ordinary resident means a person whose name was entered in the electoral rolls for the year of 1972. In case of any polling stations where the electoral rolls for the year of 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 as may be prescribed.  [transcript by Virthli]

(b) "Non-Local People' means a person who is a citizen of India but is not covered by clause (b) of this section:
(c) "owner" means a person who owns, and 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:
(d) "Pass" means a pass issued by the registration authority under this Act;
(e) "prescribed" means as prescribed by rules made under this Act:
(f) "registration authority" means the registration authority for registration of Non-Local People designated under sub-section (3) of section 3 of this Act: (g) "State" means the State of Manipur: (1-) "State Government" means the State Government of Manipur.

3. (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.
[Registration of Non- Local People and establishment of registration centres and Issue of Pass]

(2) For the purpose of sub-section ( I). 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 Deputy Commissioner of the concerned district.  [transcript by Virthli]

Provided further that when a Non-Local People is denied a pass by the registration authority. he may make an application to the Deputy Commissioner concerned for redressal of his grievances and to enable such person to approach the Deputy Commissioner concerned for the purpose. a temporary pass may be issued.

Explanation— For the purposes of this section, a Non-Local People shall he deemed to he a citizen of India on production of his voter's identity card issued by the Election Commission of India or is 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 Deputy Commissioner concerned.

(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.
[Compulsary registration of Non-Local People and report of Non-local People without pass staying in the State]
4. (I) 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 3 of this Act.
(2) Every owner shall maintain a register in such form as may be prescribed to record the paniculars of every Non-Local People to whom he lets or leases out such property, and paniculars or such entries shall be submitted by the owner to the Deputy Commissioner concerned for every fortnight.

Provided that where the period of lease is more than six months, the particular of the Non-Local People who leases the property shall be furnished to the Deputy Commissioner concerned within a period of fifteen days of the execution of the lease and any extension. thereafter. if any.

(3) A person who has knowledge of a Non-Local People staying in the State without a pass issued under this Act shall provide such information to the Deputy Commissioner concerned. No person shall incur any liability, criminal or civil, for giving such information in good faith.

Provided that if any person is aggrieved by any act done under this Act, he may make a representation of his grievance to the Secretary of the Department of Home of the State Government for redressal.  [transcript by Virthli]

5. The Deputy Commissioner concerned shall enter the particulars of the Non-Local People furnished under sub-section (2) of section 4 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 thereof to the owner,  in such form and in such manner as may be prescribed. to the effect than the Non-Local People has been registered by the owner of the premises.
[Issue of receipt to the owner]

6. Any owner who fails to furnish the names and particulars of the Non-Local People to the Deputy Commissioner concerned within the period specified in sub-section (21 of section 4 shall be punishable with fine up to a minimum of two thousand rupees but not exceeding five thousand rupees.
[Failure to furnish information]
[Persons to be exempted]
7. The provisions of this Act shall not apply to persons employed in connection with affairs of the Union Government, the 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, teachers, employees and students of educational establishments 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 establishment or such Other documents as may be prescribed shall constitute sufficient documentary evidence for such employment or studentship.

8. The provisions of this Act shall be in addition to, and not in derogation of any other laws for the time being in force.
[Provisions to be in addition to existing laws]
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.
[Protection of action taken in good faith]

10. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
[Power to make rules]
(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) to establish registration centres for Non-Local People under subsection (2) of section 3:
(b) form and manner of issue of Pass to be issued to the Non-Local People under sub-section (41 of section 3:
1c) form and manner of renewal of Pass issued under this Act under sub-section (4) of section 3: (d) form and manner of maintenance of the register under sub-section (5) of section 3. sub-section 12) of section 4 and section 5:
(e) forms and manner of issue of the receipts to be issued to the owners under sections 5: and
(f) 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 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.  [transcript by Virthli]
[Power to remove difficulties]

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.

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