No: 14 Dated: Sep, 15 2020

THE MEGHALAYA IDENTIFICATION, REGISTRATION (SAFETY & SECURITY) OF MIGRANT WORKERS ACT, 2020

ACT NO. 14 OF 2020

    An Act to provide for the maintenance of public order and for the protection and safety of Migrant Workers in the State of Meghalaya, by identification and mandatory registration of all such workers in the State. And to prevent the commission of offences of harassment, intimidation, discrimination and such other act or omission that may affect the safety and security of Migrant Workers, and to further ensure the safety and security of all Migrant Workers during the course of employment within the State of Meghalaya and for matters connected therewith.

Be it enacted by the Legislature of the State of Meghalaya in the Seventy-First Year of the Republic of India as follows:-

1. Short Title, Extent, Commencement and Application:- (1) This Act may be called the Meghalaya Identification, Registration (Safety & Security) of Migrant Workers Act, 2020.

(2) It extends to the whole of Meghalaya.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

(4) It applies to all establishments in the State irrespective of the number of Migrant Workers engaged or employed

2. Definitions:- In this Act, unless the context otherwise requires:-

(a) “Act” means the Meghalaya Identification, Registration & Regulation of Migrant Workers Act, 2020;

(b) “Appellate Officer” means any Officer appointed by the State Government under Section 3 of this Act;

(c) “Establishment” means—

(i) any office or department of the Government or local authority; or

(ii) any place where any industry, trade, business, manufacture or occupation is carried on; or

(iii) any place which employs or causes to employ any Migrant Worker;

(d) “Form” means form appended to the Rules framed under this Act;

(e) “Labour Commissioner” means any Officer as appointed by the State Government;

(f) “Local Authority” means traditional tribal bodies which includes Nokma, Sordar, Syiem, Sirdar (Sardar), Doloi, Waheh Shnong, Wahadadar, 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;

(g) “Migrant Worker” means any person not belonging to the State of Meghalaya and who is not domiciled in the State of Meghalaya, who seeks employment, or is employed to perform any of the works defined in sub-section (k) of this Section;

(h) “Prescribed” means prescribed in the Rules;

(i) “Registering Officer” means the Registering Officer appointed by the State Government under Section 3 of this Act;

(j) “State Government” means the Government of Meghalaya;

(k) “Work” means work in any establishment as skilled, semi-skilled or unskilled, manual, technical or clerical worker, whether the terms of employment be expressed or implied, but does not include any work ordinarily involving research or is in managerial, administrative or supervisory capacity etc.

3. Appointment of Registering and Appellate Officers:- The State Government may, by order notified in the Official Gazette:-

(1) Appoint such person, being Officers of Government as it thinks fit to be Registering Officers for the purposes of this Act; and

(2) Define the limit, within which the Registering Officer or Officers shall exercise the power conferred on him by or under this Act;

(3) Notwithstanding anything contained in the previous sub-sections, the State Government may appoint any other Officer being Officer of the Government as it thinks fit as to be Appellate Officers under this Act;

(4) The State Government may confer any such additional powers on the Registering or Appellate Officers which may be required to achieve the purposes of this Act.

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