The Meghalaya government has tabled a legislation for protection and safety of migrant workers by identification and mandatory registration for all of them.
On Friday, the first day of the Assembly’s budget session, deputy chief minister Prestone Tynsong tabled the Meghalaya Identification, Registration (Safety & Security) of Migrant Workers Bill, 2020, which also seeks to prevent the commission of offences of harassment, intimidation, discrimination and any other act of omission that could affect the safety and security of migrant workers.
The bill proposes to be made applicable to all establishments in the state irrespective of the number of migrant workers engaged or employed.
According to the bill, a migrant worker is one who does not belong to Meghalaya, not a domicile of the state, and who seeks employment or is employed to perform any work as a skilled, semi-skilled or unskilled, manual, technical or clerical worker.
Every migrant worker will have to register and obtain a separate registration card. It will be the duty of every person employing a migrant worker to ensure the registration of the migrant worker failing which the owner of any establishment will be liable to a fine which may extend to Rs 5,000. Any migrant worker, found working in the state without a registration card, will be imposed with a fine which may extend to Rs 5,000.
The registration card to be issued will be valid for 179 days and will have to be renewed after paying a certain amount as fees. The bill, however, empowers the registering officer to even refuse to register any migrant worker. But the worker can appeal to the appellate officer.
The registering officer will have to maintain a register showing the migrant workers’ particulars such as their local address, contact details, name and address of owner of establishment, Aadhaar/electoral photo identity card, permanent address and contact details of next of kin.
A copy of the register will have to be sent to the jurisdictional police station and local authority for maintenance of record and ensure the workers’ safety. Local authority implies the traditional tribal bodies like the Nokma, Syiem, Sordar, Sirdar, Wahehshnong, Wahadadar, Rangbah Shnong in the Garo, Khasi and Jaintia Hills.
The bill said it would be the duty of the owner or any establishment employing or engaging migrant workers to ensure their safety and security during their employment period.
The owner of any establishment will also have to report any incident threatening the safety and security of the worker to the police station and local authority.
Whoever, not being a migrant worker, intimidates, threatens or in any manner discriminates and threatens the safety of a migrant worker, obstruct his/her avenues of employment, restricts him/her from carrying out duties while in employment, forces or causes him/her to leave house, obstructs or prevents him/her from practising any profession, trade or business or employment, imposes or threatens a social or economic boycott will be punishable with simple imprisonment for a term not beyond three months or with a fine, which may extend upto Rs 5,000 or both.
On a second offence, the imprisonment will be for term of one year or with a fine of Rs 10,000 or both.
The bill said no expenditure will be incurred from the state consolidated fund for its implementation.