The Meghalaya Identification, Registration (Safety & Security) of Migrant Workers Act, 2020 (Act No. 14 of 2020)

 
The Gazette of Meghalaya 
EXTRAORDINARY 
PUBLISHED BY AUTHORITY 
  No. 168                      Shillong,   Tuesday,   September  15,   2020                           24th  Bhadra, 1942  (S. E.) 
PART‐IV 
GOVERNMENT OF MEGHALAYA 
LAW (B) DEPARTMENT 
‐‐‐‐‐‐‐ 
NOTIFICATION 
The 15th September, 2020. 
No.LL(B).15/2020/39. – The Meghalaya Identificati on, Registration (Safety & 
Security) of Migrant Workers Act, 2020 (Act No. 14 of 2020) is hereby published for 
general information. 
MEGHALAYA ACT NO. 14  OF 2020. 
 
(As passed by the Meghalaya Legislative Assembly)  
Received the assent of the Governor on the 10 th September, 2020. 
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 15 th September, 2020. 
 
 
 
 

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THE MEGHALAYA IDENTIFICATION, REGISTRATION (SAFETY & SECURITY) OF 
MIGRANT WORKERS ACT, 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:- 
Short Title, Extent, 
Commencement and 
Application. 
1. (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 )  I t  s h a l l  c o m e  i n t o  f o r c e  o n  s u c h  d a t e  a s  t h e  S t a t e  
Government may, by notificati on in the Official Gazette, 
appoint.   
(4) It applies to all establishments in the State irrespective 
of the number of Migrant Workers engaged or employed. 
Definitions 2. 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 an y 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, Syie m, Sirdar (Sardar), Doloi, 
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Waheh Shnong, Wahadadar, Lyngdoh and Rangbah 
Shnong of Garo Hills, Khasi Hills and Jaintia Hills, or 
any other such body constitu ted 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 Gove rnment 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. 
Appointment of 
Registering and 
Appellate Officers 
3. 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. 
Registration 4. (1) Every Migrant Worker shall have to register himself/ 
herself and obtain a separate Registration Card as issued 
under the provisions of this Act and rules made 
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thereunder; 
(2) It shall be the duty of every person, employing or 
engaging any Migrant Worker in any manner whatsoever 
to ensure the registration of such Migrant Worker failing 
which, the owner of any such establishment shall be liable 
to a fine which may extend to five thousand rupees; 
(3) Notwithstanding anything in Section 4 sub-section (2) 
any Migrant Worker, if found working in the State of 
Meghalaya in violation of the Section 4 sub-section (1) 
shall be imposed with a fine which may extend to five 
hundred rupees.  
Procedure for 
Registration 
5. (1) Every Migrant Worker shall make an application in the 
form as may be prescribed; 
(2) Each application in the prescribed form shall be made 
before the ‘Registering Officer’ of the area in which the 
Migrant Worker intends to work; 
(3) The application shall be submitted to the Registering 
Officer; 
(4) On receipt of the application, the Registering Officer 
shall, after recording the date of receipt of application, give 
an acknowledgement of the same to the applicant. 
Issue of  
Registration 
Card, validity etc. 
6. (1) Where the Registering Officer registers the worker, he 
shall issue to the Migrant Worker, a Registration card with 
the necessary particulars of the worker in the form as may 
be prescribed: 
Provided that, the Registration  Card shall remain valid for 
a period of One hundred and seventy nine days (179) since 
the date of issue; 
(2) The Registration Card may be renewed on payment of 
such fees and on such conditions as may be prescribed; 
(3) The Registering Officer shall maintain a register 
showing the particulars of the Migrant Worker viz., local 
address, contact details, name and address of the owner of 
the establishment, if any, Aadhaar/Election Photo Identity 
Card, permanent address and contact details of next of kin 
and such other details as may be prescribed; 
(4) The Registering Officer shall send a copy of the Register 
maintained under Section 6(3) of the Act to the Officer-in-
Charge of the jurisdictional Police Station and the Local 
Authority for maintenance of record and to ensure the 
maintenance of security and sa fety of all Migrant Workers 
within the jurisdiction of the Police Station concerned: 
Provided that the registration and issuance of Registration 
Card under the Act shall be subject to payment of a 
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nominal fee as may be prescribed, and is subject to 
cancellation if conditions are violated and information 
furnished are found to be incorrect.  
Refusal to register 
and Appeal 
7. (1) The Registering Officer may refuse to register and grant 
a Registration Card for reasons recorded in writing, after 
giving the Migrant Worker a fair opportunity of hearing; 
(2) In case of a refusal to register and issuance of a 
Registration Card or in case of cancellation, an appeal in 
the manner prescribed shall lie to the Appellate Officer 
within thirty days from th e date of decision of the 
Registering Officer: 
     Provided that the Appellate Officer may condone any delay 
in filing of the appeal where there exist justifiable reasons 
for such delay; 
(3) The Appellate Officer shall decide the appeal after giving 
a fair opportunity of hearing to the applicant and such 
appeal shall be decided within a period of fifteen days from 
the date of filing of the appeal. 
Amendment of  
Registration Card 
and Duplicate 
Registration card 
8. (1) In relation to a Migrant Worker, if there is any 
change in the particulars specified in the Registration Card 
or in the information recorded in the register, the Migrant 
Worker shall intimate to the Registering Officer, within 
thirty  days from, the date when such change takes place; 
(2) Where, on receipt of the intimation by the Migrant 
Worker or the establishment concerned, the Registering 
Officer is satisfied that there has occurred a change in the 
particulars as entered in the Register under Section 6(3), 
he shall amend the said register and record therein the 
change thus occurred: 
Provided that the Registering Officer shall not carry out 
any amendment in the register unless an appropriate fee 
as prescribed has been deposited by the establishment 
concerned or the Migrant Worker, as the case may be; 
(3) In case the Registration Card has been lost, defaced or 
accidentally destroyed, a duplicate thereof may be granted 
on payment of prescribed fee.  
Safety & Security 9.(1) It shall be the duty of owner of any establishment, 
employing or engaging Migrant Worker to ensure the safety 
and security of the Migrant Worker during the currency of 
the employment; 
(2) It shall also be the duty of the owner of any 
establishment to report any incident threatening the safety 
and security of the migrant worker to the jurisdictional 
Police Station and Local Authority; 
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(3) On receiving any such information as mentioned in 
Section 9 (2) through an owner of an establishment or 
otherwise, as the case may be, it shall be the responsibility 
of the Officer-in-charge of the jurisdictional Police Station 
to ensure that such a complaint of harassment, 
intimidation, discrimination, pe rsonal injury or any other 
complaint disclosing the commission of any offence 
against a Migrant Worker, is forth with registered, 
investigated into, and the matter shall be proceeded as per 
law; 
(4) A report in this regard shall also be sent by the Officer-
in-charge of the jurisdictional Police Station to the 
Registering Officer, with a copy to Labour Commissioner, 
Meghalaya for immediate action, if any, and if so within a 
period of thirty days from receipt of such information; 
(5) The Labour Commissioner shall have the power to call 
for any information in relation to Migrant Worker from 
owner of any establishment or any other person, 
employing or engaging a Migrant Worker by an order in 
writing, to ascertain the facts in relation to the report 
received under Section 9(3), or in relation to any other 
information received by him: 
Provided that the exercise of power under this sub-section, 
shall not preclude the Labour Commissioner from 
instituting any proceeding in  accordance with powers 
available to him under any  other law in force.   
(6) The Labour Commissioner, upon receipt of the report, 
shall consider the same and if there exists prima facie  
evidence against the owner of the establishment or 
employee or otherwise, violating any of the provisions of 
this Act, he shall initiate or cause to be initiated, 
appropriate proceedings against the said owner of 
establishment or any other person employing or engaging 
a Migrant Worker or any employee. 
Offences and 
Penalties 
10. (1) Whoever, not being a Migrant Worker- 
(a) intimidates, harasses, threatens, or in any manner 
discriminates and threatens the safety and security of 
a Migrant Worker; 
(b) obstructs avenues of employment of Migrant Worker; 
(c) restricts a Migrant Worker from carrying out duties 
while in employment or from performing their normal 
duties and functions; 
(d) forces or causes a Migrant Worker to leave his / her 
house or other place of residence; 
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(e) obstructs or prevents a Migrant Worker from 
practicing any profession or the carrying on of any 
occupation, trade or busin ess or employment in any 
job which other members of the public, or any section 
thereof, have a right to use or have access to; 
(f) imposes or threatens a social or economic boycott of 
any Migrant Worker; 
shall be punishable with simple imprisonment for a term 
which may extend to three months, or with a fine which 
may extend to five thousand rupees or with both. 
(2) The offence under Section 10 (1) shall be cognizable and 
bailable: 
Provided in case of a second or subsequent offence, it shall be 
punishable with simple imprisonment of one year or with a 
fine which may extend to ten thousand rupees or with both.  
General provision for 
punishment of 
offences 
 
11.Whoever contravenes any provisions of this Act or of any 
rule, regulation or notification made thereunder shall, if no 
penalty for the offence is provided then, the offence for the 
first time may be punishable with a fine which may extend 
to five hundred rupees, and for any second or subsequent 
offence with a fine which may extend to one thousand 
rupees. 
Compounding of 
certain offences 
 12.(1)  Any offence committed after the commencement of 
this Act punishable under sections 4,  10 (1), 11 of the Act, 
may after the institution of the prosecution, be 
compounded by such Officers or authorities and for such 
amount as the State Government may, by notification in 
the Official Gazette, specify in this behalf. 
   (2)  Where an offence has been compounded under sub-
section (1) the offender is in custody, shall be discharged 
and no further proceedings shall be taken against him in 
respect of such offence.  
Legal Aid 13. On receipt of a written application from Migrant 
Worker for providing legal aid in relation to any proceeding 
before the authority under the instant Act, in which the 
migrant workman or his / her legal heir is a party, the 
specified authority concerned if he is satisfied, may with 
the prior approval of the Labour Commissioner of the State 
engage an Advocate to conduct the relevant proceedings on 
behalf of Migrant Worker or his / her legal heir as the case 
may be, and meet all legal expenses in this regard. 
Power to make  
Rules. 
14. The State Government may make rules for carrying out 
the purposes of this Act: 
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Provided that, every rule made by the State Government 
under this Act shall be laid, as soon as may be after it is 
made, before the State Legislature while it is in session. 
Powers of the State 
to remove 
difficulties  
15. (1) If any difficulty arises in giving effect to the 
provisions of this Act, the State Government may, by order, 
make such provisions not inconsistent with provisions of 
this Act as may appear to be necessary for removing the 
difficulty: 
Provided no order under this section shall be made by the 
State Government after a period of four years from the 
commencement of the Act; 
(2) Every order made under this section shall be, as soon 
as may be after it is made be laid before the Meghalaya 
Legislative Assembly.  
Protection of acts 
done in good faith 
16. No suit, prosecution or other legal proceedings shall lie 
against any Government Servant for anything which is 
d o n e  i n  g o o d  f a i t h  o r  i n t e n d e d  t o  b e  d o n e  i n  g o o d  f a i t h  
under this Act or the Rules made there under.  
 
 
 
D. LYNGDOH, 
Deputy Secretary to the Govt. of Meghalaya, 
Law Department. 
 
 
 
 
 
 
 
 
 
 
 
 
SHILLONG: Printed and Published by the Director, Printing and Stationery, Meghalaya, Shillong. 
(Extraordinary Gazette of Meghalaya) No. 335 - 730 + 200 — 15 – 9 - 2020. 
website:- http://megpns.gov.in/gazette/gazette.asp 

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