SHILLONG, JULY 31: Meghalaya chief minister Mukul Sangma suggested the union government to invoke para 12 (A) of the Sixth Schedule so that application of ‘central laws’ relating to mining may be rescinded which will allow the state government to regulate mining in the state following the National Green Tribunal (NGT)’s ban on unscientific rat hole coal mining in the state for three months.
In a letter to Prime Minister Narendra Modi on Thursday, Sangma said, “As an alternative approach to deal with the situation, there is a need to invoke the paragraph 12 (A) (b) of the Sixth Schedule, so that application of central laws relating to mining may be rescinded through a presidential notification.”.
Sangma said by doing this the state legislature shall make appropriate legislation to regulate mining in the state in accordance with the Meghalaya Mines and Minerals Policy, 2012. But, he suggested,the central laws relating to environment, forest, child labour should continue to apply in the state.”
Informing that NGT has put on hold all coal mining activities pending operationalising of the statutory requirements of environment protection and safety, Sangma said, “This sudden enforcement (ban on coal mining) is already causing immense hardship to the mine owners, developers, operators and others associated with mining in the state.”
Sangma added that this ban is being exploited by vested interests through misinformation campaign creating a perception that mining rights of indigenous tribal people are being taken away by both the union and state government.
Sangma informed, “This has the likely ramification of creating a sense of alienation amongst the people at large.”
Sangma also informed that the state government had taken this matter up with centre earlier and had suggested that the customary rights and practice followed in relation to coal mining in the state should not be disturbed.
Sangma said, “The centre had also responded by assuring that it had no intentions of interfering with the customary tribal rights or causing any hardship to them,” quoting the letter dated July 2, 1987 issued by the then Union Minister of Energy of the Government of India.
According to Sangma, based on this, it has led to a situation where the indigenous mine developers and operators did not take out any license or lease from the government, nor were the other mining or environmental regulations enforced on them.
In the context of the Coal Mines (Nationalisation) Act, 1973, Sangma pointed out that the first issue would be whether they (private owners and operators) would be allowed to carry on coal mining. “And even if permitted, they would be required to obtain the mining lease from the central government, even for very small deposits or mines,” he said adding “Similarly, mining plan would need to be approved by the Ministry of coal. Clearances from the Coal Controller and the Director General of Mines Safety would be required to be obtained, and they do not have any offices in the state or region.”
According to him, in such a situation, this has given rise to certain apprehensions and anxieties among the people, and thereby, reservation against the Mines and Mineral Policy of the state.
Meanwhile, the chief minister further suggested the Centre on the need to explore the possibility of modifying the Mines and Minerals (Development and Regulation) Act, 1957, the Coal Mines (Nationalisation) Act, 1973.
“Taking advantage of the paragraph 12 (A) (b) of the Sixth Schedule, and through a Presidential notification, certain provisions of the Central mining related statutes could be appropriately modified allowing the State government to grant the prospecting license or mining lease in respect to coal, given the small size of deposits and mines being operated,” Sangma asserted.
He added, “Similarly, for approval of mining plan and mine closure plan, either the State government could be authorized or the Ministry of Coal may authorize the regional office of the Indian Bureau of Mines to grant the approval.”
“However, the other regulatory framework relating to safety of operations, environmental management plans, forest, clearances, restrictions on child labour, and all other aspects should be strictly enforced by the concerned designated authorities or agencies,” the CM reiterated.
Sangma further stated, “If this proposal could be considered on priority, as this will serve the twin objectives of protecting the interest of all those associated with coal mining in the state as well as bringing the mining operations under the fold of regulatory regime.”- By Our Reporter
+ There are no comments
Add yours