Central mining laws
SHILLONG: The Union Home Ministry has expressed its reservation on the request of granting the state government with the power to allocate mining lease as it feared that there will be similar demands from other state governments.
Chief Minister Mukul Sangma had earlier written to the Union Ministry of Coal granting the state government with the power to allocate mining lease.
Official sources on Monday informed that the Ministry has responded following the letter from Chief Minister which he had written to Prime Minister Narendra Modi in May last suggesting the Centre to invoke paragraph 12A (b) of the Sixth Schedule so that Central laws relating to mining may be rescinded as far as Meghalaya is concerned.
Under paragraph 12A (b), the President of India has the power to exempt or modify the application of Acts of Parliament to the three autonomous district councils in Meghalaya – Khasi, Jaintia and Garo- which has never been invoked in the past.
In the letter to Modi, Sangma had also suggested that certain provisions of the central mining laws like the Mines and Minerals (Development and Regulation) Act, 1957, Coal Mines (Nationalisation) Act, 1973 and others could be “appropriately modified” allowing the state government to grant the prospecting license or mining lease in respect of coal given the small size of deposits and mines being operated.
In relation to this suggestion of the Chief Minister, the Union Home Ministry was of the view that the issues need to be examined by the coal and law ministries.
“In case the request of the Meghalaya government is considered, there will be similar demands from other state governments. Whether the coal ministry could be able to accommodate demands of other state governments?” the home ministry asked.
Further, in its comments, the home ministry pointed out that central laws such as the Mines and Minerals (Development and Regulation) Act, 1957, Coal Mines (Nationalisation Act, 1973, and Mines Act are applicable to Meghalaya, and there is “no” Presidential notification for non-application of these central laws in the Sixth Scheduled areas of Meghalaya.
The coal ministry has, therefore, asked as to why these central laws cannot be enforced in Meghalaya.
In relation to the proposal for invoking paragraph 12 A (b), the home ministry said the same was “not feasible” in view of the provisions made in paragraph 12 A (b).
“It may be noted that paragraph 12 A (b) provides that the President may direct not to apply laws made by the Parliament or may apply with or without modification. It is also observed that the state legislature cannot enact legislation on the subject of the central list,” the home ministry noted.
Moreover, the home ministry has suggested that the coal ministry should examine the issues in consultation with the law ministry.
Chief Minister Mukul Sangma, however, said that Para 12 A(b) of the Sixth Schedule is specifically meant for Meghalaya only and hence invoking it is necessary since here is a clear case where central laws have come into conflict with the customary rights of the people. The contention by the Union home ministry that other States may make such demands if Meghalaya’s request for exemption from implementation of Central laws is considered is therefore not in line with the spirit of the Sixth Schedule,” he added.
Sangma, however, expressed gratitude to the PMO for quickly responding to his request in intervening into the National Green Tribunal (NGT) ban on coal mining in Meghalaya and initiate measures to grant relief to the affected people.
“The NGT ban has affected the state and the people but the bigger picture is long pending clear cut solution to the conflict between central laws and the customary rights of our people which no successive government has been able to solve. This government is clear in its intent to strive sincerely towards finding a permanent solution to this problem,” he said.
He also said that the exercise to find a permanent solution to the problem has started since May and he hoped that a solution could be soon found out so that the Sixth Schedule is implemented both in letter and in spirit.
The committee of secretaries constituted by the PMO headed by Cabinet Secretary Ajit Kumar Seth to work out a “harmonious solution” on the coal mining issue in Meghalaya met in New Delhi on Monday.
The members include the Union home secretary, Union coal secretary, Union mines secretary, Union law secretary and the Meghalaya chief secretary. The committee was first scheduled to meet on September 15, but was postponed.