New Delhi: With increasing law and order problem and decreasing revenue collection due to ban on coal mining in Meghalaya by the NGT, Chief Minister Mukul Sangma has urged the Centre to respond to the challenges as per the Sixth Schedule of constitution to maintain the true federal structure of the country.
“There are certain laws which come into conflict with the customary and traditional laws and practice of poor tribals of the Northeastern states,” Sangma said referring to the Central mining acts applicable all over the country.
“Certain areas of NE can be exempted from its purview under Sixth Schedule,” he said while speaking at the first meeting of the NITI Aayog here on Sunday.
Sangma also demanded for a mechanism to resolve such problems in the spirit of the federal structure. “A case for example is the recent NGT ban on coal mining in the state under the Nationalization of Coal Mines Act, 1973,” he said adding this act can be rescinded for Sixth Schedule areas through a Presidential notification.
The paragraph 12A relates to application of Acts of Parliament and of the Legislature of the State of Meghalaya to autonomous districts and autonomous regions in the State of Meghalaya. The paragraph (b) deals with President’s power to exempt application of any Union law to an autonomous district or an autonomous region in the State of Meghalaya.
“This will enable the state government to regulate mining activities in accordance with Meghalaya Mines and Minerals Policy, 2012,” Sangma said.
Alternatively, the Central mining statues like Coal Mines (Nationalisation) Act, 1973, Mines and Minerals Act, 1957 could be appropriately modified allowing the state government and the regional office of the Indian Bureau of Mines to regulate the mining in the state.
Earlier, in a letter to the Prime Minister Sangma suggested to invoke 12A(b) of the Sixth Schedule so that application of central laws relating to mining may be rescinded through a Presidential notification. But the Chief Minister made it clear that laws relating to environment, forest and child labour must remain under Union domain as earlier.
Meghalaya is facing increasing violence and falling revenue due to total ban on coal mining by the NGT.
