From CK Nayak
Mines and Minerals (Development and Regulation) Amendment Bill gets President’s assent: Vincent Pala
New Delhi: Lok Sabha member from Shillong, Vincent H Pala, on Tuesday reiterated that tribal states including Meghalaya have been empowered to frame rules relating to mining and mineral development in accordance with Article 244 of the Constitution as per the amended Mines and Minerals (Development and Regulation) Amendment Bill, 2015, (MMDRA) which has received assent of the President.
Quoting relevant portion of the amended bill, Pala said that tribal states falling under the Sixth and Fifth Schedules which include Meghalaya will have benefits after Parliament passed the MMDRA last month since it includes an amendment to this effect.
Parliament has adopted an amendment to Clause 9 of the Bill which empowers the concerned state governments under the Fifth and Sixth Schedules to frame rules under the act.
Incidentally, the Movement for Indigenous People’s Rights and Livelihood (MIPRL) had questioned Pala’s earlier statement on the amendment of the bill saying that his statement caused confusion and false hope amongst many in the coal mining areas of Meghalaya.
“Is it not a fact that the said bill has been passed despite the desire of the Congress party in the Rajya Sabha to return the same to the Select Committee but the party was defeated on the floor of the House,” MIPRL co-chairman Sing Mulieh had questioned.
The MIPRL also questioned the stand of the two other MPs – P.A. Sangma (Lok Sabha) and Wansuk Syiem (Rajya Sabha) on the specific sections and exemptions related to mining in Meghalaya.
Informatively, the two MPs did not move any amendment on this particular bill.
MIPRL had also said that the copies of the bill available with them did not reflect the position as stated by the Shillong Lok Sabha member.
Interestingly, the Lok sabha member produced and quoted the relevant portion of the amendment bill which vindicated his stand.
After section 9A of the principal act, the following sections shall be inserted – namely 9B: “In any district affected by mining related operations, the State Government shall, by notification, establish a trust, as a non-profit body, to be called the District Mineral Foundation. The object of the District Mineral Foundation shall be to work for the interest and benefit of persons, and areas affected by mining related operations in such manner as may be prescribed by the State Government. The composition and functions of the District Mineral Foundation shall be such as may be prescribed by the State Government.”
“The State Government while making rules under sub-sections (2) and (3) shall be guided by the provisions contained in Article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas and the Provisions of the Panchayat (Extension to the Scheduled Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”
“The holder of a mining lease or a prospecting license-cum-mining lease granted on or after the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the Central Government.”
“The holder of a mining lease granted before the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the Second Schedule in such manner and subject to the categorization of the mining leases and the amounts payable by the various categories of lease holders, as may be prescribed by the Central Government.”
Article 244 governs the administration of Scheduled and Tribal areas excepting Assam, Meghalaya, Tripura and Mizoram. These four states are governed by the Sixth Schedule of the Constitution.
Following the ban on coal mining by the NGT, Pala had a meeting with Congress chief Sonia Gandhi who consulted AICC general secretary in charge Meghalaya V. Narayanasamy and Opposition leader in Rajya Sabha Ghulam Nabi Azad. After this meeting the amendment to Clause 9 was inserted and the ruling party (BJP) accepted the same, Pala said.
Pala further advised the MIPRL not to create confusion and mislead the public and rather clarify the recorded facts whole issues to the people.