Plea to keep State out of central mining laws
SHILLONG: The demand to exempt Meghalaya from the purview of certain provisions of the central mining laws has reached Union Coal Minister Piyush Goyal.
Additional Chief Secretary Y. Tsering recently met ministry officials, who shared the queries of the minister with the official related to the demand made by the State government to exempt Meghalaya from the purview of the Coal Mines (Nationalisation) Act, 1973.
Earlier, armed with a resolution passed by the State Assembly last September, the State government had sent a specific proposal to the Centre to issue a presidential notification in exercising the powers conferred under Paragraph 12A (b) of the Sixth Schedule that says “relevant sections and sub-sections of the Mines and Minerals (Development and Regulation) Act, 1957, shall not apply or shall apply with modifications to the Autonomous Region (Scheduled areas) in the State of Meghalaya and the Coal Mines (Nationalisation) Act, 1973, and the Coal Bearing Areas (Acquisition and Development) Act, 1957, shall not apply to the Autonomous Region (Scheduled areas) in the State of Meghalaya”.
An official source said on Wednesday that the ministry officials wanted to know from Tsering about the implications of the exemption under Paragraph 12A (b) of the Sixth Schedule in other states like Assam, Mizoram and Tripura where there are scheduled areas.
Tsering had replied that while there was no coal mining in Tripura and Mizoram, coal extraction is carried out only in a few pockets in Assam’s Karbi Anglong district.
Moreover, the stand of the State government was that since the specific demand is coming from Meghalaya, the respective states can make their own demands if they want to pursue the matter.
As far as the Mines and Minerals (Development and Regulation) Act, 1957, is concerned the State Government wanted exemption mainly on two grounds. While one is regarding the clause on auctioning coal blocks, which will be impractical as far as Meghalaya is concerned since it is a central subject, and the other hurdle for state miners as per the 1975 Act is to get permission from the Centre to get the mining lease.
The State government wanted the Centre to allow Meghalaya to allot mining lease to the miners since they may find it difficult to regularly approach the Centre.
The official source said the Coal ministry will send its views to the Home Ministry, which in turn will seek a presidential notification so that the central mining laws will not be applicable to Meghalaya.
Even if the Centre approves the proposals of the State government, various forest and environment guidelines and child labour laws will have to be adhered to by it.
Moreover, after the Centre’s clearance, it will depend on the NGT to finally lift the ban on rat-hole mining in the State.