SHILLONG: As the Supreme Court order does not give any power to the district councils for coal mining related issues, the Opposition Chief Whip and Congress legislator PT Sawkmie has asked the state government to seek a review of the order.
Sawkmie, who consulted legal experts, said it is clear from the Supreme Court order which said that the District Council does not have any power to make any law with regard to grant of mining lease. The mining leases for mining the major minerals have to be granted in accordance with 1957 MMDR Act and Mineral Concession Rules, 1960.
The court had also pointed out that there is nothing in Sixth Schedule of the Constitution which in any manner excludes the applicability of MMDR Act, 1957 in the tribal areas of Meghalaya.
On Wednesday, MDC Augustine R. Marak, who is also the Chairman of GHADC High power Committee, had said powers of Councils will not be affected as the state government cannot overlook the Article 244 of the Constitution while making the rules related to the administration of the Scheduled Areas and Tribal Areas.
However, Sawkmie said the Article 244 only speaks about the administration of scheduled areas and not mining issues.
The GHADC leader had claimed that the paragraph 9B of the MMDR Act 2015 clearly mentions that the state government, while making rules under sub-sections (2) and (3), will be guided by the provision contained in Article 244 read with fifth and Sixth Schedule to the Constitution relating to the administration of Scheduled Areas and Tribal Areas and the provision of the Panchayats (extension to the Scheduled Areas) Act 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forests Rights) Act. 2006.
According to Sawkmie, 9B of MMDR Act only refers to District Mineral Foundation which states that in any district affected by mining related operations, the state government will, by notification, establish a trust or a non-profit body, to be called District Mineral Foundation.
