SHILLONG, Feb 23: The state government has decided not to challenge the directive of the High Court of Meghalaya that 30% of cess collected “illegally” from cement companies is invested for purchasing specialised equipment for cancer treatment at the Shillong Civil Hospital.
On February 9, the High Court had declared the Meghalaya Cement Cess Act, 2010 as ultra vires and directed the state government to refund 20% of cess collected from two cement companies and to invest 30% of total cess for the cancer wing of the Shillong Civil Hospital.
Chief Minister, Conrad K Sangma on Wednesday said the government will follow the court’s order.
“We are not going to challenge it. We will go ahead with what the court has ordered,” he said.
He admitted that the order will affect the state’s revenue collection but said it will go for a good cause.
The CM said the government had been collecting the cess for the past 12 years after the Meghalaya Cement Cess Act, 2010 came into force.
Earlier, the HC had asked the Comptroller and Auditor General of India (CAG) to ensure 30% of cess collected illegally is invested for purchasing special equipment for cancer treatment at the Shillong Civil Hospital.
While disposing of a PIL moved by Lurshaphrang Shongwan, a division bench of Chief Justice Sanjib Banerjee and Justice W Diengdoh stated the CAG has been required to monitor that the appropriate amount is infused by the state for obtaining advanced machinery for cancer treatment.
“If the facilities available by June 2023 are not adequate to deal with the cancer patients in the state, the petitioner will have liberty to apply afresh in court,” the order said.