Council seeks Presidential modification of mining rules under Sixth Schedule
to recognise tribal mineral rights
JOWAI/SHILLONG, June 24: In a significant move, all 30 MDCs of the Jaintia Hills Autonomous District Council (JHADC) unanimously passed two resolutions during a Special Session on Wednesday, demanding that the Government of India immediately lift the coal mining ban imposed by the National Green Tribunal (NGT) in April 2014 and seeking Presidential modification of key central mining legislations under Paragraph 12A (b) of the Sixth Schedule to recognise tribal mineral rights.
Supporting the first resolution, the Council stated that resuming mining activities would benefit both the people of Jaintia Hills and the financial position of the District Council. This is the first time the JHADC has directly and formally appealed to the central government to remove the ban.
Members argued that over the past 12 years, the ban has severely impacted the Council’s revenue as challans are no longer in use and royalty collections from beat houses and check gates have stopped. This financial shortfall has hampered the Council’s ability to carry out developmental works such as improving drinking water facilities, repairing schools, renovating community halls, and other public welfare activities.
Both past and present MDCs have repeatedly highlighted how the NGT ban has affected the Council’s functioning.
Incidentally, the Meghalaya government has decided to approach Prime Minister Narendra Modi and the Union Coal Ministry seeking relaxation in the 100-hectare land requirement norm for scientific coal mining, which miners say is impractical for the state’s terrain. They have proposed reducing the minimum land requirement to around 4–5 hectares to enable small-scale legal mining.
Tribal mineral rights
While adopting the second resolution on recognition of tribal mineral rights, the MDCs argued that existing laws do not adequately reflect the tribal land ownership system in Jaintia Hills, despite Supreme Court recognition of tribal rights over surface and sub-soil resources.
Amendments moved by Chief Executive Member Thombor Shiwat restricted the proposal to small-scale individual, family, clan, cooperative and partnership-based operations (0.5 hectare limit) and confined it exclusively to Jaintia Hills. Royalty-sharing will be worked out jointly by the state government and the district council.
The council stressed that all environmental, forest and pollution control laws, along with Supreme Court and NGT directions, would remain enforced.
The resolution will be forwarded to the Governor, state government and central ministries.
A Jaintia Hills Tribal Mineral Resource Registry will also be created to document tribal mineral rights, the CEM announced.
