Morung Express News
Dimapur | April 27
Joining the ongoing jurisdiction tussle between the Forest and Geology & Mining department, the Nagaland Geo-Scientist Association (NGA) today asked the State Chief Secretary to clear confusion regarding the implementation of the Nagaland Minor Mineral Concession Rules (NMMCR), 2004 and the constitution of two different committees simultaneously to examine the implementation of act.
A press release issued by NGA Secretary Khikiya Kath and Vice President Kheto Zhimomi informed that the new review committee was constituted on April 17.
In a notification on April 23, the CS had informed the committee headed by Principal Secretary, Department of Environment, Forest & Climate Change (EF&CC) as chairperson was formed to review the act.
The NGA’s letter to the CS stated that as guaranteed under Article 371 (A) of the Indian Constitution, the State Legislature enacted the Nagaland (Ownership Transfer of Land and Its Resources) Act 1990. Accordingly, the NMMCR 2004 was framed “under section 17" of Act to regulate Minor minerals and grant mining leases and other matter related therewith.”
A draft amendment bill of NMMCR 2004 also under examination of the review committee constituted on July 16, 2016 under the chairmanship of the Additional Chief Secretary & Development Commissioner, it said.
In the intervening period, however, the Principal Secretary Forest Department has issued an office memorandum on September 22, 2017 directing to maintain “status quo till confusion over jurisdiction” resolved, it noted.
Consequently, a joint meeting on November 10, 2017 chaired by chief minister and attended by chief secretary and all stakeholders, including departments’ respective ministers, was held. It decided that DoGM will implement the NMMCR 2004 and asked the EF&CC Department to take steps to amend the Nagaland Forest Act 1968 and delete wherever minerals were listed as forest products and lay in the winter session of Nagaland Legislative Assembly in 2017.
Based on the decision, the NGA maintained that the new PDA government issued an administrative order, signed by the CS and approved by the CM, on April 2 authorising the DoGM “to grant mining leases/permits and levy royalty on minor minerals. Further, all permit issued by EF&CC stand cancelled.”
Therefore, it argued that the constitution of another review committee on April 17, 2018 “is contrary to the existing high level committee and requested the government to clarify on the issue. It also asked why within two weeks’ time, the Government had issued two contradictory notifications.
The NGA also requested the Government to keep latest committee constituted under abeyance till “such time the proposed amendment bill for NMMCR, 2004 is finalised by the ongoing committee constituted under the chairmanship of the Additional chief Secretary & Development Commissioner.”
“In the event of failure to address the grievances genuinely, the Association will be compelled to take up the matter with the legal court of law,” it added.
The Director of DoG&M on April 24 had strongly objection the CS’ notification.
