Dimapur, April 24 (MExN): The decision of the Nagaland Government to constitute a committee to review royalty collection of minor minerals has found opposition from the Director, Geology & Mining Department.
The Nagaland Government in a notification on April 23 had constituted a committee to examine the applicability of Nagaland Minor Mineral Concession Rules (NMMCR) 2004 vis-à-vis the various Acts/Rules and directions from the Supreme Court and National Green Tribunal and to recommend regulatory measures in consonance with existing Acts and Rules with adequate environmental safeguards. The notification was issued by State Chief Secretary Temjen Toy.
“Consequently, all matters pertaining to the collection of boulders, stone, sand etc. stand reverted back to the EF&CC department till the Committee submits its report,” the notification had stated.
However, the Director of Geology & Mining, Wanthang Rengma, in a press release on Tuesday voiced opposition to the move arguing that the review of royalty collection has been taken care under the provision of the NMMCR 2004.
The Director of G&M reminded that the state government in 2016 had constituted a review committee for implementation of the NMMCR 2004 which had recommended the Department of Geology & Mining to make the NMMCR 2004 operational.
Rengma also reminded of the joint meeting of the two departments on October 28, 2017 which was attended by the respective ministers and the chief minister. During the meeting, it was decided that the Geology and Mining Department will implement the NMMCR 2004 by granting mining leases/permits and levy royalty on minor minerals and the EF&CC shall take steps to amend the Forest Act 1968 and delete wherever minerals are listed as Forest products and lay in the Nagaland Legislative Assembly in the winter session 2017, Rengma stated.
Further contending that the Nagaland Minor Mineral Concession Rules 2004 was framed under Section 17 of the Nagaland (Ownership Transfer of Land and Its Resources) Act, 1990, which was enacted under the special provision of Article 371 A of the constitution to regulate and control Land and its Resources of the State, Rengma insisted that enforcing any Central Act or Rules in the State “may infringe the very special provision enshrined in Article 371 A.”
The G&M Director – who has been made a member of the recently formed committee – further argued that constituting a committee under the chairmanship of the Principal Secretary Forest to examine the role and applicability of NMMCR 2004 “is a violation of the joint meeting decisions dated 28.10.17 and subsequent recent Govt. Notification dated 2nd April, 2018 and the rules of executive business 2016.”
“It also undermines the recommendation of the high level committee constituted by the State Govt. on the same subject matter which has already brought to its logical conclusion,” Rengma added.
The G&M Director further maintained that the department has been granting Mining Leases/quarry permits and levying royalty on Minor Minerals pursuant to Govt. Notifications No. GM-5/EXPL-15/2001(Pt) dated January 24, 2017 and No. GM-5/EXPL-15/2001(Pt) dated April 2, 2018.
“In the interest of public service,” the department shall continue enforcing the NOTLAR Act 1990, the NMMCR 2004 as assigned under the Rules of Executive Business 2016, the G&M Director added.
