DIMAPUR, SEPTEMBER 26 (MExN): The Directorate of Geology and Mining, Nagaland today stated that there should be no confusion between the aforesaid department and the Nagaland State Forest Department with regard to the implementation of the Nagaland Minor Mineral Concession Rules, 2004 (NMMCR 2004).
Director of Geology and Mining, Wanthang Rengma issued a press statement informing that the NMMCR 2004 was framed under section 17 of the Nagaland (Ownership and Transfer of Land and Its Resources) Act, 1990 (Act 1 of 1993) in line with the special provision of Article 371 A of the Indian constitution and the same was laid in the Nagaland Legislative Assembly and Notified in the Nagaland Gazette Extraordinary No. 52 dated March 1, 2005 and the authorized Nodal Department to enforce the aforesaid rule is the Department Geology and Mining. The aforesaid rule came into force from the date of its publication.
However, the department stated that it could not operationalize the rules “as the Forest Department continues to collect royalty on sand and gravels, boulders etc. till date.”
In the meantime, it informed that as per rules of executive business, the Department of Geology and Mining is made responsible to answer all legal and illegal issues pertaining to extraction of minor, major minerals including oil involving both within and outside the State. The department has to attend various court cases, implement court verdicts, file affidavits and regularly submit data/information on various minerals sought by the Parliament/Central Govt. However, in absence of legal framework, the normal functioning of the department is adversely affected, it lamented.
With regard to the Forest Department’s claim that rocks, sand, minerals, stones, boulders, limestone, laterite, mineral oils and all minerals produce from mines and quarries as forest produce stating that it was listed in the Nagaland Forest Act, 1968 and the Nagaland Jhumland Act, 1970; the Geology and Mining Department reminded that when the Nagaland Coal Policy and Rules, 2006 came into force, the said issue was deliberated at the highest level and the Forest Department was directed to take steps to amend the Nagaland Forest Act, 1968 as coal was listed as mining produce in the Nagaland (Ownership and Transfer of Land and Its Resources) Act, 1990.
“Therefore, minerals including coal and mineral oil fall within the jurisdiction of Geology and Mining Department even as per Rules of Executive Business of the Govt. Therefore, with the coming into force of the Nagaland Minor Mineral Concession Rules, 2004 under rule 2, any rules pertaining to quarrying or collection of royalty on minor minerals within the State of Nagaland from forest or non-forest areas contained in any rules of Nagaland immediately before the commencement of these rules were repealed from the date of its notification,” it stated.
It further informed that the review committee constituted under the Chairmanship of the Additional Chief Secretary & Development Commissioner had on November 30, 2016 recommended operationalisation of the NMMCR immediately, pending finalization of the amendment part, which is under consideration of the Government/Committee. It added that the Forest department was represented in the said meeting at the rank of CCF and Jt. Secretary and based on which, the State Government had notified for operationalization of the NMMCR, 2004 signed by the Chief Secretary, Nagaland.
Under the strength of the said notification, the Department of Geology and Mining is now implementing the aforesaid rules, it informed, while maintaining that “question of confusion between the two department jurisdictions and maintaining of status quo at the direction of the Principal Secretary appears to be irrational.”
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