Shillong, July 31: The Chief Minister of Meghalaya Dr Mukul Sangma on the 28th this month has sent a DO letter to the prime minister of India Mr Narendra Modi on the national Green Tribunal (NGT) banning coal mining in the state of Meghalaya, the letter read as,“ I write this in connection with the important and sensitive matter of mining of coal in Meghalaya which I had raised earlier with the Prime Minister’s office vide my letter no. MG 73/2010/ 297 dated 5″ May 2014. Coal mining in the State is carried out largely by private operators through manual operations.
Over time, coal mining has grown as a major source of livelihood for people and of revenue for the Government Meghalaya’s coal has helped promote industrial investment in the North East particularly in cement, paper mills and ferro alloy units which support steel industry and railways across the country as a vital raw material, brick kilns in North India besides other industries. The Bongaigaon Thermal Power Station of NTPC is also likely to rely on this coal in a major way. In addition, a significant amount of coal is exported earning valuable foreign exchange.
However, mining in the State has been largely unregulated. The provisions of the Mines Act and other mineral laws are not being enforced at present. On account of this, there have been some adverse effects of coal mining in terms of pollution of water sources and bodies, damaged landscape, and degradation of environment Unscientific mining has been a safety hazard to those working in the mines and the abandoned underground pits to the local population. The State Government has been trying to deal with this situation and with a view to facilitating systematic, scientific and planned utilisation of mineral resources and bringing mining within the fold of regulatory regime; we had promulgated the Meghalaya and Minerals Policy, 2012. In the implementation of the aforesaid Policy, a few issues have cropped up, for which we now seek the support and help of the Central Government
The Constitutional position in relation to applicability of Central laws governing mines and minerals to the State of Meghalaya appears to be fairly clear. Paragraph 12A @) of the Sixth Schedule provides that the President may, with respect to any Act of Parliament, by notification, direct that it shall not apply to an autonomous district or an autonomous region in the State of Meghalaya, or shall apply to such district or region or any part thereof subject to such exceptions or modifications as he may specify in the notification and any such direction may be given so as to have retrospective effect It does not appear that any notifications to this effect were issued by the President Therefore, all the Central laws relating to development and regulation of mines and minerals would be applicable to Meghalaya, unless a specific exception has been made in any specific legislation.
The State Government has held the view that it is the owner of minerals found within the State. This is reinforced by the fact that the State Government has been levying and collecting royalty on minerals all along. However, in the context of Meghalaya, a paradoxical situation is created on account of different interpretation of the concept or definition of “ownership of land”.
In common parlance, right over land would mean the right over the surface of the land. However, in Meghalaya, it is claimed that right over land means right over the surface and what stands on the surface (viz. forest, water] as well as what is underneath [viz. minerals). This contention is based on customary laws, rights and practices which have been in place since time immemorial.
Paragraph 3(1)(a) empowers the District Councils to make laws with respect to allotment, occupation or use, or the setting apart, of land, othek- than any land which is a reserved forest for the purposes of agriculture or grazing or for residential or other non-agricultural purposes or for any other purpose likely to promote the interests of the inhabitants of any village or town. It seems that the District Councils in Meghalaya have not framed any legislation in this behalf, and, therefore, the field is occupied by customary laws, rights and practices.
When the State of Meghalaya was created, the then Government had taken this matter up with the Central Government and had suggested that the customary rights and practices followed in relation to coal mining in the State thus far should not be disturbed. The Central Government had also responded by assuring that it had no intentions of interfertng with the customary tribal rights or causing any hardship to them. The letter from the then Union Minister of Energy bearing D.O. No. EM/S/309/87 dated July 2,1987 in this regard refers [a copy enclosed for ready reference). This has led to a situation where the indigenous mine developers/ operators did not take out any license or lease from the Government, nor were the other mining or environmental regulations enforced on them.
Against this background, now the Policy would require the mine owners/ operators to subject themselves to the regulatory and statutory framework In the meanwhile, the National Green Tribunal (NGT) has put on hold all coal mining activities pending operationalising of a scheme to meet statutory requirements of environment protection and safety. This sudden enforcement is already causing immense hardship to the mine owners/ developers/ operators and others associated with mining in the State. This is being exploited by vested interests through a misinformation campaign creating a perception that mining tights of indigenous tribal people are being taken away by both the Union and the State Government This has the likely ramification of creating a sense of alienation amongst people at large.
In the context of the Coal Mines (Nationalisation) Act, 1973, the ftrst issue would be whether they (private owners/ operators) would be allowed to carry on coal mining. And even if permitted, they would be required to obtain the mining lease from the Central Government, even for very small deposits/ mines. Similarly, mining plan would need to be approved by the Ministry of Coal.
Clearances from the Coal Controller and the Director General of Mines Safety would be required to be obtained, and they do not have any offices in the State or region. This has given rise to certain apprehensions and anxieties among the people, and thereby, reservations against the Mines and Mineral Policy of the State. There could be the following possible alternative approaches to deal with the situation: Invoking paragraph 12A @) of the Sixth Schedule, so that application of Central laws relating to mining may be rescinded through a Presidential notification. Thereafter, the State Legislature shall make appropriate legislation to regulate mining in the State in accordance with the Meghalaya Mines and Minerals Policy, 2012. However, the Central laws relating to environment, forest, child labour etc. should continue to apply.
Again taking advantage of paragraph 12A @) of the Sixth Schedule, and through a Presidential notification, certain provisions of the Central mining related statutes such as the Mines and Minerals [Development and Regulation] Act, 1957, the Coal Mines (Nationalisation) Act, 1973 etc. could be appropriately modified allowing the State Government to grant the prospecting license or mining lease in respect to coal, given the small size of deposits and mines being operated. Similarly, for approval of mining plan and mine closure plan, either the State ~overnmencto uld be authorised or the Ministry of Coal may authorise the regional office of the Indian Bureau of Mines to grant the approval. However, the other regulatory framework relating to safety of operations, environmental management plans, forest clearances, restrictions on child labour, and all other aspects should be strictly enforced by the concerned designated authorities/ agencies.
I would be grateful if this proposal could be considered on priority, as this will serve the twin objectives of protecting the interests of all those associated with coal mining in the State as well as bringing the mining operations under the fold of regulatory regime. Said the Chief minister in the letter.(SP News)
