Dimapur, April 28 (EMN): An organisation called the Nagaland Geo-scientists’ Association (NGA) has sought from the Nagaland government clarification about the roles of the department of Geology and Mining and the Environment, Forest & Climate Change. Clarification has been sought specific to the implementation of the Nagaland Minor Mineral Concession Rules of 2004 and the constitution of a new review committee on April 17 2018 led by principal secretary for Environment, Forest & Climate Change.
In a representation addressed to the state’s chief secretary, the NGA stated that Nagaland enjoys a special status through the provisions of Article 371 (A) of the Constitution of India with respect to land and resources in the state. The association stated that application of the Indian Forest Act of 1927 or the MMDR Act of 1957 in the state infringes upon the very special provisions of Article 371 (A) granted to Nagaland.
The state’s government had enacted a legal framework the Nagaland (ownership transfer of land and its resources) Act 1990 (Act 1 of 1993), in short Notlar Act of 1990, which is being enforced in the state.
The Nagaland Minor Mineral Concession Rules of 2004 was framed under section 17 of the Notlar Act to regulate minor minerals and grant mining leases and other related matters. Minor minerals being the subject matter of geology and mining, the association stated that department of Geology and Mining was declared the competent authority to implement it and amend provisions wherever necessary in line with the ‘traditional and customary right of the Nagas.’
The association referred to a joint inter-department meeting convened by the chief secretary in 2016 during which it was decided that the Nagaland Minor Mineral Concession Rules of 2004 would be made operational. The departments of Geology and Mining, and of Forest were entrusted with ensuring environment protection measures.
The group stated that after installation of the new government, an administrative order dated April 2 2018, signed by the chief secretary was issued, with the approval of the chief minister authorising the department of Geology and Mining to grant mining leases / permits and levy royalty on minor minerals. The group stated that all the permits issued by EF&CC stands cancelled.
The NGA has sought clarification from the government about constituting another committee when there already was a high-level committee constituted by the government, which was actively on the job. It questioned why the government had to issue two contradictory notifications within two weeks which the department of Geology & Mining had been authorised to administer and manage minor minerals in accordance with the Rules of Executive Business of 2016.
The organisation has requested keeping the review committee, of the principle secretary of EF&CC department, in abeyance till the proposed amendment bill for NMMCR 2004 is finalised by the ongoing committee led by the additional chief secretary and development commissioner.
It added that the association would be compelled to take the matter to the courts in the event of failure to address stated grievances.
