Dimapur, Sep. 26 (EMN): The Directorate of Geology and Mining has on Tuesday offered the department's version of justification for collecting sand tax and instead questioned the 'irrationality' of the Principal Secretary's order that allowed the forest department to continue the collection of sand tax.
The issue came to light when the Sand Stockist and Suppliers's Union Dimapur has questioned the taxation by both the departments resulting in double taxation, that was published in some local newspapers on Tuesday.
The Director of Geology and Mining Wanthang Rengma stated that under the Nagaland Minor Mineral Concession Rules, 2004 its department is the one that should collect the sand tax.
"The Nagaland Minor Mineral Concession Rules, 2004(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 1st March 2005 and the authorized Nodal Department to enforce the aforesaid rule is the Department Geology and Mining, " he stated.
However, he stated that the Department could not implement the rules forest department "continues to collect royalty on sand and gravels, boulders etc. till date".
He also stated that the forest department was already directed to amend those Acts that empower it to collect such taxes that contradict with the Geology and Mining Department in 2011.
"The Forest department is claiming that rock; sand, minerals, stones, boulders, limestone, laterite, mineral oils and all minerals produce from mines and quarrie.s as forest produce stating that it was listed in the Nagaland Forest Act, 1968 and the Nagaland Jhumland Act, 1970. It may be pertinent to state here that when the Nagaland Coal Policy and Rules, 2006 came into force, the said issue was deliberated at the highest level on 11.10.2011 in the conference hall of the Chief Secretary, Nagaland. Wherein, 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, " he stated.
Thereafter in November 2016 , he stated that review committee recommended to implement the Nagaland Minor Mineral Concession Rules, 2004 "immediately".
"It may be stated here that the review committee constituted under the Chairmanship of the Additional Chief Secretary & Dev. Commissioner, has already recommended dated 30.11.16 to operationalize the Nagaland Minor Mineral Concession Rules, 2004 immediately, pending finalization of the amendment part, which is under consideration of the Govt./Committee. Wherein, the Forest department was represented in the said meeting at rank of CCF and Jt. Secretary and based on which, the State Govt. has notified for operationalization of the NMMCR, 2004 signed by the Chief Secretary, Nagaland, and under the strength of the said notification, the Department of Geology and Mining is now implementing the aforesaid rules", he stated.
"Therefore, question of confusion between the two department jurisdictions and maintaining of status quo at the direction of the Principal Secretary appears to be irrational," he further stated.
