Powers of ADC will not be diluted: Conrad to JHADC

Syllad | The Rising MeghalayaAugust 4, 2019

JOWAI: The Jaintia Hills Autonomous District Council (JHADC) urged the State Government to retain the provision for obtaining no objection certificate from the concerned Autonomous District Council for land use in case the applicant is a company, firm, co-operative society or non tribal as a necessary document for the grant of Quarry Permit.

This was necessitated in view of the notification issued by the Government of Meghalaya, Mining and Geology Department Notification No.MG.49/2011/Pt-I/86 dated 24/01/2019 notifying the “Meghalaya Minor Minerals Concession (third Amendment) Rules, 2018″ an amendment of Rule 6 (1) substituting clause (g). The clause”(g) No Objection Certificate from the concerned Autonomous District Council for land use in case the applicant is a company, firm, co-operative society or non tribal”.

The Amendment would adversely affect the land tenure system in Jaiñtia Hills and erode the authority of the District Council, the JHADC exhorted upon the Government to de-notify this amendment and instead the original wordings to be retained as indicated below: (g) No Objection Certificate from the concerned Autonomous District Council.”

“The amendment of Rule 24 of the Meghalaya Minor Minerals Concession Rules, 2016 may kindly be made for incorporation of provision specifying a “No Objection Certificate” from the District Council as a necessary document for the grant of Quarry Permit,” according to the JHADC.

This was one of the eight points memorandum submitted by a delegation of MDC from JHADC led by Chief Executive Member Thombor Shiwat submitted a memorandum to Chief Minister Conrad K Sangma on Friday, last to seek his intervention in several matters concerning the State Government-JHADC relations.

Sangma told the delegation of the JHADC MDC that he will ensure the powers of Autonomous District Council (ADC) are not diluted while also concurring to need to relook into the Supreme Court’s ruling and Meghalaya Minor Minerals Concession (third Amendment) Rules, 2018.

Regarding mining of coal according to the provisions of MMDR Act, 1957 and Mineral Concessions Rule, 1960 as per Supreme Court Judgment, Shiwat said it may no longer be legally possible for the State Government to collect Royalty on coal, since the power to give reconnaissance license or prospecting license or lease shall lie with the private land owners, of course with the approval of the Central Government. He also urged the Government to examine the matter properly so that in any case both the State Government and the District Council shall not suffer any lost in terms of revenue from coal mining and trade thereof.

The memorandum read as per the Supreme Court’s ruling the State Government has ample powers and jurisdiction under the MMDR Act, 1957 and the Minerals Concessions Rules, 1960 to check, control and prohibit coal mining operations in Hills District of Meghalaya and as per Section 23 (C) of the MMDR Act, 1957 empowers the State Government to make rules for preventing illegal mining, transportation and storage of minerals.

He also stated that although the power to give lease lies with the private land owner, yet, the State Government has ample powers and jurisdiction to check, control and regulate mining operations in Meghalaya under the MMDR Act, 1957 and the Mineral Concession Rules, 1960.

Stating that the State Government will have to make Rules for collection of fees etc instead of Royalty in respect of the coal mining activities as may be allowed in the Central Law, Shiwat urged the Government to take the Autonomous district Council into confidence and the interest of the council be ensured.