Nagaland Geo-Scientist Association (NGA) has sought clarification from the state government on the confusion between the department of geology and mining (G&M) and the department of Environment, Forest & Climate Change (EF&CC) over the implementation of the Nagaland Minor Mineral Concession Rules (NMMCR), 2004.
In a representation to the state chief secretary, the NGA vice president, Kheto Zhimomi, and secretary, Khikiya Kath, also requested the government to clarify on constitution of a new review committee dated April 17, 2018 under the chairmanship of the principal secretary, EF&CC.
NGA pointed out that a high level review committee under the chairmanship of development commissioner involving the departments of G&M, works and housing, irrigation & flood control, home and EF&CC was constituted to review the implementation of NMMCR 2004 vide No. GM-5/EXPL-15/2001(Pt) dated July 16, 2016.
On November 30, 2017, the aforesaid committee at its meeting decided to operationalise the NMMCR, 2004 and to move for amendment of the NMMCR 2004 and to induct Nagaland Pollution Control Board (NSPCB) as member.
Based on the decision of the review committee, the state government issued a notification vide no. GM-5/EXPL-15/2001(Pt) dated 24.01.17 to operationalise NMMCR 2004.
In the meantime, NGA said the principal secretary forest department issued an office memorandum vide no. FOR/GEN-21/2016 dated September 22, 2017 directing to maintain status quo till confusion over jurisdiction between G&M and EF&CC was resolved.
In view of above, it said a joint meeting of the departments of G&M and EF&CC was held on October 28, 2017. NGA said the joint meeting, chaired by chief minister and attended by chief secretary, decided that G&M department would implement NMMCR 2004 by granting mining leases/permits and levy royalty on minor minerals and the EF&CC department would take steps to amend the Nagaland Forest Act 1968 and delete wherever minerals were listed as forest products and lay in the Nagaland Legislative Assembly in the winter session 2017.
Based on the decision taken at that meeting, NGA said following the installation of the new PDA government an administrative order vide No. GM-5/EXPL-15/2001(Pt)/ dated April 2, 2018 signed by the chief secretary was notified, which has the approval of the chief minister authorising the G&M department to grant mining leases/permits and levy royalty on minor minerals. Further, all permit issued by EF&CC stand cancelled.
However, NGA said that contrary to the existing high level committee, which was still examining the draft amendment bill of the NMMCR 2004, another review committee was constituted by the forest department under the chairmanship of the principal secretary (AHoD, EF & CC) vide notification dated April 17, 2018, to review royalty collection relating to minor minerals and examine the applicability of the NMMCR 2004.
In the light to the above, the NGA has asked to clarify why government constituted another committee when there was already a high level committee constituted by the government and why within two weeks’ time the government issued two contradictory notifications.
Therefore, the NGA has requested the government to keep the review committee constituted under the chairmanship of the principle secretary, EF&CC department under abeyance till such time the proposed amendment bill for NMMCR, 2004 was finalised.
In the event of failure to address the grievances genuinely, the association cautioned that it would be compelled to take up the matter with the legal court of law.