Department of geology & mining (DoG&M) has objected to the recent constitution of a committee for review of royalty collection relating to minor minerals, saying the move appeared to be overriding of the previous notification dated April 2, 2018.
In a press release, G&M director, Wanthang Rengma, pointed out that the government in 2016 had constituted a review committee for implementation of the Nagaland minor minerals concession rules 2004, which was kept dormant for more than a decade because of forest department collecting royalty on minor minerals. Rengma said that the said committee recommended the department of geology & mining to operationalise the Nagaland Minor Mineral Concession Rules 2004 (NMMCR2004) as per rules of the executive business 2016. Accordingly, the director said an administrative notification was issued and published in an extra ordinary Gazette. However, he said the forest department continued to collect royalty on minor minerals despite government authorising the G&M department to implement NMMCR 2004.
Rengma said the forest department, overriding the aforesaid notification signed by the chief secretary, at the rank of principal secretary, has issued another OM directing to maintain status quo, creating confusion.
Due to this confusion, the director said the sand and boulders union had lodged complaint and requested the government to clarify as to why they should pay double tax under the same government.
In this regard, Rengma said the government at the level of chief secretary convened a joint meeting on October 28, 2017, which was chaired by chief minister.
At that joint meeting, attended by chief secretary, the forest department was represented by minister forest, principal secretary forest, secretary forest, PCCF, and senior Officers while G&M department was represented by Minister G&M, additional secretary, director, and some senior officers.
The director said the meeting decided that G&M department would implement the NMMCR, 2004 by granting mining leases/permits and levy royalty on minor minerals and the EF& CC would take steps to amend the Forest Act 1968 and delete wherever minerals were listed as forest products and lay in the Nagaland Legislative Assembly in the winter session 2017.
Further, Rengma said that after installation of the new PDA government an administrative order vide No. GM-5/EXPL-15/2001(Pt) dated April 2, 2018 based on the above decision signed by the chief secretary was notified, which has the approval of the present chief minister.
G&M director, therefore, stated that constituting of a review committee at the moment appeared to be void as the same has been taken care under the provision of the NMMCR 2004, which was under the prerogative of G&M department to address the issue.
He also reminded that NMMCR 2004 was framed under Section 17 of the Nagaland (Ownership Transfer of Land and Its Resources) Act, 1990, which was enacted under the special provision of Article 371 A to regulate and control land and its resources of the state.
G&M director pointed out that under the special provision of Article 371A, no act of Parliament would be applicable to the State of Nagaland unless the NLA so decides by a resolution, adding that the NLA thus far has resolved not to apply any Act of Parliament in the State.
Therefore, he said that the Forest Act 1927 or Mines and Mineral (Development and Regulation) Act 1957 were not applicable in the State of Nagaland.
G&M director said that enforcing any Central Acts or Rules in the State could infringe the very special provision enshrined in Article 371 A of the Constitution.
Further, he said that constituting a committee under the chairmanship of the principal secretary forest to examine the role and applicability of NMMCR 2004, which was a subject matter of G&M was a “violation of the joint meeting decisions” dated October 28, 2017 and recent government notification dated April 2, 2018 and the rules of executive business 2016.
The director said that it also undermined the recommendation of the high level committee constituted by the state government on the same subject matter, which has already brought to its logical conclusion.
Stating that as per government notifications No. GM-5/EXPL-15/2001(Pt) dated January 24, 2017 and No. GM-5/EXPL-15/2001(Pt) dated April 2, 2018, the G&M department has been granting mining leases/quarry permits and levying royalty on minor minerals, the director underscored that the department “in the interest of public service” would continue enforcing the NOTLAR Act 1990, the NMMCR 2004 as assigned under the Rules of Executive Business 2016.