To beat ban, MMDC to take coal mining

 By Our Reporter

SHILLONG, MAY 3: The state government today proposed the Meghalaya Mineral Development Corporation Limited (MMDC) carry out mining activities in the state as per provisions of the MMDR Act.

The new approach is to revive coal mining activity in Meghalaya by roping in the MMDC which was proposed during the first consultative meeting held with coal miners in the state capital on Wednesday.

The meeting was also attended by home minister HDR Lyngdoh, MLA Justine Dkhar besides senior government officials.

It may be mentioned here, the National Green Tribunal (NGT) had imposed a blanket ban on unscientific coal mining in the state for the past three years since April 17, 2014, which affected the economy of the state and its people.

Under section 11 A (3)(a) of the Mines and Minerals (Development & Regulation) Act 1957, the MDDC is eligible to apply for mining lease for operation of coal mine under existing acts and rules with the consent of the people of the state.

The meeting also stated that the allocation of the coal block to the state government company or corporation can be done without going into auction process.

The step was taken  as  under the Coal Mines (Nationalization) Act, 1973, the local coal mine operators are not eligible to undertake coal mining except subleasing from the government company or corporation.

“The MMDC can act on behalf of the people or mine owners by coming up with arrangement in respect to the terms and conditions which is mutually acceptable since the mining activities will be done over the land of the people,” chief minister Mukul Sangma told reporters after the meeting.

“By virtue of the right being extended to MDDC as a mine/land owner, certain revenue sharing model can be accordingly structured,” he said.

“This has to be mutually discussed and accepted by the people/miners which then we can have an opening and ensure all procedures as per the statutory laws will be complied and mining activities can be at-least be restored.”

He said the relevant section of the MMDR Act states that in the event of mining lease to be given by government of India to any state Government Company they need not be routed through auction.

Stating that the purpose of the meeting was to present this option before the stakeholders, he said, “The miners can take advantage of this relevant section of MMDR Act through mutually acceptable term and condition.”

Meanwhile, the state government is still waiting for the Centre’s approval on the proposal for invoking Para 12 A (b) of the Sixth Schedule to ensure provisions of the central laws related to coal mining is exempted in Meghalaya.

“Based on the resolution which was unanimously adopted by the state Assembly, we had taken up the matter with the Centre in order to restore the right of ownership,” he said.

According to him, the relevant provision of the Coal Mines (Nationalization) Act, 1973, can be rescinded through a presidential notification.

He however said but waiting (for approval of Centre) itself is a tough job as it (ban on mining) has dislocated number of activities which is linked to small and medium scale industries in the state and outside, which are dependent on coal from the state.

“Therefore, we need to look at other option while we continue to pursue with Centre in respect of invocation of Para 12 A (b) of the Sixth Schedule,” he added.

Appealing to all concerned to stop politicizing the issue of coal mining, Sangma said, “Since now we have already found a way out, let us stop politicizing and proceed with this available mandate of the law.”

Earlier in a presentation on the proposal during the meeting, it stated that the MMDC will act as a facilitator cum miner for the land/mine owners and individual mine owners have to willingly approach MMDC Ltd for taking up mining of coal.

It also said land/mine owners will have to allow their land to be utilized by MMDC Ltd temporarily for the lease period to enable MMDC to obtain mining lease over that area for mining of coal for which revenue sharing pattern can be worked out.

According to presentation, the mining will be done on purely scientific method as per the provisions of the MMDR Act 1957 and the Mineral Concession Rules, 1960.

On its roles and responsibilities, MMDC will also act as facilitator to obtain prospective licenses, mining leases, arrange for forest clearance and EMP clearance, coordinate with mine/land owners and MDO, interact and liaise with the state government.

Further, two models of operation which includes sub-leasing and mine developer cum operator (MDO) was also proposed in the context of the state.