Thursday, June 25

JHADC moves Prez, seeks amendment to mining laws

The Jaintia Hills Autonomous District Council (JHADC) has made an appeal to the President of India to amend the central mining laws to allow earlier practice of coal mining in Jaintia Hills in a regulated manner.

The JHADC on Wednesday unanimously passed a resolution moved by JHADC chief executive member Thombor Shiwat during a special session of the Council.

The resolution called for modifications to the Mines and Minerals (Development and Regulation) Act, 1957, the Mineral Concession Rules, 1960, and the Coal Mines (Special Provisions) Act, 2015.

Shiwat cited constitutional provisions, saying Paragraph 12A(b) of the Sixth Schedule empowers the President to “exempt the Autonomous Districts of Meghalaya from Parliamentary laws, or to apply them with necessary modifications as deemed fit by the President.”

He also invoked the Supreme Court’s 3rd July 2019 verdict in State of Meghalaya vs All Dimasa Students Union, Dima-Hasao District Committee, which “clearly stated that local landowners have rights over both the land and the minerals beneath it.”

The resolution proposes a three-tier licensing framework for Jaintia Hills: Tier I for individual, clan or family mining; Tier II for medium-scale cooperative or partnership operations; and Tier III for large-scale industrial mining.

It mandates strict compliance with the Environment (Protection) Act, 1986, Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981, Forest (Conservation) Act, 1980, and directives of the National Green Tribunal and the Supreme Court.

Opposition MDCs, including Leader of the Opposition Awhai Andrew Shullai, Madonbai Rymbai and Rikut Parein, said they did not oppose the resolution but sought amendments to protect the Council’s authority and small-scale miners operating small pits.

Accepting their concerns, CEM agreed to the revisions.

After incorporating the changes, the amended resolution was adopted unanimously in the afternoon sitting, with the opposition expressing satisfaction.

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