JHADC moves Prez, seeks amendment to mining laws  

Council members unanimously pass resolution seeking earlier mining practice  

Shillong, June 24: 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.

Resolution not influenced by hunger strike: CEM

Jaintia Hills Autonomous District Council (JHADC) chief Thombor Shiwat on Wednesday asserted that the Council’s resolution seeking restoration of earlier coal mining practice in Jaintia Hills was a long-planned move, and not influenced by any political motive or any hunger strike.

Reacting to opposition allegations, the JHADC chief executive member (CEM) said the Executive Committee would not have taken up a matter that should have been addressed much earlier, if it were merely due to pressure tactics.

Shiwat clarified that the EC’s move was not aimed at misleading the public.

“Instead, the EC has been deliberating on it for a long time along with legal experts and the Jaintia Coal Miners and Dealers Association, and not just acting on its own,” Shiwat stated.

Rejecting suggestion that the Council move was prompted by the hunger strike by pro-mining activist Marshall Biam, the CEM said, “Marshall went on hunger strike only after he came to know that the Council along with the Jaiñtia Coal Miners and Dealers Association were going to complete this matter, and only then he took up the issue and went on hunger strike.”

The CEM wondered as to why the hunger strike did not begin when the Council first started pursuing the matter.

He maintained that the Council had no intention of using the resolution for political mileage.

“The Council’s actions are aimed at ensuring that the law permits it and that everyone, from small to large operators, can work together,” he added.

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