SHILLONG, AUG 27: Deputy Chief Minister Prestone Tynsong on Tuesday said there is no scope under law for exempting any traditional form of mining of minor minerals from the operation and purview of the Meghalaya Minor Minerals Concession Rules (MMMCR), 2016 or Mines and Minerals (Development and Regulation) (MMDR) Act, 1957.
Replying to a zero hour notice, Tynsong said, “It is under the aforesaid circumstances, statutory requirements including the Rules and the unambiguous court rulings which are binding on the sate government the state government had promulgated Meghalaya Mineral (Prevention of illegal mining, transportation and storage) Rules, 2022 which do not permit any transport of minor minerals without securing transport challan as per Form-H of MMMCR, 2016 which inturn would require that the stone boulder is sourced from a quarry or mine which has a legal mining lease or quarry permit.”
“On the face of all the aforesaid rulings of the High Court and Supreme court and the relevant Acts and Rules there is no scope under law for exempting any traditional form of mining of minor minerals from the operation and purview of MMMCR, 2016 or the MMDR Act, 1957 nor for transporting any minor mineral such as boulder stones, sand etc without obtaining transport challan as prescribed under the Rules,”he said.
He said that it is also of concern that violation of these Rules would amount to violation of the MMDR Act, 1957 which is an offence under Section 21 of MMDR Act, 1957.
“Therefore, in view of the extant court Rulings including those of the Supreme Court and the Meghalaya High Court in interpretation of the Constitution of India and prevailing statutes relating to mining and environmental clearance, the existing laws on the matter which are in force in our state perhaps no exemption could be made in favour of either traditional mining of stones or any ther minor mineral from the operation of these statutes or for their transportation,”he added.
Tynsong assured that all steps would be taken to expedite granting mining lease or quarry permit to applicants who approach the department for the same.
“The departmental staff would also be instructed to assist such individuals in helping them fill the relevant applications, and explain them the procedure involved for applying such permits.
After mining lease or quarry permit has been granted to the applicant then he would entitled for Form-H under Meghalaya Minor Mineral Concession Rules, 2016 for transporting the excavated boulder stone or any other minor mineral.
Thereafter neither the miner nor the transporter would face any hurdle in either mining the boulder stone or transporting the boulder stone,” he said.
Meanwhile, Tynsong aso informed that the government is also examining possibility of a single window agency.
However, the government is examining ways and means to make the process, he added further.