Meghalaya Deputy Chief Minister Prestone Tynsong, on August 27 ruled out any law for the exemption of 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.
Tynsong, in response to a zero hour notice in the Assembly which was moved by South Shillong BJP legislator Sanbor Shullai, said, “It is under the aforesaid circumstances, statutory requirements including the Rules and the unambiguous court rulings which are binding on the state government (that) 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.
Furthermore, Tynsong also stated that violation of rules would amount to violation of the MMDR Act, 1957 which is an offence under Section 21 of MMDR Act, 1957.
He said that no exemption can be made on existing laws on the matter which are in force in favour of either traditional mining of stones or any other minor mineral from the operation of these statutes or for their transportation.
Assuring that all steps would be taken to expedite granting mining lease or quarry permit to applicants who approach the department, he said that the staff would also be instructed to assist such individuals in helping them fill the relevant applications. They will also be explained the procedure involved for applying such permits.
“After a mining lease or quarry permit has been granted to the applicant then he would be 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 also informed that the government is also examining the possibility of a single window agency.
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