After NCTC, Naveen seeks modifications in mines

BHUBANESWAR: After opposing establishment of the National Counter Terrorism Centre (NCTC) in its present form, Chief Minister Naveen Patnaik on Saturday demanded modification in certain provisions, proposed in the MMDR (Mines and Mineral- Development and Regulation) Bill, 2011, on the ground that these would infringe on the rights of state governments.In a letter to Prime Minister Manmohan Singh, the Chief Minister said the proposed Bill makes an attempt to transfer certain powers and functions, now being exercised by states, to the Central Government.Stating that regulation of mines and mineral development is basically a State subject, Naveen maintained that the Union Government, while making laws on mineral development, should not give to itself the supervisory role over the states.Under entry 54 of the list-1 of the Constitution, the Union Government has been given limited legislative powers to control only to such an extent as regulation of mines and mineral development for which a declaration is made by Parliament by law to be expedient in public interest, he said.Welcoming establishment of National Mining Regulatory Authority (NMRA) only in an advisory capacity, Naveen pointed out that it should in no way give direction to states or initiate legal investigation and lodge prosecution. ‘’The Bill encroaches on the domain of state governments and not keeping with the federal structure envisaged in the Constitution,” he said in the letter.Under Section 58 (1) of the proposed Bill, there is a provision that the Centre will establish a national authority to be known as National Mining Regulatory Authority in relation to major minerals (other than coal). The proposed authority and its officers have powers to peruse all records, material evidences or persons accused of contravening any of the provisions or committing any of the offences under the act, Naveen said, adding that all proceedings before the authority in discharge of its functions will be deemed to be judicial proceedings. The NMRA will be deemed to be a civil court. Section 69 of the Bill authorises the authority to entertain complaints recording commission of offences under the act, get them probed through its own investigating officers and institute prosecutions throughout the country. “Therefore, all these issues need to be re-looked and the relevant sections in the proposed Bill modified accordingly or omitted altogether,” Naveen said in the letter to the Prime Minister.