THROWING THE BALL
IN CENTRAL COURT
* Goa seeks promulgation of ordinance to amend the Goa Daman and Diu Concession (Abolition and Declaration as Mining Leases) Act, 1987
* The appointed date as specified in section 2(a) of the Act specifies that the “appointed day” means the 20th day of December 1961
* Through an ordinance, the Goa Government wants that that date be specified as the day the President of India granted assent to the Act, 1987
* If the date is changed, it will mean that Goa’s Portuguese mining concessions became leases under the Indian Act in 1987, rendering the SC decision null and void
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COMPENSATION
According to Sudin Dhavalikar, at the meeting, it was decided to seek compensation, especially in terms of the royalties, as well as labour, trucks and other losses that the state and its people will have to bear on account of the shortfall
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PANAJI: An all-party delegation will call on Union Minister for Mines Narendra Singh Tomar, Goa desk in-charge and Minister of Road Transport and Highways Nitin Gadkari on Monday, as well as possibly the Prime Minister in a bid to impress upon them the urgent need of Goa that there be no cessation of mining activities in the state after the Supreme Court fixed date of March 15.
Speaking to media persons after the meeting, State PWD Minister and No. 2 in the cabinet Ramkrishna “Sudin” Dhavalikar, who headed the meeting said that the all-party meeting unanimously agreed that they would travel to Delhi and place their demands before the relevant ministers.
“We will be travelling to Delhi on Monday and we have fixed up appointments with Union Minister of Mines Narendra Singh Tomar and Nitin Gadkari. We are also hoping to meet the Prime Minister and have asked our South Goa MP Narendra Sawaikar to secure an appointment with the Prime Minister himself,” Dhavalikar said.
Sources present in the meeting have informed that the party has unanimously approved a demand to seek from the central government that an ordinance be promulgated to amend the Goa Daman and Diu Concession (Abolition and Declaration as Mining Leases) Act, 1987 to ensure that the start date of Goa’s mining concessions as leases under the Indian Act is 1987.
In the current form, the Act mandates that Goa’s Portuguese mining concessions are deemed to have been abolished, and shall, with effect from an “appointed day,” be deemed to be a mining lease granted under the Mines and Minerals Act, 1957.
The appointed date as specified in section 2(a) of the Act specifies that the “appointed day” means the 20th day of December 1961. Through an ordinance, the Goa Government wants that that date be specified as the day the President of India granted assent to the Goa Daman and Diu Concession (Abolition and Declaration as Mining Leases) Act, 1987.
If the date is changed, it will mean that Goa’s Portuguese mining concessions became leases under the Indian Act in 1987 and hence the question of having renewed them in 2007 would not arise, rendering the SC decision to strike down the ‘renewals’ as null and void.
A similar line of argument was raised by Curchorem legislator Nilesh Cabral in the recently concluded budget session of the Goa Legislative Assembly who in a lengthy speech on the calling attention motion on the mining shut down raised the possibility of an ordinance route to avoid being affected by the Supreme Court’s order.
According to the Mines and Minerals Development Act of 1957, a mining lease is to be granted initially for a period of 30 years and can subsequently be renewed. The changes, if effected, would mean that Goa’s concessions became leases in 1987 their validity would be for 30 years ending in 2017. However, the amendment to the Mines and Minerals Development Act in 2015 specifies that all mining leases active in 2015 would continue for another 50 years meaning Goa’s mining leases would in effect be ‘valid’ for another 50 years beginning 2015.
Meanwhile, Dhavalikar also said that the meeting had decided to seek compensation, especially in terms of the royalties, as well as labour, trucks and other losses that the state and its people will have to bear on account of the shortfall.
“My request is this resolution, but we all should support and say that the MMDR Act should come into force from 1987 that means that we come under the MMDR Act from 1987,” Cabral had said in the Legislative Assembly earlier this month.
