PANAJI
Curchorem legislator Nilesh Cabral suggested the ordinance route in a bid to resolve the mining imbroglio in a bid to ensure the continuation of mining after March 15, 2018, so that people are not affected.
Speaking during a calling attention motion moved by opposition legislators on the mining issue, Cabral said that he was not against auctioning but that mines that were not covered under the recent SC order could be restarted.
“I’m not against the auctioning of the ore. My only interest is… I represent the people. I am not appointed like judges. In Goa there are more than 200 leases. Right now the problem is of 88 or 123 leases. The order of the SC does not speak of all leases. It says 88. It is how we take it. We can continue as per the new MMDR Act which says that at the time of the first auction we can continue the mine for 50 years,” Cabral suggested.
“Let us continue by telling the Prime Minister to issue an ordinance in such a fashion that the 123 mines that are existing continue for the next five six years. Also, let us press for allowing the auctioning of dumps. Auctioning of anything else other than these 123 mines could be allowed so that the livelihood of Goans who are suffering is saved,” Cabral said.
Cabral said he would also move a resolution to seek an amendment of The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases Act, 1987) to ensure that the
MMDR Act comes into force in Goa in 1987.
“The MMDR Act was made in 1957. Goa was then under the Portuguese rule. We were liberated in 1961. After liberation in 1961, the Parliament in 1962 passed a specific law for Goa which stated that all laws will remain in force till such laws are repealed. In 1987, a bill was brought in the same parliament which passed The Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases Act, 1987) and in that it is clearly said that all concessions which were granted have to be converted into leases in 1987. And before that, from 1961 to 1987, the 1957 legislation was not in force. If that was in force the legislation then said that renewal is only of 20 years. So between 1961 and 1987 there was no renewal. I want clarification from the government on this. If the legislation was followed from 1961 why no renewal was done. That means the Act came into force only when it was repealed and from 1987 the Act of 1957 came into force,” Cabral said.
“There was a small ambiguity in the Act which said that the leases should be followed from 1961. I think if that 1961 clause is made 1987, because actual MMDR Act came into force from 1987, the renewals which were to be done in
2007 would be renewals,” Cabral said.
“The first renewal was of 20 years in 2007 and that is why in 2006 people applied and renewal was supposed to be done for 2007, but it was not done, it was done for only one mine in Goa and that is why that particular mine is valid till 2027 and the SC cannot dictate terms on that mine,” Cabral said.
“Renewal of only one mine was done, all other mines were not renewed and that is why we are facing this problem. My request is we all should support and say that the MMDR Act should come into force from 1987 onwards,” he added.
