Orissa chief minister, Naveen Patnaik, has strongly opposed the provision of having a National Mining Regulatory Authority (NMRA) in the Mines and Minerals (Development and Regulation) Bill 2011 stating that it is against the federal structure of the country.
In a letter to the Prime Minister Dr Manmohan Singh, written on Saturday, Patnaik has pointed out that ?some of the provisions of Mines and and Minerals (Development and Regulations) Bill, 2011 which when enacted will amount to a departure from the federal structure of Indian Constitution?.
It is proposed that under section 58(1) of the Bill, the Central government shall establish a National Authority to be known as National Mining Regulatory Authority (NMRA) in relation to major minerals (other than coal). The NMRA and its officers have powers to call for records, material evidence, or person accused of contravening any of the provisions or committing any of the offenses under the Act. All proceedings before the Authority in discharge of its functions shall be deemed to be judicial proceedings and NMRA shall be deemed to be a civil court.
Section 69 of the Bill authorises the NMRA to entertain complaints regarding commission of offences under the Act , get them investigated through its own investigating officers,and institute prosecutions through the country. Section 121 of the Bill makes non-compliance of directions of National Authority by any person, which may include state authorities/officers, an offence.” Where as establishment of National Regulatory Authority to perform advisory and recommending functions is welcome, creating a superior body with investigative and judicial functions to entertain complaints, give directions to the state governments, initiate investigation and lodge prosecutions encroaches upon the domain of the state government and is not in keeping with the federal structure envisaged in the Constitution”, the CM has pointed out and suggested that ?all these issues need to be re-looked and the relevant sections in the proposed Bill should be accordingly modified or altogether omitted.”
Similarly, the CM has objected to incorporation of some of the provisions in the MMDR Bill 2011,which are not in the original MMDR Act 1957. Patnaik has said that the provision of empowering IBM or any authority of Central government to supervise the enforcement of the provisions of the proposed Act and rules and prevent illegal or unscientific mining going on in any state is against the spirit of the federalism.? This would amount to supervision of the function of the state government by the Indian Bureau of Mines or the authority which is not consistent with the federal tenets of the Constitution,” he asserted.