March 20, 2015
SS Roy speaks during discussion on Coal Mines (Special Provisions) Bill, 2015 | Transcript
Full transcript:
Sir,
I would like to make a few quick points in the form of suggestions to the Government.
First of all, in our opinion a certain portion of the revenue should go to the State Government. The additional levy is also a compensatory amount, as stated in the paragraph 40 of the judgement of the Hon’ble Supreme Court of India, dated 24 September, 2014. The Government should consider that a certain portion of the additional levy should go to the coal producing state also.
Sir, my second point is that this Bill seeks to transfer the land and mine infrastructure to the new allottee. Clause 3J defines that mine infrastructure to include land demarcated for afforestation and land for rehabilitation and resettlement of persons affected by coal mining operations under the relevant Law. My suggestion is that that some provisions should be made in the rules so that land for afforestation and rehabilitation is not hampered and that should not be used for any other purposes.
Sir, my third point is that, as per Clause 17(3), the statutory powers of the state governments are sought to be suspended for an indefinite period. Sir, this may encroach upon the rights of the state. I would suggest the Government, before suspension of termination of license lease of mining, should consult with the state government.
Sir, my next point is that the Government through this Bill also seeks to adopt a transparent system through e-auction which is a welcomed move. Still even after adoption of e-auction, report of cartelisation is appearing almost every day. Here the Competition Commission of India can play a very vital role provided the Government makes the Competition Commission of India more functional.
Sir, my next point is if we consider Clause 3 (1G) and read Clause 11 of the section 2 of Company’s Act 2013, then Sir, one will find that corporations have been included for the purpose of entering into the building.
Sir, as per the definition of Clause 11 of Section 2 of Company’s Act 2013, corporation includes foreign entity, companies which are registered outside India. Therefore my suggestion would be in the rules to be prescribed some provision should be made for some reasonable restrictions on the part foreign entities. There should not be any blanket authority in entering process.
Finally Sir, seeing the mines belonging to the states where its situated, the states must be consulted in the decision making process, even otherwise, consultation is a pre-condition of any liberal democracy. Therefore I urge upon the Government to take the views of the state governments in making decisions regarding allocation.
Thank you
