No references such as the Companies Act of 1956, the Mines Act 1952, Petroleum and Natural Gas Rules 1959, the Oil Fields (Regulation and Development) Act, 1948 or any other Act is necessary, as Government of Nagaland have the right to make laws relating to Ownership of Land and its Resources under 371(A) of the Constitution of India. Amendments of Section 6 for Restrictions On The Grant Of Prospecting License Or Mining Lease in the Nagaland Ownership and Transfer of Land and its Resources Act, 1990, is proposed.
Sub section 2 reads; No prospecting license or mining lease shall be granted to any person who is not an Indian national. It is proposed to be amended as; No prospecting license or mining lease shall be granted to any person who is not an Indigenous Naga. This Amendment will lead to cancellation of all the Petroleum Exploration License of ONGC (Six blocks under NELP and One Operating block in Wokha District where Canoro Resources Ltd. is the contractor) in Nagaland. Honourable Chief Minister too claimed that the entire process of granting Petroleum Exploration License to ONGC under New Exploration License Policy (NELP) was done without consultation with the Government of Nagaland in contravention to article 371(A) of the constitution of India in the last Nagaland Legislative Assembly session, therefore cancellation of those License is necessary.
Clause a, b, c and d, which refers to the Companies Act of 1956 be deleted. Department of Industries and Commerce rules may be applicable or separate rules may be framed by the department for Operation of Oil and Natural Gas instead of those clauses. This will benefit both the State Government and the beneficiary as Indigenous Nagas are not liable to pay Income Tax, whereas under Companies Act of 1956, Income Tax and many other taxes and formalities of Indian laws are mandatory.
Therefore the Authorities concerned and the organizations to be present in the consultative meeting ‘on Ownership of Land and its Resources’ are asked to put into consideration, the Amendment of Section 6 of the Nagaland Ownership and Transfer of Land and its Resources Act, 1990.
Aailho Naga
Duncan Colony
