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Nagaland govt moves resolution to safeguard state's resources

Article 371(A) stipulates that Nagaland's land and its resources belong to the communities, not to the state government.

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To safeguard the special provisions granted to Nagaland under Article 371 (A) of the Constitution from further dilution, the government today moved a resolution in the state Assembly for framing fresh modalities and rules on exploration of mineral wealth, particularly petrol and natural gas.

Moving the resolution, chief minister Neiphiu Rio informed the House that since the Constitution provides special provisions to safeguard the land and its resources in Nagaland, it has become necessary for the state government to regulate by laws the ownership and transfer of land and its resources.

The government had constituted a nine-member cabinet sub-committee on exploration and mining of petroleum and natural gas in October 2009 in view of the Centre's fresh initiatives for recommencing exploration and production activities in proven oil fields of Nagaland.

After examining various aspects, the sub-committee observed that all the previous activities pertaining to the exploration and production of crude oil by ONGC, there was no provisions in those agreements to safeguard the state and its people's interests, he said.

The panel pointed out that although crude oil production in the state came to a halt in 1994, the Centre, under its new exploration license policy (NELP), demarcated seven blocks for international bidding and handed over some of them to the consortium of ONGC in 2006.

However, the entire process was done by the Centre without consulting the Nagaland government, which was in contravention to the provisions under the Article 371(A), the sub-committee observed and recommended for adequate safeguarding measures. Therefore, the state government took a decision to completely suspend all exploration and development activities, including seismic surveys in January 2009 for framing fresh
modalities, Rio informed the House.

The chief minister admitted that due to "oversight and also unknowingly", the state has not been able to take full advantage of the special provisions granted under Article 371(A) of the Constitution, and consequently the special status was being eroded.

Rio said an Assembly sub-committee also yesterday scrutinised the cabinet sub-committee's recommendations and unanimously approved them.

Article 371(A) stipulates that Nagaland's land and its resources belong to the communities, not to the state government.

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