The state government has yet to decide on which of the 23 companies that responded to its advertisement published sometime during December 2012 in a selected section of the national dailies and the close of which was January 7,2013.
The tender was to be opened on January 9,2013 when the ruling DAN government in the state was in the midst of hectic electioneering.
Out of 23, it was learnt that only seven of companies possessed capability in terms of finance and technicality and of which only two have the technical competence and capability.
It was also learnt that only two firms had submitted their respective bids after the expiry of the acceptance date.
Those which have fulfilled the criteria would then sign the Memorandum of Understanding(MoU) with the Government of Nagaland to take up oil operations in the seven fossil blocks(later changed to 11 zones under 11 districts, though only five-Wokha, Mokokchung, Mon, Dimapur and Peren-possess oil in varying degree and quantity) for subsequent operations.
Making of MoU: The DAN government had constituted a Cabinet Sub Ccommittee on Petroleum and Natural Gas (CSC on P&NG)in 2009.
The committee had met with land owners, villagers and tribal organisations to ascertain the views and demands.
The committee was headed by T.R.Zeliang then planning minister and had eight legislators-Imkong L.Imchen,M.C.Konyak,Doshehe, Y.Patton, Dako Phom,Vikho Yhoshu(all NPF); Tokheho Yepthomi and C.Apok Jamir(Congress) and with H.K.Khulu principal secretary as Member- secretary.
The two Congress members had stayed away from the meetings for reasons not known. The tenure of the CSC was extended time to time, beyond its three-month period.
The CSC recommended adoption of a formal resolution on Article 371A by the state assembly so as to put into effect all its clauses.
Article 371A is a unique constitutional provision with the 16-Point Agreement which only Nagaland has, wherein no Act of parliament can be applicable to any aspect involving cultural, traditional and customary practises of the Nagas of Nagaland including ownership and transfer of land and its resouces; unless the state assembly adopts such act(s) of parliament.
Interestingly, the Nagaland assembly had not, till 2010 adopted any such resolution accepting or reaffirming the Article 371A.
Such a house resolution was deemed constitutionally to give effect to the clauses with respect to ownership and transfer of land and its resources in the state of Nagaland and subsequent enactment of rules governing in particular, petroleum and natural gas operations.
The recommendations of the CSC on P&NG focussed primarily on the issue modalities for the Memorandum of Understanding(MoU) to be signed between the state government and the companies.
Following the reassertion of the Clause in the Lok Sabha on March 10,2011, the decks were cleared for the introduction and passage of the Nagaland Petroleum & Natural Gas Rules 2012 by the state assembly.
The CSC was folded up after the above rules came into force as per the notification. As per the Nagaland Petroleum & Natural Gas Board rules, the Naga Hoho and ENPO are to seek NoC from respective zones where oil is to be explored/extracted.
This has led to a conflict as could be understood from the recent divergence of stands by the Peren District Petroleum and Natural Gas Bearing Belt Land Owners Union(PDPNGBBLO) and the Zeliangrong Baudi(Assam, Manipur and Nagaland).
The latter reiterated that they(landowners)shall have the right to sign any formal agreement with oil companies and not any other agency, organisation, union or individual.
The issue that has come up in Peren district is likely to reverberate to other areas in as far as the issue of rights of the land owners versus the predominance of agency, organisations,unions or individuals over rights of land owners.