No Instance of Allotment of Mines without Approval of the Ministry of Mines
No Instance of
Allotment of Mines without Approval of the Ministry of Mines
The
Minister of State for Mines and Steel Shri Vishnu Deo Sai informed the Rajya
Sabha today in reply to a question that no such instance has come to the notice
of Central Government during the last two years in which the States have not
taken mandatory approval from the Ministry for allotting mines.
He said, to foster transparency and time bound decision making process, Mines and Mineral (Development and Regulation) Amendment Act 2015 came into force w.e.f 12th January, 2015 which inter-alia includes following salient features:
i. The grant of mineral concessions for major minerals only through auction by competitive bidding.
ii. The lease period for mining has been enhanced from 30 years to 50 years.
iii. Establishment of District Mineral Foundation (DMF) for the interest and benefit of persons, and areas, affected by mining related operations; and mandating the lease holder to contribute a prescribed percentage of royalty to the DMF
iv. Establishment of National Mineral Exploration Trust (NMET)for regional and detailed exploration; and
v. Stricter penalty provisions to deter illegal mining.
*********
Curbing Illegal Mining in the
Country
The
Minister of State for Mines and Steel Shri Vishnu Deo Sai informed the Rajya
Sabha today in reply to a question that State Governments are empowered, under
Section 23C of the Mines and Mineral (Development and Regulation) Act 1957 (
MMDR Act 1957) to make rules for prevention of illegal mining, transportation
and storage of minerals; and, therefore, matters relating to illegal mining come
under the legislative and administrative jurisdiction of State Governments.
However,
based on the quarterly returns on illegal mining submitted by various State
Governments to Indian Bureau of Mines (IBM) (a subordinate office under the
Ministry of Mines), the total cases of illegal mining in the country reported
from year 2009-10 to 2015-16 (Quarter ending September, 2015) is provided
below:
|
Year-wise
details of illegal mining
|
2009-10
|
2010-11
|
2011-12
|
2012-13
|
2013-14
|
2014-15
|
2015-16
(Quarter ending sept-2015)
|
|
Grand
Total
|
69316
|
78189
|
94604
|
98597
|
88689
|
97149
|
48467
|
In exercise
of the power conferred by section 23C of Mines and Minerals (Development & Regulation)
Act, 1957, Govt. of Uttar Pradesh has published the Uttar Pradesh Mineral
(Prevention of Illegal Mining), Transportation and Storage Rules, 2002.
In addition, Uttar Pradesh Govt. vide Order No-5360/77-5-2005-371/05 dated
10.11.2005 has constituted a task force under the chairmanship of District
Magistrate to check and curb illegal mining and illegal transportation in all
the districts of Uttar Pradesh. The number of cases of illegal mining and fine
recovered by Govt. of Uttar Pradesh in the last ten years are provided below:
|
Years
|
No.
of cases
|
|
|
06-07
|
5120
|
433.27
|
|
07-08
|
4656
|
469.96
|
|
08-09
|
3874
|
500.18
|
|
09-10
|
5472
|
847.67
|
|
10-11
|
6234
|
1376.71
|
|
11-12
|
6713
|
1668.35
|
|
12-13
|
9708
|
3193.98
|
|
13-14
|
8612
|
2978.35
|
|
14-15
|
9920
|
2527.35
|
|
15-16
(Till January 2016)
|
10016
|
2953.67
|
|
Total
|
70,325
|
16949.49
|
The Mines
and Minerals (Development and Regulation) (MMDR) Act, 1957 was amended
through the MMDR Amendment Act, 2015 which came into effect from 12th
January, 2015. The Amendment Act has, inter alia, stringent punitive provisions
for combating illegal mining. Illegal mining has been made punishable with
imprisonment for a term which may extend to five years and with fine which may
extend to five lakh rupees per hectare of the area. Provisions have been made
for setting up of Special Courts for the purpose of providing speedy trial of
offences relating to illegal mining.
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