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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.

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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
Revenue recovered (Rs. In Lakhs)
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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