core sector communique

Curbs on Illegal Mining

State Governments are the owners of mineral resources and full powers have been conferred to State Governments to frame the rules for curbing illegal mining under the Mines and Minerals (Development and Regulation) Act (MMDR Act). If the mining lease holders fail to carry out mining operations in accordance with MMDR Act, appropriate action are initiated by the Government. The details regarding loss accruing to State Governments due to illegal mining is not centrally maintained.

While section 23C of the said Act provides for State Government to formulate Rules to control illegal mining, the Central Government has been advising and coordinating activities and initiatives to help all States, to curb illegal mining, inter-alia as follows:-

 A Central Coordination-cum-Empowered Committee has been set by Government, with representation from State Governments and Central Ministries concerned, to consider all mining related issues, including specifically, matters relating to coordination of activities to combat illegal mining at regular intervals.

 The State Governments have been advised to set up State Coordination-cum-Empowered Committee (SCEC) to coordinate efforts to control illegal mining by including representatives of Railways, Customs and Port authorities. Separately the State Governments have also been advised to prepare and adopt an Action Plan with specific measures to detect and control illegal mining including, use of remote sensing, control on traffic, gather market intelligence, registration of end-users and setting up of special cells etc.

 Up-to September, 2010, the State Governments detected 43317 cases of illegal mining of minor and major minerals as compared to 41578 cases detected in the full year 2009.

 The Central Government has appointed Shri Justice M. B. Shah Commission of Inquiry under the Commission of Inquiry Act, 1952 to inquire into the large scale mining of iron ore and manganese ore without lawful authority in several states.

 The Central Government amended Rule 45 of the Mineral Conservation and Development Rules, 1988, making it mandatory for all miners, traders, stockists, exporters and end-users to register with the Indian Bureau of Mines and report on movement of minerals to Indian Bureau of Mines and State Government as one of the measures to combat illegal mining.

Mainly because of the proactive stance taken by the Central Government on the issue, the following developments have been reported:

o Eighteen States (Andhra Pradesh, Bihar, Chattisgarh, Gujarat, Goa, Haryana, Himachal Pradesh, Jharkhand, Jammu and Kashmir, Karnataka, Madhya Pradesh, Maharashtra, Nagaland, Orissa, Rajasthan, Uttarakhand, Uttar Pradesh and West Bengal) have framed Rules under Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957 to control illegal mining.

o Twenty one States (Andhra Pradesh, Assam, Bihar, Chattisgarh, Gujarat, Goa, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, Manipur, Mizoram, Nagaland, Orissa, Punjab, Rajasthan, Tamilnadu, Uttarakhand, Uttar Pradesh and West Bengal) have set up Task Force at State and/or District level to check illegal mining as per the instruction of Central Government.

o Thirteen State Governments (Andhra Pradesh, Chhattisgarh, Gujarat, Goa, Haryana, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Mizoram, Orissa, Rajasthan and West Bengal) have set up a Coordination-cum-Empowered Committee.

o Five States (Gujarat, Maharashtra, Karnataka, Jharkhand and Uttarakhand) have digitized the total mining area.

o State Government of Tamilnadu has digitized 100 cadastral maps.

o State Governments of Rajasthan and Orissa have reported to have commenced using satellite imagery. Rajasthan has digitized mining area in GIS environment and superimposed on digital toposheets supplied by Survey of India.

o State Governments of Gujarat, Jharkhand, Karnataka, Orissa have reported to have started use of holograms/ bar codes in the transport permits.

Indian Bureau of Mines has constituted Special Task Force Teams, which conducted inspections in 106 mines in endemic areas in 5 States of Karnataka, Andhra Pradesh, Orissa, Jharkhand and Gujarat between 7.12.2009 to 17.12.2009 and suspended operations in 60 mines. Out of the 60 suspended mines, 58 applied for revocation of suspension orders and 2 mines have been recommended for termination. The Special Task Force conducted second round of inspections from 17.4.2010 to 27.4.2010 in Karnataka. It inspected 67 mines and found serious violations in 18 mines, which were suspended.

This information was given by the Minister of State (Independent Charge) for Mines, Shri Dinsha Patel in a written reply in the Rajya Sabha today.