Question : ILLEGAL MINING



(a) the details of cases of illegal mining detected/reported in the country during each of the last three years and the current year, State/UT-wise;

(b) whether any criminal-official nexus has been found in aiding illegal mining operations in the country;

(c) if so, the details of officials and companies found involved in illegal mining operations in the country, particularly those indicted by the Justice Shah Commission along with the action taken/proposed to be taken against them, State/UT-wise;

(d) the loss of revenue to the Union and State Governments thereby and the mechanism evolved to recover the losses; and

(e) the stringent measures taken/proposed to be taken by the Union Government in co-ordination with State Governments to curb illegal mining in the country?

Answer given by the minister


MINISTER OF MINES (SHRI DINSHA PATEL)

(a) to (e): A Statement is laid on the Table of the House.

STATEMENT REFERRED IN REPLY TO LOK SABHA STARRED QUESTION NO. 9 FOR REPLY ON 22.2.2013 REGARDING ILLEGAL MINING ASKED BY SHRI K.D. DESHMUKH AND SHRI RATAN SINGH

(a): As per section 23C of the Mines and Minerals (Development and Regulation) Act, 1957, the State Governments have been empowered to make rules for preventing illegal mining, transportation and storage of minerals. Therefore, specific details of cases of illegal mining are not centrally maintained in the Ministry. However, year-wise details of cases of illegal mining detected and action taken by State Governments till June 2012, as reported by the State Governments is annexed.

(b) to (d): On the basis of Justice M. B. Shah Commission of Inquiry’s Report on the State of Goa, the Government of Goa has ordered scrutiny of all documents, approvals and permissions to ascertain the veracity of all leases that would, inter-alia, cover appraisal of illegal, unsustainable and unscientific mining and to suggest remedial measures. To mitigate the damage, recovery of the cost of damages and penalty for default including cancellation of lease will also be examined. The Central Government asked State Governments to set up special anti-extortion and anti-money laundering cell by State Police/State Government to prevent any nexus between illegal mining/ forest contractors, transporters and extremists. 21 State Governments have constituted Task Forces at State and District Level for monitoring illegal mining.

(e): The Central Government in co-ordination with State Governments has taken the following steps to curb and check illegal mining in the country:

(i) State Governments were asked to frame rules to control illegal mining as per Section 23 C of MMDR Act (18 States have framed Rules).

(ii) State Governments were 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 (13 State Governments have set up such Committees).

(iii) State Governments were advised to 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.

(iv) A Central Coordination-cum-Empowered Committee set up under Secretary (Mines) having representation of major mineral bearing states and concerned Central Government Ministries/Departments on 4.3.2009. The Committee is holding regular meetings to consider all mining related issues including matters relating to coordination of activities to combat illegal mining.

(v) Railways have instituted a mechanism to allow transportation of iron ore only against permits issued rake-wise and verified by State Government, apart from taking measures to fence and set up check post at the railway sidings.

(vi) Customs Department has issued instructions to all its field units to share information on ore export with State Governments.

(vii) Ministry of Shipping has issued a direction to all major Ports to streamline the verification procedures for movement of consignment by road and rail to Ports for exports.

(viii) Government has notified amendment in Rule 45 of Mineral Conservation and Development Rules, 1988, on 9.2.2011 making it mandatory for all miners, traders, stockist, exporters and end-users to register with IBM and report their transaction in minerals on monthly basis for a proper end-to-end accounting of minerals.

(ix) Indian Bureau Mines had constituted Special Task Forces for inspection of mines in endemic areas by taking the help of Satellite imageries.

(x) The Central Government has set up Justice M. B. Shah Commission to inquire into large scale illegal mining of iron ore and manganese ore in the country. The extended tenure of the Commission is till 16th July, 2013.

ANNEXURE TO THE STATEMENT REFERRED IN REPLY TO LOK SABHA STARRED QUESTION NO.9 FOR REPLY ON 22.2.2013 REGARDING ILLEGAL MINING ASKED BY SHRI K.D. DESHMUKH AND SHRI RATAN SINGH
(for all minerals excluding atomic and fuel minerals)
Details of State-wise Action taken Illegal mining cases uptoJune 2012

S.	State	2009	2010	2011	2012	FIR	Court Cases	Fine realized by
No.	-10	-11	-12	-13	Lodged	Filed(Nos.)	State	(til	(Nos.)	Governments	June)	(Rs. Lakh)

1 Andhra 15530 13939 19913 5227 18 537 9304.313 Pradesh
2 Chhatt- 2606 2017 2946 868 88 6961 1896.6047 isgarh
3 Goa 12 13 1 - 0 0 3.33799
4 Gujarat 4020 2184 3485 1607 215 4 6961.062
5 Haryana 1437 3446 2022 1419 438 19 890.91445
6 Himachal 1398 1213 1289 - 186 1189 97.1162 Pradesh
7 Jharkhand 15 199 364 - 285 30 46.8607
8 Karnataka 4692 6476 6691 1837 488 175 5223.086
9 Kerala 1847 2028 3175 - 0 0 698.33956
10 Madhya 5782 4245 7147 1634 2741 18562 8510.0997 Pradesh
11 Maharashtra 26283 34265 40642 7721 0 1 13143.323
12 Odisha 487 420 309 65 11 36 4339.34
13 Punjab 131 754 314 - 67 0 382.525
14 Rajasthan 4690 1833 1201 1719 1236 53 1725.2944
15 Tamilnadu 273 277 123 64 1528 561 6573.9309
16 Uttar - 4641 4708 3266 0 0 2433.03 Pradesh
17 West 113 239 269 92 824 128 0 Bengal
Total 69316 78189 94599 25519 8125 28256 62229.178

(Source: Indian Bureau of Mines, Government of India)