Question : Prevention of Illegal Mining

(a) the number of representations/complaints received about illegal mining in various States particularly Madhya Pradesh during each of the last three years;

(b) the details of action taken thereon;

(c) the areas wherefrom these cases have been reported particularly in Madhya Pradesh; and

(d) the further steps the Government proposes to take to check/prevent such illegal mining in the country?

Answer given by the minister

THE MINISTER OF STATE (INDEPENDENT CHARGE) FOR POWER, COAL, NEW & RENEWABLE ENERGY AND MINES (SHRI PIYUSH GOYAL)

(a) to (c): State Governments have been empowered to frame rules for preventing illegal mining, transportation and storage of minerals for the purposes connected therewith as per Section 23C of the Mines and Minerals (Development and Regulation), 1957 (MMDR Act, 1957). Therefore, prevention and control of illegal mining comes under the legislative and administrative jurisdiction of State Governments. The details related to number of representations/complaints received about illegal mining in the country are not maintained centrally.


The State Government of Madhya Pradesh has informed that complaints/ representations on illegal mining are collected through various state government departments; and the State Government does not maintain consolidated data on representations/complaints on illegal mining received by different departments. Further, on the basis of the information made available by State Government of Madhya Pradesh, details of illegal mining, illegal transportation, and illegal storage reported during the last three years are provided at Annexure-I.


(d) For controlling/monitoring of illegal mining in the country, the Central Government has, inter-alia, taken the following measures:

• The MMDR Act, 1957 was amended through the MMDR Amendment Act, 2015 which came into effect from 12th January, 2015. The Amendment Act contains, 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.

• The Central Government has amended Rule 45 of the Mineral Conservation and Development Rules, (MCDR) 1988, making it mandatory for all miners, traders, stockists, exporters and end-users of minerals to register and report on the production, trade and utilization of minerals to the State Government(s) and Indian Bureau of Mines. Up to December, 2016, total 3848 mining leases excluding 31minor minerals have been registered online with IBM. IBM has suspended 210 mines for noncompliance and recommended 237 cases to State Governments for termination. Similarly, as regards to the status of registration of end users, traders, stockists and exporters, at the end of December, 2016 total 3207 units of end-users, 5162 number of traders, 1636 number of stockists and 856 number of exporters have been registered. Indian Bureau of Mines has also requested the State Governments not to issue transit passes for movement of minerals to unregistered operators.

• Indian Bureau of Mines (IBM), has entered into a MoU with National Remote Sensing Centre (NRSC), for a pilot project “Sudoor Drushti” to demonstrate the feasibility of using High Resolution Satellite imagery and Digital Elevation Model (DEM) in monitoring mining activities / changes over a period of time over selected group of mines.

• State Governments have been asked to frame Rules under section 23C of Mines & Minerals (Development & Regulation) Act, 1957 to enable them to provide for inspection, checking & search of minerals at the place of excavation, storage and during transit. The Rules would also provide for establishment of check-post and weigh-bridges at important centers. So far 20 States have framed Rules namely, Andhra Pradesh, Bihar, Chhattisgarh Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Nagaland, Orissa, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh, Uttaranchal & West Bengal.

• The Ministry of Mines, through Indian Bureau of Mines (IBM), has developed the Mining Surveillance System (MSS), in collaboration with Ministry of Electronics and Information Technology (MEITY) and Bhaskaracharya Institute for Space Applications and Geo-informatics (BISAG), Gandhinagar, to use space technology for facilitating State Governments in curbing illegal mining activities in the country. MSS is a satellite-based monitoring system which aims to establish a regime of responsive mineral administration, through public participation, by facilitating State Governments in curbing instances of illegal mining.

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Annexure-I
Table showing information on Illegal Mining/Transportation/Storage
(Figures are in Rs. Lakh)
Year No. of cases lodged No. of cases annulled Amount of penalties imposed
Illegal Mining Illegal Transportation Illegal Storage Total Illegal Mining Illegal Transportation Illegal Storage Total Illegal Mining Illegal Transportation Illegal Storage Total
2012-13 640 6415 389 7444 199 6380 149 6728 142.38 1144.36 95.33 1382.07
2013-14 725 6815 349 7889 347 6554 192 7093 119.58 1202.60 52.98 1375.16
2014-15 564 7861 657 9082 234 7735 391 8360 174.23 1733.35 512.62 2420.20
2015-16 679 11853 782 13314 328 11579 284 12191 183.49 4324.59 345.78 4853.86
2016-17 up to feb 2017 827 11885 648 13360 366 10621 293 11280 223.47 3052.60 199.24 3475.31

Source: Government of Madhya Pradesh

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