Lok Sabha Question No. 3101 (UNSTARRED), answered on 2016-12-05
Subject: Manipulation in Records
Ministry: TRIBAL AFFAIRS
Asked by: BOORA NARSAIAH GOUD, HARISH CHANDRA MEENA

## GOVERNMENT OF INDIA

## (MINISTRY OF TRIBAL AFFAIRS) LOK SABHA UNSTARRED QUESTION NO. 3101 TO BE ANSWERED ON 05.12.2016

## MANIPULATION IN RECORDS

## 3101. DR. BOORA NARSAIAH GOUD, SHRI HARISH MEENA

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether  the  Government  is  aware  of  the  fact  that  allowing  industries  to  exploit  the  rich natural resources is affecting the development of the tribal areas, if so, the details thereof;
- (b) whether the Government has recognized that land acquisition by the State, manipulation of the records and also wrong interpretation of law have led to massive neglect of tribals and their needs; and
- (c)      if so,  the details thereof alongwith the corrective steps taken/being taken by the Government in this regard?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH BHABHOR)

- (a) Industries are given land and permission to exploit natural resources as per extant laws, rules and set procedures. There are special safeguards in tribal belts with regard to allotment of land for industries and other such purposes.
- (b) & (c) The Department of Land Resources in the Ministry of Rural Development is the nodal agency for matters relating to land acquisition. Under the land Rehabilitation Act, 1894 as well as under the 'Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (RFCTLARR Act, 2013)', acquisition of land for various projects is done by concerned State Governments / UT Administrations.  As per Section 48 of the RFCTLRR  Act, 2013,  a  'National  Monitoring  Committee'  has  been  constituted  to  review  and  monitor  the implementation  of  Rehabilitation  and  Resettlement  schemes  or  plans  related  to  land  acquisition

under  the  RFCTLARR  Act,  2013  and  National  Rehabilitation  &  Resettlement  Policy    (NRRP), 2007.

Further, regulation of mining, including grant of mineral concessions, is governed by the provisions  of  the  Mines  and  Minerals  (Development  and  Regulation)  (MMDR)  Act,  1957.    State Governments are guided by the following provisions while granting mining lease in the scheduled areas:

- (i) As  per  section  4(k)  of  the  Panchayats  (Extension  to  the  Scheduled  Areas)  Act,  1996, recommendations of the Gram Sabha or the Panchayats at the appropriate level shall made mandatory prior to  grant  of  prospecting  licence  or  mining  lease  for  minor  minerals  in  the Scheduled Areas.
- (ii) The Mineral (Auction) Rules, 2015 have been framed for regulating the terms and conditions, and  procedure,  subject  to  which  the  auction  shall  be  conducted  for  grant  of  mineral concessions. Rule 6 and Schedule 1 of the said Rules contain the eligibility conditions for grant of mining lease. Sub-rule (2) of Rule (6) particularly concerns with the right of Tribals in  the  Scheduled  Areas  which  inter-alia  stipulates  that  the  State  Government  may  having regard  to  Article  244  and  Fifth  Schedule  and  Sixth  Scheduled    to  the  Constitution,  the provisions  of the Panchayats (Extension to the Scheduled Areas) Act,1996 (40 of 1996); and the Schedule Tribes and other Traditional Forest Dwellers (Recognition of Forest Right) Act, 2006 (2 of 2007), make such amendments to schedule 1, as it may deem necessary.
- (iii) As per clause ( l ) of rule 12 of the Mineral (Other than Atomic Hydro Carbon Energy Minerals) (OTAHCEM) Concession Rules, 2016, one of the conditions subject to which a mining lease is granted is that the lessee shall, in the matter of employment, give preference to the tribals and to the persons who become displaced because of the taking up of mining operations.

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