Lok Sabha Question No. 5483 (UNSTARRED), answered on 2017-04-06
Subject: Prevention of Illegal Mining
Ministry: MINES
Asked by: KAMAL NATH, JYOTIRADITYA MADHAVRAO SCINDIA

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA UNSTARRED QUESTION NO.5483 TO BE ANSWERED ON 6 TH  APRIL, 2017

## Prevention of Illegal Mining

## 5483.  SHRI KAMAL NATH: SHRI JYOTIRADITYA M. SCINDIA:

Will the Minister of MINES be pleased to state:

- (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

## 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 .

Annexure-I

| Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   | Table showing information on Illegal Mining/Transportation/Storage   |
|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|----------------------------------------------------------------------|
|                                                                      |                                                                      |                                                                      |                                                                      |                                                                      |                                                                      |                                                                      |                                                                      |                                                                      | (Figures are in Rs. Lakh)                                            | (Figures are in Rs. Lakh)                                            | (Figures are in Rs. Lakh)                                            | (Figures are in Rs. Lakh)                                            |
| Year                                                                 | No. of cases lodged                                                  | No. of cases lodged                                                  | No. of cases lodged                                                  | No. of cases lodged                                                  | No. of cases annulled                                                | No. of cases annulled                                                | No. of cases annulled                                                | No. of cases annulled                                                | Amount of penalties imposed                                          | Amount of penalties imposed                                          | Amount of penalties imposed                                          | Amount of penalties imposed                                          |
|                                                                      | Illegal Minin g                                                      | Illegal Transportati on                                              | Illegal Storag e                                                     | Total                                                                | Illegal Minin g                                                      | Illegal Transportati on                                              | Illegal Storag e                                                     | Total                                                                | Illegal Minin g                                                      | Illegal Transportati on                                              | Illegal Storag e                                                     | Total                                                                |
| 2012 -13                                                             | 640                                                                  | 6415                                                                 | 389                                                                  | 7444                                                                 | 199                                                                  | 6380                                                                 | 149                                                                  | 6728                                                                 | 142.3 8                                                              | 1144.36                                                              | 95.33                                                                | 1382.0 7                                                             |
| 2013 -14                                                             | 725                                                                  | 6815                                                                 | 349                                                                  | 7889                                                                 | 347                                                                  | 6554                                                                 | 192                                                                  | 7093                                                                 | 119.5 8                                                              | 1202.60                                                              | 52.98                                                                | 1375.1 6                                                             |
| 2014 -15                                                             | 564                                                                  | 7861                                                                 | 657                                                                  | 9082                                                                 | 234                                                                  | 7735                                                                 | 391                                                                  | 8360                                                                 | 174.2 3                                                              | 1733.35                                                              | 512.62                                                               | 2420.2 0                                                             |
| 2015 -16                                                             | 679                                                                  | 11853                                                                | 782                                                                  | 1331 4                                                               | 328                                                                  | 11579                                                                | 284                                                                  | 1219 1                                                               | 183.4 9                                                              | 4324.59                                                              | 345.78                                                               | 4853.8 6                                                             |
| 2016 -17 up to feb 2017                                              | 827                                                                  | 11885                                                                | 648                                                                  | 1336 0                                                               | 366                                                                  | 10621                                                                | 293                                                                  | 1128 0                                                               | 223.4 7                                                              | 3052.60                                                              | 199.24                                                               | 3475.3 1                                                             |

Source: Government of Madhya Pradesh