Lok Sabha Question No. 5876 (UNSTARRED), answered on 2017-04-10
Subject: Impact of Industries on Tribals
Ministry: TRIBAL AFFAIRS
Asked by: GAJANAN CHANDRAKANT KIRTIKAR, KUNWAR HARIBANSH SINGH, BIDYUT BARAN MAHATO, ASHOK SHANKARRAO CHAVAN, SUNIL BALIRAM GAIKWAD, T. RADHAKRISHNAN, SRIRAM MALYADRI

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 5876

TO BE ANSWERED ON 10.04.2017

## IMPACT OF INDUSTRIES ON TRIBALS

5876.      SHRI GAJANAN KIRTIKAR: KUNWAR HARIBANSH SINGH: SHRI BIDYUT BARAN MAHATO: SHRI ASHOK SHANKARRAO CHAVAN: DR. SUNIL BALIRAM GAIKWAD: SHRI T. RADHAKRISHNAN: SHRI MALYADRI SRIRAM::

Will the Minister of TRIBAL AFFAIRS be pleased to state:-

- (a)   whether the Government has considered the fact that allowing industries to exploit the rich natural resources is affecting the development of the tribal areas and if so, the details thereof; and
- (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 if so, the details thereof along with the steps taken/being taken 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) 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.

****