Lok Sabha Question No. 4769 (UNSTARRED), answered on 2016-12-15
Subject: Guidelines for Sand Mining
Ministry: MINES
Asked by: BOORA NARSAIAH GOUD

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA UNSTARRED QUESTION NO.4769

## TO BE ANSWERED ON 15 TH DECEMBER, 2016

## 'GUIDELINES FOR SAND MINING'

## 4769.  DR.BOORA NARSAIAH GOUD:

Will the Minister of MINES be pleased to state:

- (a) the  details  of  existing  sand  mining  activities  on  all  the  river  banks  in  the  country, State-wise;
- (b) whether sustainable sand mining management guidelines have been implemented in various States/UTs, if so, the details thereof; and
- (c) if  not,  the  reasons  therefor  along  with  the  time  by  which  these  are  likely  to  be implemented?

## ANSWER

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

(a)  to  (c):    Sand  is  a  minor  mineral,  as  defined  under  section  3(e)  of  the  Mines  and Minerals (Development and Regulation) Act, 1957 (MMDR Act). Section 15 of the MMDR Act empowersstate  governments  to  make  rules  for  regulating  the  grant  of mineral  concessions  in  respect  of  minor  minerals  and  for  purposes  connected therewith.  The  regulation  of  grant  of  mineral  concessions  for  minor  minerals  is, therefore, within the legislative and administrative domain of the state governments. Under the power granted to them by section 15 of the MMDR Act, State Governments have framed their own minor minerals concession rules.

Further,section  23C  of  theMMDR  Act,  1957  empowers  state  governments  to frame rules  to  prevent  illegal  mining,  transportation  and  storage  of  mineralsand  for purposes  connected  therewith.  Control  of  illegal  mining  is,  therefore,  under  the legislative and administrative jurisdiction of state governments.

Ministry of Environment, Forest and Climate Change has issued Sustainable Sand  Mining  Management  Guidelines,  2016,  which,  inter-alia,  addresses  the  issues relating  to  regulation  of  sand  mining.  The  salient  features  of  the  Guidelines  in  this regard are as follows:

- i. It provides for a detailed programme for ensuring that mining of river sand is done in a sustainable manner;
- ii. Grant  of  Environment  Clearance  for  minor  minerals,  including  sand  and gravel, for mining lease of area up to 5 hectare will be done by the District Environment Impact Assessment Authorityheaded by the District Collector / District Magistrate.
- iii. Removal of  sand  accumulated  on  the  agricultural  field  after  cessation  of flooding  will  not  be  considered  as  mining  operation  and  its  removal  and

selling  can  be  allowed  without  the  requirement  of  environment clearance till it is done only to the extent of reclaiming the agricultural land.

- iv. Exemption  of  certain  cases  from  being  considered  as  mining  for  the purpose  of  requirement  of  environment  clearance  like:  (i)  extraction  of ordinary  clay  or  ordinary  sand  manually  by  hereditary  Kumhars  (Potter) who  prepare  earthen  pots  on  a  cottage  industry  basis;  (ii)  extraction  of ordinary  clay  or  ordinary  sand  manually  by  earthen  tile  makers  who prepare  earthen  tiles  on  a  cottage  industry  basis;  (iii)  removal  of  sand deposited on agricultural field after flood by owner farmers; (iv) customary extraction  of  sand  and  ordinary  earth  from  sources  situated  in  Gram Panchayat for personal use or community work in village;(v) community works  like  desilting  of  village  ponds  /  tanks,  rural  roads  under  taken  in MGNREGS and other Government sponsored schemes; (vi) dredging and desilting of dam, reservoirs, weirs, barrages, river, and canals for maintenance  and  upkeep  and  avert  natural  disaster  provided  the  dredged material is used departmentally. If the dredging activities are under taken for the purpose of winning mineral and selling it commercially it will be considered mining.

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