Lok Sabha Question No. 2110 (UNSTARRED), answered on 2020-03-04
Subject: Excessive Mining
Ministry: MINES
Asked by: Manoj Kumar Tiwari, Sangamlal Kadedin Gupta, Ramdas Chandrabhanji Tadas, Chandra Prakash Joshi

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA

## UNSTARRED QUESTION NO. 2110 ANSWERED ON 04.03.2020

## EXCESSIVE MINING

†2110. SHRI MANOJ TIWARI: SHRI SANGAM LAL GUPTA: SHRI RAMDAS C.TADAS: SHRI CHANDRA PRAKASH JOSHI:

Will the Minister of MINES be pleased to state:

- (a) Whether  the  Government  is  aware  of  excessive  mining  being  carried  out  at certain places across the country;
- (b) If  so,  the  details  of  the  proposed  action  plan  to  reduce  such  mining  activities across the country including Delhi;
- (c) Whether some people have lost their land/home due to excessive mining; and
- (d) If so, the details thereof along with compensation paid to them?

## ANSWER

## THE MINISTER OF MINES, COAL AND PARLIAMENTARY AFFAIRS (SHRI PRALHAD JOSHI)

- (a) &  (b)  Yes,  Sir.  Cases  of  mining  in  excess  of  proposals  approved  in  mining plan/review  of  mining  plan  have  been  reported  by  Indian  Bureau  of  Mines  (a subordinate office under Ministry of Mines). The year-wise, State-wise details during the last four years and measures taken to tackle the problem are given in Annexure-I.
- (c)      No such information is maintained in Ministry of Mines.
- (d) Does not arise in view of reply furnished at item (c) above.

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The year-wise, State-wise details during last four years are furnished in the table given below:

| Sl No   | State             | Year wise Number of Cases   | Year wise Number of Cases   | Year wise Number of Cases   |
|---------|-------------------|-----------------------------|-----------------------------|-----------------------------|
|         |                   | 2016-17                     | 2017-18                     | 2018-19                     |
| 1       | Rajasthan         | 00                          | 00                          | 03                          |
| 2       | Tamil Nadu        | 02                          | 00                          | 01                          |
| 3       | Andhra Pradesh    | 01                          | 01                          | 01                          |
| 4       | Jammu and Kashmir | 03                          | 01                          | 10                          |
| 5       | Gujarat           | 07                          | 07                          | 02                          |
| 6       | Telangana         | 01                          | 00                          | 00                          |
| 7       | Madhya Pradesh    | 11                          | 12                          | 10                          |
| Total   | Total             | 25                          | 21                          | 27                          |

The  Government  has  already  taken  adequate  measures  to  reduce  excessive  mining activities through various statutory provisions, summary of which is furnished below:

## A. MMDR Act, 1957

- (1) Section  4A: Provisions  for  termination  of  Prospecting  Licences  or  Mining Leases.
- (2) Section 21: Penalties for contravention of provisions for imprisonment upto five years and fine upto five lakh Rupees per hectare of the area.
- (3) Section  23C: State  Government  is  empowered  to  make  rules  for  preventing illegal mining, transportation and storage of minerals.

## B. Minerals (other than atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016

- (1) Rule  54  has  Provision  for  Penalty  for  contravention  of  provisions  of  Rules including excessive production.

## C. Mineral Conservation and Development Rules 2017

- (1) Rule 62: Penalty for contravention of provisions of Rules.

Further,  The  lessee  is  obliged  to  carry  our  mining  operations  in  accordance  with approved    document as per Rule 13 of Minerals other than atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 and Rule 11 of MCDR 2017. Thus, a mining plan/review  of  mining  plan  is  essential  for  grant  of  mining  lease  and  for  carrying  out mining  operation  for  major  minerals.  Monitoring  of  the  proposals  approved  in  Mining Plan/Review  of  Mining  Plan  is  carried  out  through  MCDR  inspection  &  reconciliation with  data  filed  in  statutory  returns  by  the  lessee.  In  case  of  contravention  of  the provisions the mining operations are suspended as per Rule 11(2) of MCDR 2017. Also prosecutions  are  launched  and  recommended  for  termination  of  lease  for  noncompliance.

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