Lok Sabha Question No. 494 (UNSTARRED), answered on 2020-09-16
Subject: Illegal Sand Mining
Ministry: MINES
Asked by: Diya Kumari, Umesh G. Jadhav

## 494. MS. DIYA KUMARI:

Will the Minister of MINES be pleased to state:

- (a) whether the Government is aware of the increase in illegal sand mining especially in the State of Rajasthan despite the imposition of a ban on river-sand mining;
- (b) if so, the details thereof;
- (c) whether the Government is planning to increase the fine imposed on illegal riversand mining; and
- (d) whether the Government is planning to make the same a criminal offence and if so, the details thereof?

## ANSWER

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

(a): Sand is a minor mineral, as defined under Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 ('MMDR Act 1957'). Section 15 of the MMDR Act empowers the State Governments to make rules for regulating the grant of mineral concessions  in  respect  of  minor  minerals  and  for  purposes  connected  therewith. Moreover, Section 23C of the MMDR Act, empowers the State Governments to make rules for preventing illegal  mining,  transportation and  storage  of minerals and for  the purposes connected therewith. Therefore, the administration and legislative control of minor minerals including sand comes within the domain of the State Government.

As per the information provided by the Directorate of Mines and Geology, Govt. of Rajasthan, the Hon'ble Supreme Court vide order dated 16.11.2017 has imposed ban on river sand mining. After this ban, the incidences of illegal sand mining are noticed but State Government is taking strict action against the persons involved.

(b):  Directorate  of  Mines  and  Geology,  Govt.  of  Rajasthan  has  informed  that  StateLevel Task Force headed by Chief Secretary and District Level Task Forces under the chairmanship  of  District  Collectors  have  been  formed  to  take  action  against  illegal mining. In every district, SITs have been formed including officials of Mining, Revenue, Transport and Police Departments to conduct joint operations against illegal mining.

Mining Department of the State of Rajasthan  has hired 333 Border Home Guards and deployed in different mining offices to help in vigilance activities. A total number of 31542 cases have been registered against illegal mining, transport and stocking from 16.11.17  to  31.08.2020  in  which  a  total  penalty  of  amount  Rs.191.52  cr.  has  been recovered and 2803 FIRs have been lodged in concerned Police Stations against the offenders.

- (c): As per the information provided by the Directorate of Mines and Geology, Govt. of Rajasthan,   at  present  cost  of  mineral  calculated  as  10  times  of  Royalty  Rate  is recovered along with compounding fee charges ranging from Rs. 25000 to 1,00,000/ depending  upon  type  of  vehicle  and  in  addition  to  this  amount,  environmental degradation charge of Rs. 1 lakh per vehicle is being also recovered from offenders of illegal mining of sand.

(d):  Illegal  Mining  is  already  a  criminal  offence  as  per  Section  21  of  the  MMDR  Act 1957.  Moreover,  the  Rajasthan  Minor  Mineral  Concession  Rules,  2017  have  penal provisions of imprisonment upto 5 years or fine of Rs. 5 lakh or both for illegal mining.

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## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA UNSTARRED QUESTION NO- 494

ANSWERED ON 16.09.2020

## ILLEGAL SAND MINING