Lok Sabha Question No. 355 (STARRED), answered on 2019-07-17
Subject: Mining Activities
Ministry: MINES
Asked by: Janardan Mishra, Rodmal Nagar

GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA STARRED QUESTION NO. 355

## ANSWERED ON 17.07.2019

## MINING ACTIVITIES

† *355. SHRI JANARDAN MISHRA: SHRI RODMAL NAGAR:

Will the Minister of MINES be pleased to state:

- (a) whether any effective scheme has been prepared by the Government to check mining near continuously depleting rivers and other water bodies;
- (b) if so, the details thereof; and
- (c) if  not,  the  steps  taken/proposed  to  be  taken  by  the  Government  to  save/ safeguard such water bodies from illegal mining activities?

## ANSWER

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

(a) to (c): A Statement is laid on the Table of the House.

THE  STATEMENT  REFERRED  TO  IN  REPLY  TO  LOK  SABHA  STARRED QUESTION  NO.  355  REGARDING  'MINING  ACTIVITIES'  RAISED  BY  SHRI. JANARDAN  MISHRA  AND  SHRI  RODMAL  NAGAR,  HON'BLE  MEMBERS  OF PARLIAMENT FOR REPLY ON 17 TH  JULY, 2019.

(a)  to  (c):  Mining  near  rivers  and  water  bodies  mostly  relate  to  sand mining.  Sand being a minor mineral under MMDR Act comes under the complete jurisdiction of the State Government, which is fully authorised to frame rules and regulate the same. Nevertheless,  recently  Government  of  India  in  consultation  with  various  State Governments has prepared a Sand Mining Framework, a compilation of various best practices  in  the  sand  mining  field,  for  assisting  States  to  arrive  at  an  appropriate policy and administrative system for addressing the needs of this sector.

Rule 12(1)(d) of the Minerals (Other than Atomic and Hydro Carbons Energy Minerals)  Concession  Rules,  2016  provides  that  the  lessee  shall  not  carry  on  or allow to be carried on, any mining operations at any point  within a distance of fifty meters  from any  reservoir,  canal  or  other  public  works,  or  buildings, except  under and in accordance with the previous written permission of any officer authorised by the State Government in this behalf.

Apart from the above,  Ministry  of Environment,  Forest  and  Climate  Change has also 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 Authority headed 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.

Further,  as  per  section  23C  of  the  Mines  and  Minerals  (Development  and Regulation) Act,  1957  ('MMDR Act  1957'),  State Governments  are  empowered to make rules for prevention of illegal mining, transportation and storage of minerals for both  major  and  minor  minerals  and  for  purposes  connected  therewith. Therefore, matters  relating  to  illegal  mining  come  under  the  legislative  and  administrative jurisdiction of State Governments and the information regarding the cases of illegal mining is not maintained centrally.

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