Lok Sabha Question No. 2601 (UNSTARRED), answered on 2021-03-10
Subject: Illegal Sand Mining
Ministry: MINES
Asked by: Umesh G. Jadhav

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA UNSTARRED QUESTION NO. 2601 ANSWERED ON 10.03.2021

## ILLEGAL SAND MINING

2601. DR. UMESH G. JADHAV:

Will the Minister of MINES be pleased to state:

- (a) the  details  of  cases  pertaining  to  illegal  mining  of  major  and  minor  minerals especially sand mining reported in the country including Karnataka during the last three years;
- (b) whether the Government has taken measures to check illegal mining of sand and if so, the action taken against the offenders during the last three years and the current year;
- (c) whether  the  Union  Government  has  held  any  discussions  with  the  State Governments including Karnataka in regard to illegal sand mining and if so, the details and the outcome thereof;
- (d) whether the Government has developed any mechanism to check and control illegal  sand  mining  in  Karnataka  and  if  so,  the  details  thereof  along  with  the names of nodal officers, District-wise and if not, the reasons therefor; and
- (e) the other steps taken/being taken by the Government to check the damage to the environment from illegal mining of sand from the river beds?

## ANSWER

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

(a) & (b): Sand is defined as a minor mineral, under Section 3(e) of the Mines and Minerals  (Development and Regulation) Act, 1957 (MMDR Act) and 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.  Therefore,  regulation  and  administration  of  minor  minerals including sand comes under the purview of the State Governments.

Moreover, Section 23C of the MMDR Act, empowers the state governments to frame rules to prevent illegal mining and the State Government may, by notification in the Official Gazette, make such rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith.

Details  of  illegal  mining  cases  and  action  taken  in  such  cases  are  not maintained  centrally.  However,  based  on  the  quarterly  returns  on  illegal  mining submitted  by  various  State  Governments  including  State  of  Karnataka  to  Indian Bureau of Mines (a subordinate office of this Ministry), details of instances of illegal mining for the last three years [2017-18 to 2020-21 (Sep 2020)] alongwith the action taken is at Annexure.

(c) to (e): Ministry of Mines has prepared a Sand Mining Framework, as a model for adoption  by  the  States,  in  consultation  with  Mining  Departments  of  the  States incorporating  the  best  practices  amongst  them  and  suggestions  based  on  the objectives of sustainability, availability, affordability and transparency in sand mining. In  addition,  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.

Further,  as  per  the  information  received  from   Government  of  Karnataka,  the State Government  has taken following steps to control and regulate the illegal sand mining in the state:

-  Amendment has been brought into the Karnataka Minor Mineral Concession Rules,1994 [ KMMCR] on 12.08.2016 wherein the District and Taluka Sand Monitoring Committee are constituted to monitoring and checking illegal sand mining and transportation in the respective districts. The committee comprises officers from Revenue, Police, Forest, PWD, Zilla Panchayat, Transport and Mines & Geology Departments. All the officers are empowered to book a case against the persons who indulge in illegal sand mining activities as per Rule 31-R of (13) of KMMCR 1994.
-  All  the  district  sand  committees  of  the  State established  mobile  squads  to check the illegal  sand  mining  activities  and  also  established  check  posts  at the strategic locations to control illegal sand transportation.
-  Rule 43 of the KMMCR, 1994 was further amended on 30.06.2020 wherein a provision was made for collection of heavy penalty including seizing of tool, equipment and vehicles etc. used in the illegal sand mining / transportation.

Further, the Government of Karnataka has brought Karnataka New Sand Policy, 2020 and guidelines to implement the New Sand Policy on 05.05.2020. A provision has been made in the said guidelines to constitute independent committee involving retired  Indian  Army  officer,  retired  officer  cadre  civil  servant  and  retired  professor who is expert in the field of mining and environment to assess the damage causing to the Environment.

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## ANNEXURE

| Illegal mining cases   | Illegal mining cases   | Illegal mining cases   | Illegal mining cases   | Illegal mining cases   | Illegal mining cases              | Illegal mining cases   | Action taken from 2017-18 to 2020-21 (Up to Quarter ending September-20)   | Action taken from 2017-18 to 2020-21 (Up to Quarter ending September-20)   | Action taken from 2017-18 to 2020-21 (Up to Quarter ending September-20)   |
|------------------------|------------------------|------------------------|------------------------|------------------------|-----------------------------------|------------------------|----------------------------------------------------------------------------|----------------------------------------------------------------------------|----------------------------------------------------------------------------|
| Sr. No.                | State                  | 2017- 18               | 2018- 19               | 2019- 20               | 2020-21 (Quarter ending Sept- 20) | FIR Lodged (Nos.)      | Court Cases Filed (Nos.)                                                   | Vehicle Seized (No.)                                                       | Fine realized by State Govt. (Rs. Lakh)                                    |
| 1.                     | Andhra Pradesh         | 8128                   | 7644                   | 8354                   | 3994                              | 39                     | 18                                                                         | 1857                                                                       | 60949.271                                                                  |
| 2.                     | Chhattisgarh           | 4857                   | 5060                   | 6449                   | 1963                              | 0                      | 16366                                                                      | 0                                                                          | 3117.187                                                                   |
| 3.                     | Gujarat                | 7827                   | 7679                   | 7476                   | 3355                              | 423                    | 51                                                                         | 20619                                                                      | 32954.900                                                                  |
| 4.                     | Haryana                | 1391                   | 1380                   | 1251                   | 696                               | 565                    | 0                                                                          | 0                                                                          | 1658.748                                                                   |
| 5.                     | Himachal Pradesh       | 1753                   | 590                    | 2424                   | 1967                              | 84                     | 755                                                                        | 17                                                                         | 161.814                                                                    |
| 6.                     | Jammu & Kashmir        | 1485                   | n.r                    | n.r                    | n.r                               | 0                      | 0                                                                          | 1485                                                                       | 15.896                                                                     |
| 7.                     | Jharkhand              | 2772                   | 3132                   | 3269                   | n.r                               | 2262                   | 1051                                                                       | 8759                                                                       | 4083.115                                                                   |
| 8.                     | Karnataka              | 4669                   | 4101                   | 4935                   | 2197                              | 3845                   | 1379                                                                       | 1895                                                                       | 8242.932                                                                   |
| 9.                     | Kerala                 | 8315                   | 7797                   | 8575                   | 2673                              | 0                      | 0                                                                          | 0                                                                          | 17108.560                                                                  |
| 10.                    | Madhya Pradesh         | 15205                  | 16405                  | 8223                   | 5384                              | 61                     | 21924                                                                      | 29                                                                         | 142720.411                                                                 |
| 11.                    | Maharashtra            | 26628                  | 13436                  | 10456                  | 4326                              | 6561                   | 0                                                                          | 54846                                                                      | 33858.040                                                                  |
| 12.                    | Odisha                 | 47                     | 29                     | 16                     | 1                                 | 2                      | 0                                                                          | 7                                                                          | 740.782                                                                    |
| 13.                    | Rajasthan              | 6632                   | 17118                  | 4027                   | n.r                               | 2274                   | 43                                                                         | 292655                                                                     | 21162.515                                                                  |
| 14.                    | Tamilnadu              | 132                    | 113                    | 66                     | 57                                | 34941                  | 1345                                                                       | 42074                                                                      | 10677.899                                                                  |
| 15.                    | Telangana              | 6143                   | 6553                   | 7039                   | n.r                               | 0                      | 0                                                                          | 1                                                                          | 3666.190                                                                   |
| 16.                    | Uttar Pradesh          | 20214                  | 24455                  | n.r                    | n.r                               | 677                    | 4423                                                                       | 0                                                                          | 11667.530                                                                  |
|                        | Grand Total            | 116198                 | 115492                 | 72560                  | 26613                             | 51734                  | 47355                                                                      | 424244                                                                     | 352785.790                                                                 |

n. r. - quarterly return not received .