Lok Sabha Question No. 542 (UNSTARRED), answered on 2021-12-01
Subject: Illegal Mining in Rajasthan
Ministry: MINES
Asked by: Balak Nath

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA UNSTARRED QUESTION NO. 542

ANSWERED ON 01.12.2021

## ILLEGAL MINING IN RAJASTHAN

†542. SHRI BALAK NATH:

Will the Minister of MINES be pleased to state:

- (a)  the  details  of  the  number  of  incidents  recorded  for  illegal  mining  in  Rajasthan along with the details of the action taken thereupon during the last two years;
- (b) the details of the steps being taken by the Government to prevent illegal mining; and
- (c)  the  details  of  the  licensing  procedure  for  mining  along  with  the  number  and details of the licenses issued in Rajasthan during the last two years?

## ANSWER

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

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(a) and (b):   Section 23C of Mines and Minerals (Development and Regulation) Act (MMDR  Act)  1957,  empowers  the  State  Governments  to  frame  rules  to  prevent illegal mining, transportation and storage of minerals and for the purposes connected therewith. Hence, control of illegal mining comes  under  the legislative and administrative purview of the State Governments.

As per the information provided by the State Government of Rajasthan, the details of the number of incidents of illegal mining in Rajasthan along with the action taken thereupon during the last two years is given below:

|   S. No. | Details                                  |   Year (2019-20) |   Year (2020-21) |   Year (2021-22) Upto Oct 2021 | Total   |
|----------|------------------------------------------|------------------|------------------|--------------------------------|---------|
|        1 | No. of Incidents recorded                |         13229    |         10142    |                        5343    | 28,714  |
|        2 | No. of FIRs lodged                       |           930    |           760    |                         473    | 2163    |
|        3 | No. of Vehicle/ machinery seized         |         13355    |         10076    |                        5434    | 28865   |
|        4 | Penalty amount recovered (in Rs. crores) |            85.42 |            79.57 |                          39.79 | 204.78  |

Further,  Government  has, inter-alia , taken the following measures  for preventing illegal mining in the country:

(i) Penalty for illegal mining was  made  more  stringent by the Central Government  through  amendment  of  the  MMDR  Act.  The  penalties  have  been increased from Rs. 25 thousand per hectares to Rs. 5 Lakh per hectare and the term of  imprisonment  has  been  increased  from  2  years  to  5  years  for  contravention  of Section 4(1) and 4(1A) of the Act. Section 30B of the Act provides for constitution of Special  courts  and  30C  of  the  Act  provides  that  such  Special  Courts  shall  be deemed to be a Court of Session.

(ii)        Rule 45 of the Mineral Conservation and Development Rules, (MCDR) 2017 makes  it  mandatory  for  all  miners,  traders,  stockist,  exporters  and  end-users  of minerals to register and report on the production, trade and utilization of minerals to the State Government(s) and Indian Bureau of Mines.

(iii)        The  Ministry  of  Mines,  through  Indian  Bureau  of  Mines,  has  developed  the Mining Surveillance System (MSS) to use space technology for curbing illegal mining activity  in  the  country.  Mining  Surveillance  System  (MSS)  is  a  satellite-based monitoring system which aims to detect illegal mining activity through use of satellite images.

(iv)        21  State  Governments  including  the  State  Government  of  Rajasthan  have framed rules under section 23C of MMDR Act, 1957 to curb illegal mining.

(v)         22  States  including  the  State  Government  of  Rajasthan  have  set  up  Task Forces to control illegal mining and review the action taken by member departments for checking the illegal mining activities at state and district levels.

(c)         Under  the  Mines  and  Minerals  (Development  and  Regulation)  Amendment Act,  2015,  for  major  minerals,  the  mineral  concession  can  be  allotted  through auctioning for Prospecting License-cum-Mining Lease or Mining Lease. The power to grant  these  mineral  concessions  vests  in  the  State  Governments.  Further,  as  per Section 15 of the MMDR Act, 1957, State Governments have been empowered for making rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith.

As per the information made available by the State Government of Rajasthan, State Government of Rajasthan has granted two leases for major minerals namely for limestone and 1114 leases for minor minerals from 01.04.2019 to 24.11.2021.

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