Lok Sabha Question No. 4627 (UNSTARRED), answered on 2023-03-29
Subject: Sand Mining
Ministry: MINES
Asked by: Queen Oja

## GOVERNMENT OF INDIA MINISTRY OF MINES

## LOK SABHA UNSTARRED QUESTION NO. 4627

ANSWERED ON 29.03.2023

## SAND MINING

†4627. SHRIMATI QUEEN OJA:

Will the Minister of MINES be pleased to state:

- (a)   whether  it  is  necessary  to  obtain  No  Objection  Certificate  (NOC)  from  the Department of Mines for undertaking sand mining activities in the country as mining is considered illegal in the absence of the said NOC;
- (b)   if  so,  whether  the  Government  has  details  of  such  illegal  mines  where  mining activities are being undertaken without permission, State-wise;
- (c)   whether  the  Government  is  committed  to  check  illegal  mining  but  the  same  is taking place due to involvement of certain officers;
- (d)  if so, the details thereof;
- (e)  whether certain cases have been reported where the officers who conducted raid to check illegal mining were assaulted and chased away and murder attempts were made against them; and
- (f)  if so, the details thereof, State-wise?

## ANSWER

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

(a):  Sand  is  a  minor  mineral  under  Section  3(e)  of  the  Mines  and  Minerals (Development & Regulation) Act, 1957 (MMDR Act). Section 15 of the MMDR Act empowers the State Governments 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.  Hence,  the  regulation  of  minor  minerals  comes under the legislative and administrative domain of the State Governments.

(b) to (f): 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.  Hence,  control  of  illegal  mining  comes  under  the legislative and administrative purview of the State Governments.

However,  the  Central  Government  has  taken  the  following  measures  to  prevent illegal mining in the country:

- (i)   Penalty for illegal mining was made more stringent by amendment of the MMDR Act in 2015. Penalties for contravention of Section 4(1) and 4(1A) of the Act 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.  Further, Section  30B  of  the  Act provides  for constitution of Special  courts by State

Governments for speedy trial of Illegal mining/Transportation/Storage cases and 30C of  the  Act  provides  that  such  Special  Courts  shall  be  deemed  to  be  a  Court  of Session.

(ii)   The  Ministry  of  Mines,  through  Indian  Bureau  of  Mines,  has  developed  the Mining Surveillance System (MSS) to use space technology for reporting any illegal mining  activity  to  the  State  Government  who  will  take  necessary  action.  Mining Surveillance  System  (MSS)  is  a  satellite-based  monitoring  system  which  aims  to detect illegal mining activity beyond the lease area through use of satellite images. (iii)   In pursuance  of the provisions of Section 23(C) of the Act, 22 State Governments have framed rules to curb illegal mining. (iv)   22 State Governments have set up Task Forces to review the action taken by member  departments  for  checking  the  illegal  mining  activities  in  their  respective jurisdiction. Further, Ministry of Mines has prepared a 'Sand Mining Framework' in consultation with Mining Departments of the States incorporating best practices amongst States with  the  objectives  of  sustainability,  availability,  affordability  and  transparency  in sand  mining.  The  'Sand  Mining  Framework'  has  been  circulated  to  all  the  State Governments  for  necessary  action. Moreover,  Ministry  of  Environment,  Forest  & Climate  Change  has  issued  Sustainable  Sand  Mining  Management  Guidelines,

2016, which, inter-alia, addresses the issues relating to regulation of sand mining.

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