Lok Sabha Question No. 1043 (UNSTARRED), answered on 2015-07-27
Subject: Rehabilitation Schemes for Mining Areas
Ministry: MINES
Asked by: SUBHASH CHANDRA BAHERIA, SHARAD TRIPATHI, E. T. MOHAMMED BASHEER

**GOVERNMENT OF INDIA**

**MINISTRY OF MINES**

**LOK SABHA**

**UNSTARRED QUESTION NO. 1043**

**TO BE ANSWERED ON 27** **th** **july 2015**

**Rehabilitation schemes for mining areas**

**1043.	SHRI. subhash chandra baheria:**

**Shri. sharad tripathi:**

**shri. E.T.Mohammed basheer:**

Will the Minister of **MINES** be pleased to state:

1. whether the Government have any scheme for rehabilitation/employment of people residing in mining areas whose land is acquired for mining purpose;
2. if so, the details thereof along with the number of people employed/ rehabilitated under the said scheme during each of the last three years and the current year, State/UT-wise;
3. whether the Government also have any scheme for restoration/rehabilitation of areas destroyed by mining activities in the country; and
4. if so, the details thereof along with the number of mining areas rehabilitated/ restored during the said period, State/UT-wise?

**ANSWER**

**THE MINISTER OF STATE FOR STEEL AND MINES (SHRI VISHNU DEO SAI)**

(a):  As per clause (p) of sub-rule (1) of rule 27 of the Mineral Concession Rules, ( **MCR** ) 1960, one of the conditions subject to which a mining lease is granted is that the lessee shall, in the matter of employment, give preference to the tribals and to the persons who become displaced because of the taking up of mining operations.

Rule 72 of MCR, 1960 requires payment of an annual compensation to owner of surface rights for undertaking mining operations. Rule 73 of MCR, 1960 requires assessment of damage, if any, done to the land by the reconnaissance or prospecting or mining operations and shall determine the amount of compensation payable by the permit holder or licensee or the lessee as the case may be, to the occupier of the surface land. These provisions are also incorporated in the Model Form of Mining Lease as specified in Form K mentioned in Schedule –I to MCR, 1960.

(b): As the mining lease deed is executed between the State Government and the holder of the mining lease, details in this regard are not maintained centrally.

(c): The Mineral Conservation and Development Rules ( **MCDR** ), 1988 have provisions for restoration and rehabilitation of mining areas, which is a continuous process. As per rule 23A of MCDR, 1988 every mine shall have a progressive mine closure plan and a final mine closure plan. The “progressive mine closure plan” means a progressive plan, for the purpose of providing protective, reclamation and rehabilitation measures in a mine. The “final mine closure plan” means a plan for the purpose of decommissioning, reclamation and rehabilitation in the mine or part thereof after cessation of mining and mineral processing operations.

As per rule 23 (5) of MCDR, 1988, the leaseholder shall not abandon a mine unless a final mine closure plan is implemented. For this purpose, the lessee shall be required to obtain a certificate from the Regional Controller of Mines of Indian Bureau of Mines (an attached office of the Ministry of Mines) or the officer authorized by the State Government in this behalf to the effect that protective, reclamation and rehabilitation work in accordance with the final mine closure plan have been carried out before abandonment of mine.

Further, as per rule 23F (5) of MCDR, 1988, if the reclamation and rehabilitation measures as envisaged in the approved mine closure plan, in respect of which a financial assurance is given, have not been carried out in accordance with the mine closure plan, the financial assurance can be forfeited.

(d): Details in this regard are not maintained centrally.

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