Close on the heels of allegations of illegal mining operations in various mining belts of the state, the Orissa government has decided to expedite the process of disposal of mining lease (ML) renewal and mineral concession (MC) cases.
Since the pending renewal cases are contributing to illegal mining activities, quick disposal of these cases will help in checking the menace, sources said.
It may be noted pendency in renewal and mineral concession cases is a national phenomenon with states like Guajrat having about 300 such cases waiting for disposal. Orissa has about 250 such cases pending at various levels. In this backdrop, the state government has started the initiative to clear the cases at the earliest.
“A large number of these cases are pending before the government at various levels and the field officials have been instructed to act fast on them”, Ashok Dalwai, secretary, steel and mines, Orissa government told Business Standard.
Simultaneously, taking a tough stand on illegal mining activities, the state government has issued instructions to the officials of the mining department both at the field and the head quarter level to take action against the people involved in these activities.
The secretary, steel and mines, has asked the director and deputy directors of mines (DDMs) and Mining Officers (MOs) to strictly adhere to the existing rules and procedures while permitting mining operations by the lessees. These officers will henceforth be held personally responsible for non-compliance of the stipulated conditions by the lessees.
Since violation is more common in operations of mines under the deemed extension period as stated in rule 24 (A) (6) of the Mineral Concession Rule (MCR), 1960, the DDMs and the mining officers in charge of mining circles have been directed to verify all documents before permitting any mining operations by an Renewal Mining Lease (RML) applicant under the rule 24(A)(6) of MCR,1960. Going a step further, the state government has also asked the officer in charge of the mining circles issuing the Transit Pass (TP) to ensure that the quantity, quality and grade of ore being raised is proportionate to his legally permitted area. Any discrepancy between the quantity and the quality or grade of ore that can be raised from the permissible area and the quantity covered by the transit pass for despatch will be construed as delinquency on part of the concerned DDM/mining officer, the government warned.
The DDMs and mining officers have also been directed to verify the status of all working mines including those under the deemed extension provision immediately to verify whether all the statutory clearances and procedures are fulfilled by the mines operators. The mining operations should be stopped, if there is any discrepancy in compliance to the existing rules and procedures, sources added.
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The tough action by the state government follows reports of mining by the lessees beyond the surface area granted by the collector, mining beyond the area permitted in the lease grant, renewed lease grant, deemed extension period and mining beyond the approved boundary schedules of the lease.
Some lessees tend to manipulate the location of the survey and boundary pillars to get access to unauthorised areas, which includes both forest and non-forest areas. In the process, they are violating the terms and conditions of the lease and the provisions of MMDR Act, 1957, MCR, 1960 and Orissa Forest Act, 1972 among others.
As per the instruction issued by the department, an RML applicant will have to limit his mining operations to only the non-forest area. The applicant will not be allowed to operate in any type of forest land including the forest area broken before 25 October 1980, unless the applicant has specific clearances issued by the Union ministry of environment and forests.
The RML applicant must obtain approval of the mining plan and mining scheme by the Indian Bureau of Mines (IBM) or any other competent authority. Similarly, the applicant will have to obtain valid consent to establish and operate the mines under the Air (prevention and control of pollution) Act, 1981 and Water (prevention and control of pollution) Act, 1974 from the Orissa State Pollution Control Board. The environmental clearance must cover the magnitude of production and land use as approved by the IBM or the designated authority while issuing the mining plan or mining scheme. Besides, the current land schedule and land use of the mining lease area should be jointly authenticated by the concerned Tehsildar, Divisional Forest Officer and Deputy Director of Mines (DDM) or mining officer, sources added.