The vision document on mineral development submitted to the Orissa government moots several measures to expedite processing and disposal of mineral concession (MC) applications in the state.
Though in the rule 63-A of Mineral Concession Rules (MCR) guidelines and circulars have been issued prescribing time limit for disposal of MC applications, there is delay at both the state and Central level.
Add to the problem, rule-63 doesn’t provide for any remedy in the event of non-disposal of applications by the state government within a stipulated time frame. The vision document pitches for taking steps to expedite the process, sources said.
As per the suggestions made in the document, all applications for grant of MC should be submitted to the Director of Mines (DoM).
The DoM, after scrutiny, should send these applications to the district revenue authority. Applications involving the forest land should be sent to the Divisional Forest Officer (DFO). The applications should be sent to the mining officer (MO) or deputy director of mines (DDM), only if their opinion is required.
Similarly, the applications for Reconnaissance Permit (RP) should be processed in the office of the DDM without being referred to the district authorities.
Importantly, the RP applications needn’t be sent to the Central government for prior approval, as has been the present practice.
Further, time limit should be fixed for processing and disposal of MC applications at the state and Central government level.
These activities include initial scrutiny by DDM, revenue enquiry, technical enquiry, recommendation of the collector, recommendation by the state government to the Centre pertaining to prospecting license (PL) or mining lease (ML), disposal of the recommendations by the Union government, clearance of mining plan, environment and forest diversion plan, grant of surface rights among others.
Processing of applications need to be streamlined to reduce the time lag between the submission of application and commencement of the actual processing work.
As a bold measure to expedite the process, submission of mining dues clearance certificate (MDCC) may be dispensed with at the time of making the applications.
It should be submitted after the precise area is granted under rule 22 (4), the document suggested.
While the Central government should fix time schedule for disposal of grant or renewal of mineral concession applications, renewal should be allowed if the application is complete in all respects, in case this time schedule is not met,
It suggested that the renewal of ML should be completed within a stipulated time frame as long as the lessee undertakes mining without any violations of the existing laws.
Fragmentation of the lease should be discouraged since a lot of minerals are locked up in the boundaries.
Even in renewal cases, the lease should not be truncated as the lessee must have spent a lot of money to remove the overburden and invested in its plant and machinery.
On the other hand, the state government should seek amendment to the MMDR Act to exclude bauxite, chrome ore, iron ore, manganese and precious stones from the list of minerals under first schedule. Besides, the submission of village maps, land schedules with PL applications should be dispensed with.
