CEE Jul-Sep-2012

.. ,. the verification procedures for movement of consignment by road and rail to Ports for exports. x) Government has notified amendment in Rule 45 Mineral Conservation and Development Rules, 1988, on 9.2. 2011 making it mandatory for all miners, traders, stockist, exporters and end– users to register with Indian Bureau Mines (IBM) and report their transaction in minerals on monthly basis for a proper end-to-end accounting of minerals. As on 7.5.2012, out of 9409 mining leases in the country, 8001 mining leases have registered online with the IBM. The IBM has suspended 1587 mines for non-compliance and initiated prosecution in 4 cases and recommended 21 cases to State Governments for termination. IBM has also requested the State Governments not to issue transit passes for movement of minerals to unregistered operators. xi) IBM had constituted Special Task Forces for inspection of mines in endemic areas by taking the help of Satellite imageries. Special Task Force conducted inspections in a total of 454 mines in the States of Karnataka, Andhra Pradesh, Odisha , Jharkhand and Gujarat and suspended 155 mines under rule 13 (2) of Mineral Conservation and Development Rules, 1988 due to serious violations. Further, the Indian Bureau of Mines have recommended for termination of eight leases. xii) The Central Government has also set up Shri Justice M. B. Shah Inquiry Commission for illegal mining of iron ore and managanese vide gazette notification dated 22 .11 .2010. The Commission submitted its First Interim Report to the Ministry of Mines, which has been laid before the LoK Sabha on 20.12. 2011 alongwith the Memorandum of Action Taken . The Commission has so far visited States of Karnataka, Andhra Pradesh, Goa and Odisha. The commission has recently submitted its report on its findings in the State of Goa. Courtesy: FIMI (The Federation of Indian Mineral Industries) News Bulletin, June 15, 2012, Pp 33-35. LOK SABHA UNSTARRED QUESTION NO. 7017 TO BE ANSWERED ON 18TH MAY, 2012 Mining Tribunals 7017. Shri Abdul Rahman: Shri S R Jeyadurai Shri D B Chandre Gowda Smt Kamla Devi Patel Will the Minister of Mines be pleased to state: a) Whether the Union/State are empowered to set up Mining Tribunals; b) If so, the details thereof along with names of relevant Central/State statutes; c) whether the Government has taken not of deficiencies and lack of transparency in the working of mining tribunals, both at Union and State levels especially Chhattisgarh; d) if so, the details thereof and the reaction of the Government thereto; e) the number of cases under consideration of Mining tribunals during last three years, year– wise and State-wise; and f) the steps taken or proposed to be taken for adjudication of cases expeditiously in a transparent manner? Answer The Minister of State (Independent Charge) for Mines: Shri Dinsha Patel a) & b) Section 30 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) confers powers on the Central Government to revise any order made by the State Government or other authority in exercise of powers conferred on it by the Act or under the Rules made thereunder for minerals other than minor minerals, of its own motion or on an application made within the prescribed time by an aggrieved party. Thus the power of Revision lies with Central Government as per the MMDR Act, 1957. State Government have been empowered under Section 15 of MMDR Act 1957 to frame rules for revisionary authority for minor minerals. There is not Tribunal prescribed under MMDR Act or any Rules there under. c), d) & f Disposal of revision application is a quasi judicial. Revision Applications are decided by Revisionary Authorities as per provisions of MMDR Act, 1957 and rule 44