CEE Jul-Sep-2012

framed thereunder. Right of hearing is given to a party availing the statutory remedy of Revision Application before Central Government. In order to have transparency all orders issued are available on the Website of Ministry of Mines. Revisionary Authorities are expected to discharge their quasi judicial functions as per law & prescribed procedures without any intervention or outside influence. At present three Joint Secretaries have been delegated powers to dispose of the Revision Application filed before the Central Government. e) The number of cases under consideration of Mining Tribunals during last three years, years-wise and State-wise is as under:- Name of the State As on As on As on 31.12.2009 31.12.2010 31.12.2011 Andhra Pradesh 93 48 15 Bihar 01 01 01 Chhattisgarh 66 62 57 Goa 14 34 10 Gujarat 107 68 94 Haryana 07 02 03 Jharkhand 11 09 03 Karnataka 49 55 36 Kerala 02 04 03 Madhya Pradesh 354 210 126 Maharashtra 61 47 16 Orissa 180 109 14 Rajasthan 416 282 119 Tamil Nadu 41 39 11 Uttar Pradesh 02 Uttarakhand 09 02 06 West Bengal 01 01 Total 1414 973 514 - - -=~- -- ·-~ - ·---~~ Courtesy: FIMI (The Federation of Indian Mineral industries) News Bulletin, June 15, 2012, Pp35-36. ~~~~~"JM)JJfJ •--ljQ)IIIJE~(i)JJIJmlt•l' .. ~ Mineral Rent Resource Tax 4898. Shri Pyarimohan Mohapatra: Will the Minister of Mines be pleased to state: a) whether Government has received a proposal from Odisha suggesting levy of Mineral Rent Resource Tax on super normal profits earned by the lessees; b) if so, the details thereof; and c) the stage of consideration of the proposal? Answer The Minister of State (Independent Charge) for Mines: Shri Dinsha Patel a) to c). Yes Sir, Chief Minister of Government of Odisha has sought imposition of Mineral Resource Tax on supernormal profits made by iron ore mining companies. The request was examined and Government of Odisha has been advised that it is necessary to closely study the profits earned by various types of miners in iron ore mining, including the small and medium scale miners and captive miners in the light of the various incidences of taxes and levies on the mining sector particularly when royalty is levied on ad-valorem basis at pit-mouth value of mineral and not on the FOB value. Further, it was also suggested that in the new Mines and Minerals (Development and Regulation) Bill, 2011 the District Mineral Foundation is proposed wherein every miner would be required to pay an equivalent amount of royalty and also there are provisions for State Mineral Funds which can serve as a substitute to the suggested Mineral Resource Tax. It is further stated that the State Government of Odisha is a part of the Study Group for review of royalty rates and dead rent constituted in the Ministry, and therefore has sufficient opportunity to effectively contribute in developing a mechanism to work-out a rational rate of royalty on iron ore, which would adequately ensure fair compensation to the State Government. Courtesy: FIMI (The Federation of Indian Mineral Industries) News Bulletin, June 15, 2012, Pp36-37. 45

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