Cement, Energy and Environment

Answer THE MINISTER OF MINES (SHRI DINSHA PATEL) (a)to(d) As per Sections 5 and 10 of the Mines and Minerals (Development and Regulation) (MMDR) Act 1957, the State Governments are empowered to grant mineral concessions i.e. reconnaissance permit, prospecting licence or mining lease. Similarly as per Section 8 of the MMDR Act, 1957 and Rule 24A of Mineral Concession Rules (MCR), 1960 the State Governments are empowered to grant renewals for a mining lease except for those minerals listed in Part A and Part B of the First Schedule to the MMDR Act 1957, in which case prior approval of the Central Government IS required. Further, as per Rule 24A (6) of MCR, 1960 if an application for renewal of a mining lease is not disposed of by the State Government before the date of expiry of the lease, the period of that lease shall be deemed to have been extended by a further period till the State Government passes order thereon. Details of mining leases which are under the deemed extension provision are maintained by the State Governments and are not maintained centrally. For operating during the period of deemed extension, the lessee needs to have Environment Clearance under the Environment Protection Act 1986 and Forest Clearance under the Forest Conservation Act 1980 and other Statutory clearances under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 etc. Failure to operate without the necessary statutory clearances will attract the penal provisions under the respective statutes. *******'**** GOVERNMENT OF INDIA MINI STRY OF MINES LOK SABHA UNSTARRED QUESTION NO. 1532 TO BE ANSWERED ON 13 .12.2013 National Mining Regulatory Authority 1532. Shrimati Darshana Jardosh: Shri P Karunakaran : Will the Minister of Mines be pleased to state: (a) whether the Government is considering a comprehensive policy for setting up of the National Mining Regulatory Authority (NMRA) replacing the Mines and Minerals (Development and Regulation) Act, 1957; (b) if so, the details thereof; and (c) the manner and extent to which the said authority is likely to help in checking illegal mining in the country; Answer THE MINISTER OF MINES (SHRI DINSHA PATEL) (a)&(b) To repeal the existing statute on regulation of mines and development of minerals i.e. the Mines and Minerals (Development and Regu lation) Act, 1957 the Government has introduced the Mines and Minerals (Development and Regulation) Bill, 2011 (MMDR Bill, 2011) in the Lok Sabha on 12.12.2011 which, inter alia, provides for establishment of the National Mining Regulatory Authority (NMRA). (c) provisions relating the manner and extent to which the NMRA is likely to check illegal mining in the country are given in clause 69 of the MMDR Bill, 2011 which is reproduced below: "69. (1) Without prejudice to any other law for the time being in force, the National Authority may, on the basis of written complaint alleging contravention of the prov1s1ons of the Act or alleging commission of any offence punishable under this Act or the rules made thereunder in respect of major minerals where such contraventions or commission of offences have been committed on large scale or on organised basis or takes place interstate, investigate or cause to be investigated any such complaint or institute prosecution against any person. Jj