Cement Energy and Environment

·f Amendment of seortion 1'.~ - lnsertton of new sec!lon 20A Power of Centnl Government to usue directions Amendment of section 21. 10 THE GAZETTE OF Th'TIIA EXTRAORDINARY [PART II- 17. In sectionl 7Aof the ptincipal Acr. after sub-section (2 ). the following sub-sections shalllX' inserted. namely:- "(.?A) Wherr in exercise of the powers cmlferred by sub-section (JA) or sub– section (2). the Central Government or the State Government. as the case may be. resetves any area for undertaking prospecting or mining operations. the Stare Government shall grant prospecting licence or mining lease. as the case may be. in respect of surh area to such Government company or corporatim1: Provided that in res~.ct of any mineral spedfied in Part Aand Part B of the First Schedule. the StateGovernment shall grant the prospecting licence ormining lease. as the case may be. only after obtaining the previous approval of the Central Government (2B) Where the Government company or corporation is desirous ofcarrying out the prospecting operations or mining operations in a joint venture with other persons. the joint venmre partner shall be selected through a competitive process, and such Government company or corporation shall hold more than seventy-four per cent of the paid up share capital in such joint venture. ( 2 C) Ami .ni.ng lease granted to aGovernment company or corporation. or a joint venture. refened to in sub-sections (2A) and (28 ), shall be granted onpayment of surh amount as may be prescribed by the Central Government". 18. After section 20 of the principal Act, the following section shall be inserted. namely:- "20A. (1) Notwithstanding anything contained in this Act. the Central Govenunenr may issue such directions to the StareGovernments. as may be required for the conservation of mineral resources, or on any policy matter in the national interest. and for the scientific and sustainable development and exploitation of mineral resources. (2) In particular. and without prejudice to the generality of the foregoing powers. the Central Government may also issue directions in respect of the following matters. nanrly:- (i) improvement in procedure for grant of mineral concessions and to ensure co-ordination among agencies entrusted with according statutory clearances: (ii} maintenance of internet-based databases including development and operation of a mining tenement system: (iii) implementation and evaluation of sustainabledevelopment frameworks: ( iv) reduction in waste generation and relatedwaste management practices and promotion of recycling of materials: (r) minimising and mitigating adverse environmental impacts particularly in respect of gmund water. air. ambient noise and land: (vi) ensuring minimal ecological disntrbance. in terms of bio-diversity. flora. fauna and habitat: (vii) promoting restoration and reclamation activities so as to make optimal use of mined out land for the benefit of the local communities: and (l·iii) such other matters as may be necessary for the purposes of implementation of this Act.... 19. In section 21 of the principal Act, for sub-sections (1) and (2). the following sub– sections shall be substituted, namely:- "(1) Whoever contravenes the provisions of sub-section (1) or sub-section ( 1 A) of section4 shall be punishable with impri.sOlUDCJlt for a term which may extend to five years and with fur which may extend to five lakh rupees per hectare of the area.