Skip to main content

Seeking hurried views on mining reforms, Govt of India 'evades' giving basic data

Counterview Desk

India’s well-known NGO network, mines, minerals and People (mm&P), in a protest letter sent on September 3 to Dr Veena Kumari Dermal, director, Ministry of Mines, Government of India, has said that not only was the time given for comments on the proposed reforms in the mining sector, just 10 days, highly insufficient, even minimum data on the mining sector was provided in order to give meaningful inputs in the official notification.
The data, the letter signed by Rebbapragada Ravi, mm&P chairperson, and Ashok Shrimali, mm&P secretary general says, should have included status of employment in mining of major minerals; status of exploration; status of mineral inventory; current status of grant of major mineral leases, exploration status, approved production levels, actual production of minerals and actual employment from such leases; list of all captive mines and of illegal mining cases.

Text:

We refer to your notice dated August 24, 2020 wherein you have sought comments on substantial matters of reform of mineral laws, rules and regulations within a period of 10 days, i.e., September 3, 2020.
We are writing to register our protest at this radically short time provided for consultation on matters dealing with the shared inheritance of mineral wealth of the states of India. For even a local level public consultation, 30 days is provided. Here we have matters impacting the nation as a whole as well as center-state relations with only 10 days provided.
This is not even enough time to seek information under the Right to Information (RTI) Act to evaluate the proposals meaningfully. We suggest that this violates the Pre-Legislative Consultation Policy (PLCP) of the Government of India, especially point 2 of the decisions taken in the meeting of the Committee of Secretaries held on January 10, 2014.
Your notice proposes the following changes in existing regulations and norms:
  • Changing norms for exploration for auction and seamless transition from exploration to production: (a) Auction of G-4 blocks for seamless exploration and prospecting; (b) private entities in exploration work (regional exploration); (c) private exploration funded by National Mineral Exploration Trust (NMET); (d) resolving legacy issues u/S 10A(2)(b) and 10A(2)(c), reimburse exploration costs under NMET; (e) removing distinction between captive and non-captive mines; (f) all future blocks not earmarked;  (g) removing first right of refusal for captive miners; (h) raising limit of 25% of production for merchant use to 50%; (i) creation of a National Mineral Index; (j) clarify definition of illegal mining – u/S 21(4), 21(5) and to be prospective; (k) rationalize stamp duty. 
  • Focus District Mineral Foundation (DMF) on creating tangible assets, as per Parliamentary Standing Committee – amendment to Section 9B. 
  • Bring unused blocks into production to generate employment – time limit to achieve production, both for private and public sector. 
  • Make NMET truly autonomous; entities notified u/S 4(1) eligible for NMET. 
In order for a meaningful analysis, the wording of the proposed changes to the laws / rules / regulations ought to have been provided.
We would further like to point out that Section 4(1)(c) of the RTI Act, 2005 provides that “Every Public Authority shall publish all relevant facts while formulating policies or announcing decisions which affect public.” At a minimum, the following data should be provided for aiding meaningful inputs from the public and organisations like ours with a record of more than two decades in mining issues:
  1. Status of employment in mining of major minerals, both by lease as well as over time.
  2. Status of exploration: A detailed status of exploration at various levels, including classification of blocks into G1, G2, etc. 
  3. Status of mineral inventory: A detailed mineral inventory must be published giving each ore body location and other details. Where these are within existing mining leases, this information should also be provided. 
  4. Current status of grant of major mineral leases, exploration status, approved production levels, actual production of minerals and actual employment from such leases. 
  5. A list of all “potential leases” that are “blocked in legacy cases” under Sections 10A(2)(b) and 10A(2)(c), exploration status, reserves, lessees and the litigation and status thereof. 
  6. List of all captive mines with full details that would be impacted by changes to the limits of production that can be sold. It is also important to provide a list of all non-captive mines since those will also be impacted by this change. 
  7. A list of illegal mining cases over the last decade that would fall under the two categories, ie, illegal mining done outside leasehold areas and mining in violation of various clearances and approvals inside a mining area. 
  8. Stamp duty laws of various states, amounts collected by way of stamp duty, and the extent of change in state revenue from the proposed change. 
  9. On the DMF, the relevant section from the Parliamentary Committee should have been made available, along with analysis to what extent DMF monies have been used for tangible assets versus other uses. There should have also been some analysis why an amendment is required instead of a notification under Section 20A of the existing Pradhan Mantri Khanij Kshetra Kalyan Yojana (PMKKKY). 
  10. A list of unused blocks along with the name of allottee and the time that it has been unused would be necessary to comment on the recommendations. 
  11. A list of the entities notified under Section 4(1) of the Mines and Minerals (Development and Regulation) (MMDR) Act should have been made available. It is not clear if it is intended that any entity with a mineral lease would be eligible for using NMET funds, or just the entities named in the second proviso. 
All the source data, calculations and conclusions should be made available to the public prior to asking for comments.
And finally, since most of the minerals are in areas most in need of employment generation, it would have been appropriate to have the notice available in languages spoken in those areas, at a minimum, the official languages of the affected states.

Comments

TRENDING

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Costs up, sales down, profits muted: IIM-A surveys 1100 business honchos

By Our Representative  The Indian Institute of Management-Ahmedabad’s (IIM-A’s) latest Business Inflation Expectations Survey (BIES) has said that about 54% of the firms are “still reporting ‘somewhat less than normal’ or lower sales in March 2024”, up from 52% reported in February 2024, adding, overall the survey of 1,100 business executives suggests that profit margin expectations too have remained “slightly muted.”

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

In defence of Sam Pitroda: Is calling someone look like African, black racist?

By Rajiv Shah  Sam Pitroda, known as the father of Indian telecom revolution, has been in the midst of a major controversy for a remark on how Indians across the regions look different. While one can understand Prime Minister Narendra Modi taking it up for his electoral gain, suggesting it showed the racist Congress mindset, what was unpalatable to me was Congress leaders – particularly Jairam Ramesh, known for his deep intellectual understand – distancing themselves from what Pitroda had said.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Maoist scholar who said, 'annihilation of class enemy' talk was a gross error

By Harsh Thakor*  May 11th is the 10th death anniversary of a well-known Marxist intellectual Suniti Kumar Ghosh, also considered a Maoist by many in the Left. I was privileged to have personally met him in Kolkata in March 2009.  It is very rare to experience any personality with such clear thinking ability or incisive thought or one who would penetrate as extensively in historic endeavors in pursuit of truth.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.

How May Day celebrations 'boosted' China's consumer, tourism industry

By Ame Ena*   In China, May Day is an important occasion to celebrate what are considered by the country's authorities as accomplishments and efforts of the working class. The May Day vacation, which is being observed every year from May 1 to May 5, is sought to be projected as an exceptional economic success of the country. 

Akshaya Tritiya, May 10, 'provides eco-system' for child marriages to thrive

By Arshad Hussain*  As Akshaya Tritiya or ‘Akha Teej’ is approaching for celebrations that commence from May 10, discreet preparations are underway to solemnize marriages for its importance to be an auspicious occasion when girl children are driven towards matrimonial alliances making them vulnerable to the grim intricacies of life way ahead of their maturity.

Mired in controversy, India's polio jab programme 'led to suffering, misery'

By Vratesh Srivastava*  Following the 1988 World Health Assembly declaration to eradicate polio by the year 2000, to which India was a signatory, India ran intensive pulse polio immunization campaigns since 1995. After 19 years, in 2014, polio was declared officially eradicated in India. India was formally acknowledged by WHO as being free of polio.