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BY E-MAIL/SPEED POST File No. 7/83/2011-M.IV Government of India Ministry of Mines New Delhi, the 12 th January, 2012 Subject:Quarterly meeting of the Central Coordination-cum-Empowered Committee (CEC) on Mineral Development and Regulation, to be held under the chairmanship of Secretary (Mines) on Monday, the 16 th January, 2012 at 10.30 AM in Aluminium Room, First Floor, D Wing, Shastri Bhawan, New Delhi. The undersigned is directed to refer to this Ministry‟s O.M. of even number dated 13.12.2011 and to send herewith the programme and complete agenda notes for the meeting of the CEC to be held on Monday, the 16 th January, 2012 at 10.30 AM in Aluminium Room, First Floor, D Wing, Shastri Bhawan, New Delhi. 2. Kindly confirm participation of a senior level officer in the meeting. (R.K. Malhotra) Director Tel No. 23383958 1. Secretary, Ministry of Environment and Forests, Paryavaran Bhavan, New Delhi. 2. Director General, Department of Forests, Paryavaran Bhavan, New Delhi. 3. Secretary, Ministry of Home Affairs (IS), North Block, New Delhi. 4. Secretary, Ministry of Steel, Udyog Bhavan, New Delhi. 5. Director General, Civil Aviation, Aurobindo Marg, Opposite Safdarjung Airport, New Delhi. 6. Chairman, Railway Board, New Delhi. 7. Secretary, Ministry of Shipping, New Delhi. 8. Secretary, Department of Revenue, New Delhi. 9. Secretary, Department of Fertilizers, New Delhi. 10. Secretary, Department of Atomic Energy, Mumbai 11. Controller General, Indian Bureau of Mines, Civil Lines, Nagpur. 12. Director General, Geological Survey of India, Kolkata.
Transcript
Page 1: BY E-MAIL/SPEED POST File No. 7/83/2011-M.IV Government of ... notes for … · BY E-MAIL/SPEED POST File No. 7/83/2011-M.IV Government of India Ministry of Mines New Delhi, the 12th

BY E-MAIL/SPEED POST

File No. 7/83/2011-M.IV

Government of India

Ministry of Mines

New Delhi, the 12th January, 2012

Subject:Quarterly meeting of the Central Coordination-cum-Empowered

Committee (CEC) on Mineral Development and Regulation, to be

held under the chairmanship of Secretary (Mines) on Monday, the

16th January, 2012 at 10.30 AM in Aluminium Room, First

Floor, D Wing, Shastri Bhawan, New Delhi.

The undersigned is directed to refer to this Ministry‟s O.M. of even

number dated 13.12.2011 and to send herewith the programme and complete

agenda notes for the meeting of the CEC to be held on Monday, the 16th

January, 2012 at 10.30 AM in Aluminium Room, First Floor, D Wing,

Shastri Bhawan, New Delhi.

2. Kindly confirm participation of a senior level officer in the meeting.

(R.K. Malhotra)

Director

Tel No. 23383958

1. Secretary, Ministry of Environment and Forests, Paryavaran Bhavan,

New Delhi.

2. Director General, Department of Forests, Paryavaran Bhavan, New

Delhi.

3. Secretary, Ministry of Home Affairs (IS), North Block, New Delhi.

4. Secretary, Ministry of Steel, Udyog Bhavan, New Delhi.

5. Director General, Civil Aviation, Aurobindo Marg, Opposite Safdarjung

Airport, New Delhi.

6. Chairman, Railway Board, New Delhi.

7. Secretary, Ministry of Shipping, New Delhi.

8. Secretary, Department of Revenue, New Delhi.

9. Secretary, Department of Fertilizers, New Delhi.

10. Secretary, Department of Atomic Energy, Mumbai

11. Controller General, Indian Bureau of Mines, Civil Lines, Nagpur.

12. Director General, Geological Survey of India, Kolkata.

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13. Secretary, In charge of Mining and Geology in the State of:

i) Andhra Pradesh

ii) Chhatisgarh

iii) Goa

iv) Gujarat

v) Jharkhand

vi) Karnataka

vii) Madhya Pradesh

viii) Maharashtra

ix) Orissa

x) Rajasthan

xi) Tamil Nadu

with the request to make it convenient to attend the meeting.

Copy for information to:

1. PS to Hon‟ble MOS (IC) for (Mines)

2. PPS to Secretary (Mines)

3. Sr. PPS to AS(Mines)

4. PS to JS(MR)

(R.K. Malhotra)

Director

Tel:23383958

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Programme for the quarterly meeting of the Coordination-cum-Empowered Committee (CEC) on Mineral Development and Regulation to be held at 10.30 A.M. on Monday, the 16

th January,

2012 in Aluminium Room, 1st

Floor, D Wing, Shastri Bhawan, New Delhi. Welcome address 10.30 A.M.

1. Presentation by M/s Ernst & Young on the Mining Tenements

System

10.40 A.M.

2. Discussion on the Strategic Plan for the Ministry of Mines (Mckinsey Report)

11.05 A.M.

3. State-wise review of the steps taken by the State Governments for preventing illegal mining, and status of quarterly reports on prevention of illegal mining.

4. Implementation of Rule 45 of the MCDR, 1988.

5. Model State Mineral Policy.

6. Royalty issues.

7. Reservation of mineral bearing areas.

11.20 A.M.

Presentation by Government of Odisha.

8. Strengthening of State Directorates of Geology and Mining.

Lunch

1.30 P.M.

9. Review of the functioning of State Empowered Committees (SEC) and their reconstitution.

10. Steps taken by the MoEF for expediting forest clearances.

11. Timely decisions in accordance with the MMDR Act and MCR, and submission of quarterly reports on mineral concessions.

12. Disposal of Reconnaissance Permit (RP) applications pending with the State Governments.

13. Status of Letters of Intent (LOI).

14. Return of long pending concession cases. Any other item with

the permission of the Chair.

15. Any other item with the permission of the Chair

2.00 P.M.

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Government of India

Ministry of Mines …

Agenda notes for the quarterly meeting of the Coordination-cum-

Empowered Committee (CEC) on Mineral Development and Regulation, to be held on Monday, the 16th January 2012 at 10.30 AM in Aluminium

Room, First Floor, D Wing, Shastri Bhawan, New Delhi. ………

The last meeting of the Coordination-cum-Empowered Committee (CEC)

was held under the chairmanship of Secretary (Mines) on the 20th September,

2011. The minutes of the meeting, which are also available on the Ministry‟s

website (mines.nic.in) were circulated to all State Secretaries, in-charge of

Mining and Geology, Central Ministries/Departments concerned, Geological

Survey of India (GSI) and Indian Bureau of Mines (IBM) on 11.10.2011 with

the request to furnish an action taken report on the points discussed and

decisions taken in the meeting, by 31.10.2011. As no ATR has been received

from the MoEF, IBM and the State Governments, a reminder was issued to

them vide letter dated 30.11.2011.

2. All State Governments may please refer to the minutes of the meeting

of the CEC held on 20.9.2011, and intimate the action taken on each of the

points concerning their States, as follows:-

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3. State-wise review of the steps taken by the State Governments

for preventing illegal mining, and status of quarterly reports on

prevention of illegal mining.

Action taken to curb illegal mining

1. Whether Rules framed for curbing illegal mining under

Section 23C of MMDR Act, 1957 Yes / No

2. Whether Task Force constituted

(a) at State level

(b) at District level

Yes / No

Yes / No

3. Whether meetings of the Task Forces are held regularly Yes / No

4. Last date of meeting of:

(a) State level Task Force

(b) District Level Task Force

dd/mm/yyyy

dd/mm/yyyy

5. Whether quarterly report on illegal mining sent to IBM

for the Quarter ending:

March

June

September

December

Yes / No

Yes / No

Yes / No

Yes / No

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6. Whether quarterly report on illegal mining circulated as

agenda item for discussion in the meeting of

(a) State Level Task Force

(b) SCEC

Yes / No

Yes / No

7. Status on use of satellite imagery / remote sensing data

to curb illegal mining

(a) whether Satellite imagery /Remote sensing data

obtained for mineral bearing areas.

(b) Total mineral bearing area covered (in hectares).

(c) whether digitization of Cadastral maps initiated

under the Central Sponsored Scheme of Department of

Land Resources (DOLR) in the Union Ministry of Rural

Development

(d) No and name of mineral bearing districts where

mapping completed under DOLR scheme.

(e) whether digitized cadastral maps prepared under

DOLR scheme integrated with Satellite imagery/ Remote

sensing data

Yes / No

_______

Yes / No

_______

Yes / No

8. Total number of Mining Leases suspended by the State

Government in the quarter for violations / illegal mining ________

9. Whether Special Cell set up in Police Department to

tackle cases of illegal mining and extortion. Yes / No

10. Action taken by State Governments on violations of

provisions of MCDR, 1988, reported by IBM:

(i) No. of Mining leases cancelled

(ii) No. of Mining leases suspended

____________

____________

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3.1 Action taken by the State Governments for curbing illegal mining as

reported in the following table by each State Governments would be reviewed.

3.2 It has come to notice that some mines are in operation in Andhra

Pradesh without intimating opening of mines to the Indian Bureau of Mines as

required under Rule 22(1) of MCDR, 1988. All State Governments to report on

total number of mining leases granted in the State, mineral-wise, as on

1.4.2011.

4. Implementation of Rule 45 of the MCDR, 1988

4.1 Rule 45 of MCDR, 1988 has been amended on 9th February 2011 to

make it mandatory for all mining lease holders, traders, exporters, stockists,

and end-users of minerals to register online with the IBM. The Rule further

makes it mandatory for all mining lease holders, traders, exporters, stockists

and end-users to report to IBM and State Government on the transaction in

minerals on monthly and annual basis.

4.2 Online registration system has commenced and is available on the

website of IBM (http://ibm.nic.in).

4.3 IBM is developing online monthly and annual reporting software, which

is likely to be operational by March 2012. Till then all lease holders, traders,

exporters, stockists and end-users are required to report manually to the IBM

and the State Governments.

4.4 In this context, status on action taken by the State Governments on

implementation of Rule 45 of MCDR, 1988 as per table given below would be

reviewed.

Implementation of amended Rule 45 of MCDR, 1988

1. (a) Total number of Mining Lease holders in State:

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(b) Total number of Mining Lease holders reporting to State

Government:

(i) on monthly basis-

(ii) on annual basis-

(c) Total number of Mining Lease holders not reporting

(i) on monthly basis-

(ii) on annual basis-

(d) whether details of non-reporting Mining Lease holders

informed to IBM for initiating action:

(e) whether State Government has any mechanism for auditing

of monthly reports by Mining Lease holders:

(f) If yes, number of reports of Mining Lease holders audited:

(g) Whether traders, exporters, stockist, end-users of minerals

have started reporting to State Government as per Form „N‟ of

MCDR, 1988.

(h) Please give details on reporting by traders, exporters,

stockist, end-users of minerals in the table given below:-

Activity Total No. of

persons

registered in the

State

Total

Number of

reporting to

State Govt.

Total

Number

Not

reporting

to State

Govt.

Trader

Exporter

Stockist

End-

user

__

__

Yes / No

Yes / No

______

Yes / No

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2. Whether the State Government has evolved any mechanism for

audit of monthly report given by traders, exporters, stockists

and end-users of minerals in Form „N‟ of MCDR, 1988. Yes / No

3. If yes, how many reports have been audited so far. ______

4. Whether Transporters of minerals have been registered Yes / No

5. Whether State Government has commenced automation of

issue of Transit Permits (on the pattern of NCode System

Solution in Gujarat).

Yes / No

6. Whether data on export of mineral obtained from

Customs/Port. Yes / No

7. If yes, whether correlated with data reported to State

Government. Yes / No

8. Total number of licenses/ permits cancelled or restrictions

issued violations by :

(i) Traders of minerals

(ii) Exporters of minerals

(iii) Stockists of minerals

(iv) End-users of minerals.

______

______

______

______

4.5 Implementation of Rule 45 of MCDR, 1988 by IBM would be reviewed

region-wise state-wise. Position as on 9.1.2012 is at Appendix.

5. Model State Mineral Policy

Review of the status of notification of Mineral Policy by respective State

Governments. In this context, Strategic Plan prepared by the Ministry may also

be incorporated.

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6. Royalty issues

6.1 Rates of Royalty were revised on 13th August 2009, and rule 64D was

amended in December 2009.

6.2 A Monitoring Committee has been set up in the Indian Bureau of Mines

to look into the various aspects of publishing of average sale prices of minerals

for computing royalty on ad valorem basis.

6.3 The Ministry of Mines has set up a Study Group on revision of rates of

Royalty and Dead Rent vide order dated 13.9.2011.

6.4 A Questionnaire has been prepared by IBM which seeks to capture

detailed mineral-wise financial statement on the impact of the royalty rate

revision on the revenues, and suggestions on improving the mechanism for

discovery of prices of minerals for streamlining the system. This questionnaire

has been sent to State Governments for their response. Response awaited.

7. Reservation of mineral bearing areas

7.1 Details on mineral bearing areas reserved in various States have been

hosted on the website of the IBM.

7.2 All State Governments have been requested to update and verify the

data on reservation.

7.3 Status on reservation would be reviewed as per table given below:

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Reservation of mineral bearing areas in the State

1.

Total mineral bearing area under reservation in the State

Government

(i) Under Section 17A (1A) of MMDR Act, 1957:

(ii) Under Section 17A(2) of MMDR Act, 1957:

(iii) Under any other provision:

(in hectares)

(in hectares)

(in hectares)

8. Strengthening of State Directorate of Mining and Geology

8.1 National Mineral Policy, 2008, emphasizes on the need to develop

capacity and strengthen State Directorate of Mining and Geology for better

regulation of the mining sector. The need for strengthening of the State DGMs

has acquired significance with the increase in the number of cases of illegal

mining, especially in light of the fact that with the revision in the rates of

royalty, sizeable revenue accrues from the mining sector. Strengthening of the

State DGMs is also a necessity to increase the efficiency at State level and

reduce delays in the process of allocation of concessions.

Steps taken by State Governments to identify the areas which require

strengthening and specific details to be reviewed.

Action Plan prepared by the State Government to strengthen State

DGMs to be reviewed.

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9. Reconstitution of the Central Coordination-cum-Empowered

Committee and review of the position regarding constitution of

State Level Empowered Committees.

9.1 The Ministry of Mines had, on 4th March, 2009, constituted a

Coordination-cum-Empowered Committee (CEC) in order to monitor and

minimize delays in grant of approvals by the Central Ministries/Departments for

mineral concessions. The CEC has developed into a very useful forum for

sharing experiences and practices of the State Governments and deliberating

on various important issues relating to mineral development. Considering the

need for having more effective coordination among the Central

Ministries/Departments and the State Governments for grant of mineral

concessions as well as for dealing with other important matters relating to

mineral development and regulation in the country, the Ministry has on

20.12.2011 reconstituted the CEC as “Coordination-cum-Empowered

Committee on Mineral Development and Regulation”. Its Terms of Reference

(TOR) have also been broadened so as to bring within its ambit other

important matters viz. Sustainable Development Framework,

coordination/review of steps for prevention of illegal mining, issues arising out

of the National Mineral Policy and legislation governing mineral development

etc. A copy of the Ministry‟s Order of even number dated 20.10.2011 in this

regard is at Annexure-I.

9.2 The Ministry has been requesting all State Governments to constitute

their State level Empowered Committee (SEC) under the chairmanship of Chief

Secretary or Additional Chief Secretary/Principal Secretary of the

Mining/Industries Department with representation from all

Departments/Institutions concerned. As per the information received by the

Ministry, all mineral-rich States viz. Andhra Pradesh, Chhattisgarh, Goa,

Gujarat, Jharkhand, Karnataka, Madhya Pradesh, Maharashtra, Orissa,

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Rajasthan and Tamil Nadu have constituted their SECs, and in many States,

SECs are meeting regularly.

9.3 Keeping in view the various critical issues and challenges presently

facing the mineral sector, which have necessitated reconstitution of the CEC

and revision of its TOR, all State Government also need to review the

composition and TOR of their SEC, and effect suitable changes therein. As

mentioned in the previous meetings of the CEC, the SEC should include the

Ministries/Departments of Steel, Environment & Forests, Shipping, Railways,

Revenue (Customs) and Fertilizers, besides GSI and IBM, so that the whole

gamut of issues facing the mineral sector could be considered by the

Committee. Secretary (Mines) has written to all Chief Secretaries in this regard

vide letter dated 17.11.2011 (Annexure-II).

9.4 As requested in Secretary (Mines)‟s aforesaid letter, all State

Governments may also ensure action on the following aspects:

(a) The order constituting/reconstituting the SEC should be put on the

website of the State Government;

(b) A State Government officer of sufficiently senior level should be

nominated to function as the Nodal Officer for dealing with the matters

concerning the Ministry of Railways, Ministry of Shipping and Department

of Revenue;

(c) The SEC should meet once in three months;

(d)All mineral concession cases pending with the State Governments and

other important issues should be put up before the SEC to facilitate their

review and expeditious disposal; and

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(e) The proceedings of the SEC meetings should invariably be put up on

the State‟s website.

9.5 All State Governments to intimate the action taken by them on the

above-mentioned points.

10. Steps taken by the Ministry of Environment and Forests for

expediting environment and forest clearances.

10.1 The need to have an efficient and transparent system for processing

environment and forest clearances in respect of the mineral concession cases

approved by the Ministry of Mines, has been one of the main agenda items for

all the previous meetings of the CEC. The CEC has been unanimous in deciding

that for this purpose, the MOEF should have a database that has connectivity

with the State Forest Departments.

10.2 In the meetings of the CEC held on 18.6.2010, 22.12.2010, 3.5.2011

and 20.9.2011, it was decided that the State Governments would prepare a list

of cases awaiting forest clearance and send it to the MOEF, so that they could

be expeditiously followed up. The Governments of Chhattisgarh, Gujarat and

Rajasthan had sent their respective lists to the Ministry of Mines, which were

forwarded to the MoEF - Gujarat‟s list on 17.10.2011 and Chhattisgarh and

Rajasthan‟s lists on 9.11.2011. All other State Governments to please send

their respective lists to the MoEF directly, under intimation to the Ministry of

Mines for expeditious follow-up.

10.3 It was decided in the CEC meeting held on 22.12.2010 that a Working

Group may be set up in order to evolve software solution for monitoring the

pendency of FCA applications at the State Government level. Accordingly, a

Working Group under the chairmanship of Additional Secretary has been

constituted in the Ministry of Mines on 20.1.2011. The Working Group

comprises representatives of the MOEF, NICs of the Ministry of Mines and the

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MOEF, and the State Governments of Chhattisgarh, Gujarat, Karnataka and

Madhya Pradesh.

10.4 The Working Group held detailed discussions on all aspects of the

proposed software in its three earlier meetings - on 5.4.2011, 4.6.2011 and

8.9.2011, wherein the State Governments conveyed their concurrence to the

templates of the proposed software. Another meeting of the Working Group

was scheduled to be held on 15th December, 2011 for ascertaining the present

status of the software. However, as no officer of the MoEF came for the

meeting, the progress in this regard could not be reviewed.

10.5 In the previous meeting of the Working Group held on 8.9.2011, the

MoEF had informed that the proposed software would be operationalised in

September, 2011. The software would cover both - the pre-registration as well

as the post-registration processes in the sense that even if an application was

incomplete in terms of the requisite information/ documents, and was rejected

by the Nodal Officer, the software would show it as received but pending for

want of information/documents. However, in case of the applications

submitted online, the software would not accept incomplete applications, and

hence would not capture their receipt. It was informed that training was to be

imparted to the officers and staff who would be using the software. It was also

informed that the guidelines on the subject were also under finalization.

10.6 It was also noted by the Working Group that the software would assign

a unique ID No. to each application, which could be generated on the basis of

the LOI No. issued by the State Governments.

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10.7 The CEC may review further progress in this direction. The MoEF to

take action on the points agreed on in the meetings of the Working Group, as

follows:

i. Operationalise the software at the earliest;

ii. Conduct training programmes for the software functionaries;

iii. Finalize and circulate the guidelines on the subject; and

iv. Circulate a list of the Nodal Officers among the State Governments

11. Timely decisions in accordance with the MMDR Act and MCR, and

submission of quarterly reports.

11.1 Rule 63A and 24A of the Mineral Concession Rules lay down time

schedules for (a) disposal of concession applications: and (b) grant of renewals

respectively. For various reasons, applications remain pending and in case of

renewals, operate under deemed extensions. These circumstances at times

lead to incidence of illegal mining.

11.2 In view of this, the Ministry has, vide letter dated 15.12.2009,

prescribed quarterly reports to be submitted by the State Governments on (i)

disposal of applications for mineral concessions (ii) lease/licence execution

status and (iii) status of renewal of concessions. This letter along with the said

proformae is also available on the website of the Ministry (www.mines.nic.in).

11.3 This has been one of the agenda points for all the previous meetings of

the CEC. The State Governments were reminded for submission of the

quarterly reports vide letters dated 29.1.2010, 17.5.2010, 23.8.2010,

7.12.2010, 18.2.2011, 6.6.2011 and 11.8.2011. Secretary (Mines) also wrote

to the Chief Secretaries about this on 9.9.2010 and 16.3.2011. Another letter

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reminding the State Governments in this regard was issued on 15.11.2011.

11.4 However, it is seen that most of the States have still been unable

to send quarterly reports to the Ministry. The status of receipt of quarterly

reports as on 10.1.2012 is given in the statement at Annexure-III. It is also

available on the Ministry‟s website.

11.5 Besides, it is seen from the reports received from the State

Governments that there is huge pendency of mineral concession and renewal

applications. It is also noticed that the pace of disposal of cases has been

extremely slow. The pendency is particularly high in the States of Andhra

Pradesh, Chhattisgarh, Goa, Gujarat, Jharkhand, Karnataka, Madhya Pradesh,

Orissa and Tamil Nadu. A statement showing the State-wise pendency of

mineral concession applications, LOIs and renewal applications, as per the

State Governments‟ quarterly reports, is at Annexure-IV. A State-wise

review of the position regarding pendency would be undertaken in the meeting.

11.6 Needless to reiterate, the State Governments must accord due

importance to the matter, and address the matter as brought out below:

i) Adhere to the time-frame prescribed under Rule 63A of the MCR for

disposal of concession applications, viz. RP (within 6 months); PL (within 9

months); and ML (within 12 months).

ii) Ensure renewal of mining leases in time as prescribed under Rule 24A of

the MCR.

iii) Ensure that all their records regarding mineral concession and renewal

applications are maintained properly and updated regularly.

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iv) Put up the status of concession cases before the SEC on a quarterly

basis for review and expeditious disposal.

(v) Adhere to the timelines prescribed by the Ministry for submission of

reports i.e. within one month of the close of the quarter.

(vi) Undertake special drives for minimizing the pendency of applications and

renewal cases.

12. Disposal of Reconnaissance Permit (RP) cases pending with the State Governments.

12.1 It has been brought to the notice of the Ministry that a large

number of applications for Reconnaissance Permit (RP) are pending at various

levels in the States. Considering that in the new Act, RPs would be made non-

exclusive, it is imperative that the RP applications are disposed of without any

further delay. The need for expeditious disposal of RP applications has been

one of the agenda items for the previous meetings of the CEC. However, it is

observed that there has not been much progress in this direction, and a large

number of RP applications are still pending with the State Governments. As

per the information furnished by the State Governments in their quarterly

reports, the numbers of RP applications pending with them are as follows:

Name of the State No. of RP applications pending

Andhra Pradesh 32

Chhattisgarh 65

Goa 12

Gujarat 14

Haryana 05

Himachal Pradesh 02

Jharkhand 72

Karnataka 143

Kerala 10

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The State Governments are advised to prepare a time-bound action plan for

disposal of these applications.

13. Status of Letters of Intent (LOI) for purpose of reconciliation.

13.1 The experience of the Ministry has been that in a large number

of cases where the prior approval of the Ministry has been conveyed to the

State Governments, no intimation is received regarding issuance or LOIs by the

State Governments. As per the information furnished by the State

Governments in their quarterly reports, the position regarding pendency of

LOIs in respect of the cases where prior approvals have been conveyed to the

State Governments is as follows:

Madhya Pradesh 52

Maharashtra 12

Orissa 33

Rajasthan 0

Tamil Nadu 11

Total 463

Name of the State No. of LOIs pending

Andhra Pradesh 136

Chhattisgarh 17

Goa 0

Gujarat 34

Haryana 10

Himachal Pradesh 02

Jharkhand 609

Karnataka 28

Kerala 43

Madhya Pradesh 26

Maharashtra 65

Orissa 0

Rajasthan 0

Tamil Nadu 02

Total 972

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13.2 It needs to be ensured by the State Governments that there is

no inordinate delay in issuance of LOIs.

13.3 It was informed in the meeting of the CEC held on 3.5.2011 that

Regional Offices of IBM were carrying out data entry regarding LOIs. IBM had

informed that the data entry regarding LOIs was already under way, and since

the work was an ongoing process, the State Governments should evolve a

system whereby the requisite information could be furnished to IBM regularly.

The State Governments to send complete list of LOIs issued by them till date

to IBM on a regular basis. Secretary (Mines) had desired that lists of LOIs be

given online. It was also suggested that IBM and the State Directors could

hold monthly meetings to reconcile their data.

14. Return of long pending cases

14.1 The Ministry is keen to ensure that mineral concession cases are

disposed of within a reasonable time. The Ministry has started carrying out

preliminary scrutiny of the concession proposals received from the State

Governments within one month of receipt of the proposals. This is done in

order to ascertain whether the State Governments had furnished all the

requisite documents/information as per the check-list. In case of deficient

proposals, a reference is made to the State Governments. However, detailed

examination of the proposals is done later. In any case, the Ministry‟s efforts

are to take a final decision on the proposals within six months of their receipt.

14.2 Besides, the Ministry has been writing to the State Governments

seeking clarifications/comments/documents relating to various aspects of the

mineral concession proposals recommended by them. The Ministry has, vide

circular dated 29th July, 2010, issued guidelines to the State Governments

regarding speedy processing of proposals referred to the State Governments

seeking information/clarification/comments. As per these guidelines, the cases

where there has been no response from the State Governments within a period

of six months, will be returned to the State Governments.

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14.3 The Ministry has, vide letter dated 30th November, 2011

(Annexure-V), written to all State Governments forwarding therewith a list of

cases in respect of each State which had been pending for want of information

from the State Governments. It has been conveyed to the State Governments

that if no response is received from them to the Ministry‟s queries by

31.12.2011, the Ministry would be constrained to return the cases pending for

over six months as on 31.12.2011.

14.4 The State-wise number of cases pending with the State

Governments including those pending for over 6 months is given in the

following table:

Name of

the State

No. of cases pending with the State

Government

Total

Reconnaissance

Permit

Prospecting

Licence

Mining

Lease

Andhra

Pradesh

- 2 1 3

Chhattisgarh 1 8 8 17

Gujarat - - 1 1

Jharkhand - 2 1 3

Karnataka 1 2 16 19

Kerala - - 1 1

Madhya

Pradesh

10 46 12 68

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Maharashtra - 5 12 17

Rajasthan - 2 15 17

Tamil Nadu - - 13 13

West Bengal - 3 - 3

Total 12 70 80 162

14.5 All State Governments to expedite their replies especially in

cases which have been pending for over six months as on 31.12.2011.

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Annexure III

Ministry of Mines

Position regarding receipt of quarterly reports from the State Governments on status of (i) disposal of applications for mineral concessions (ii) lease/licence execution status and (iii) renewal of concessions.

(Position as on 10.01.2012)

State Reports for the quarters ending

Dec 2009 March 2010 June 2010 Sept 2010 Dec 2010 March 2011 June 2011 Sept 2011

Andhra Pradesh Not received

Not received

Not received Received Not received Not received Not received Not received

Chhattisgarh Not received Not received

Not received Received Received Received Received Received

Goa Received Received Received Received Received Received Received Received

Gujarat Not received Not received

Received Received Received Not received Received Received

Jharkhand Not received Not received

Not received

Received Not received Not received Not received Not received

Karnataka Received Received Received Received Received Received Received Received

Kerala Received Received Received Not received

Not received Not received Not received Not received

Madhya Pradesh Not received

Not received

Not received

Received Received Received Received Not received

Maharashtra Not received

Not received

Part received

Part received Not received Received Received Received

Orissa Not received

Not received

Not received

Not received Not received Part received Part received Received

Rajasthan Not received Not received

Not received

Received Received Received Received Received

Tamil Nadu Received Received Received Not received Received Received Not received Not received

Haryana Received Not received Received Not received Not received Received Received Not received

Himachal Pradesh Received Received Received Received Received Received Received Not received

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Annexure IV

Statement showing pendency of mineral concession applications, LOIs and renewal applications, as per quarterly reports received from the State Governments

(Position as on 10.01.2012) S. No.

Name of the State Quarterly Report received up to

No. of pending Applications No. of pending LOIs

No. of pending renewal appli-cations

RP PL ML TOTAL

1 Andhra Pradesh Sept-10 32 1697 2796 4525 136 71

2 Chhattisgarh Sept-11 65 1919 738 2722 17 16

3 Goa Sept-11 12 665 93 770 0 381

4 Gujarat Sept-11 14 1305 3525 4844 34 507

5 Haryana June-11 5 218 425 648 10 19

6 Himachal Pradesh June-11 2 15 11 28 2 20

7 Jharkhand Sep-10 72 777 3015 3864 609 350

8 Karnataka Sept-11 143 2806 16317 19266 28 198

9 Kerala Jun-10 10 0 43 53 43 7

10 Madhya Pradesh June-11 52 4360 734 5146 26 137

11 Maharashtra Sept-11 12 150 88 250 65 42

12 Orissa Sept-11 33 1870 1676 3579 0 178

13 Rajasthan Sept-11 0 121 0 121 0 0

14 Tamil Nadu Mar-11 11 47 1002 1060 2 163

TOTAL 463 15950 30463 46876 972 2089

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Working Non-working

Total (10+11)

Working Non-working

Total (13+14)

G. Total (12+15) (16 ≤ 6 )

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22Ajmer Rajasthan Iron ore 3 13 16 13 11 11 1 11 12 2 0 2 14 2 0 0 2 0Bangalore Karnataka Iron Ore 112 40 152 125 96 96 112 39 151 0 0 0 151 1 0 0 1 1Bhubaneswar Orissa Iron Ore 89 52 141 71 71 71 62 44 106 27 8 35 141 0 0 0 0 2

Goa Iron Ore 109 163 272 98 85 85 109 150 259 0 0 0 259 13 0 0 13 3 Suspension order issued in 20 cases.

Karnataka Iron Ore 3 4 7 4 3 3 3 0 3 0 0 0 3 4 0 0 2 0 Suspension order issued in 2 cases

Maharastra Iron Ore 6 14 20 6 0 0 0 0 0 6 12 18 18 2 0 0 2 0 Suspension order issued in 2 cases

Hyderabad Andhra Pradesh Iron Ore 46 22 68 52 48 48 43 8 51 3 0 3 54 14 0 0 4 0 14 suspendedJabalpur M P Iron Ore 21 10 31 27 24 24 17 8 25 3 0 3 28 3 0 0 3 1Kolkata Jharkhand Iron Ore 20 18 38 22 18 18 19 12 31 1 1 2 33 5 0 0 4 0Nagpur Chattisgarh Iron ore 13 1 14 6 6 6 13 1 14 0 14 0 0 0 0

Maharastra Iron ore 9 2 11 8 7 7 9 1 10 0 0 0 10 1 0 0 1 0 1-Recommended for termination

431 339 770 432 369 369 388 274 662 42 21 63 725 45 0 0 32 7Bangalore Karnataka Manganese Ore 15 20 35 24 19 19 14 16 30 0 0 0 30 5 0 4 0Bhubaneswar Orissa Manganese Ore 12 33 45 31 30 30 4 22 26 8 10 18 44 1 0 0 1 1Goa Goa Manganese Ore 2 71 73 23 11 9 2 52 54 0 2 2 56 17 0 2 12 3 Suspension orders

issued to 8 casesHyderabad Andhra Pradesh Manganese Ore 48 4 52 43 43 43 42 1 43 0 0 0 43 9 0 0 0 0 1 suspendedJabalpur M P Manganese Ore 2 1 3 3 3 0 0 0 0 0 0 0 0 3 3 0 0 0

Jharkhand Manganese ore 1 0 1 1 1 1 1 0 1 0 0 0 1 0 0 0 0 NA West Bangal Manganese Ore 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 NA

Nagpur Madhya Pradesh Manganese Ore 46 28 74 53 15 15 32 2 34 0 34 40 0 0 38 0Maharastra Manganese Ore 25 17 42 16 13 13 26 11 37 0 37 5 0 3Gujarat Manganese Ore 1 1 1 1 1 1 0 1 0 1 0 0Rajasthan Manganese Ore 1 0 1 1 1 1 1 0 1 0 1 0 0 0 0 0

151 175 325 196 137 132 121 104 225 8 12 20 245 80 3 2 58 4Ajmer Rajasthan Other than Fe/ Mn 317 1067 1384 1167 768 736 222 720 942 14 0 14 956 428 6 26 425 34

Karnataka Other than Fe/ Mn 43 106 149 100 91 82 43 81 124 0 4 4 128 21 9 0 18 0 For few leases more Kerala Other than Fe/ Mn 25 43 68 50 42 40 22 33 55 1 1 2 57 11 1 1 10 0

Bhubaneswar Orissa Other than Fe/ Mn 90 288 378 163 0 0 0 0 378 0 0 0 1 The figures are not reported. Same will be reconsiled shorty.

Chennai Tamil Nadu Other than Fe/ Mn 633 288 921 444 261 223 384 60 444 0 444 477 9 29 182 7Uttarakhand Other than Fe/ Mn 61 13 74 70 55 52 50 1 51 2 0 2 53 21 1 2 15 0H P Other than Fe/ Mn 35 9 44 36 20 20 24 3 27 2 1 3 30 14 0 0 14 0J & K Other than Fe/ Mn 48 21 69 60 20 20 20 0 20 0 20 49 0 0 40 0Goa Other than Fe/ Mn 2 1 3 2 1 1 2 0 2 0 0 0 2 1 0 0 1 0Karnataka Other than Fe/ Mn 109 96 205 115 87 83 103 68 171 10 0 10 181 24 0 4 20 2Maharastra Other than Fe/ Mn 25 40 65 40 16 13 17 19 36 5 4 9 45 20 0 3 22 2

Hyderabad Andhra Pradesh Other than Fe/ Mn 991 745 1736 466 445 445 516 155 671 72 0 72 743 993 0 51 0 issued orders for suspension to 23 mines

M P Other than Fe/ Mn 332 378 710 453 173 156 162 121 283 44 20 64 347 363 16 1 280 5U P Other than Fe/ Mn 24 62 86 56 19 18 16 12 28 2 6 8 36 50 1 0 37 0Jharkhand Other than Fe/ Mn 27 42 69 40 17 17 21 14 35 4 1 5 40 29 0 0 23 0West Bangal Other than Fe/ Mn 22 27 49 41 22 22 20 6 26 0 0 0 26 23 0 0 19 0Sikkim Other than Fe/ Mn 0 2 2 1 0 0 0 0 0 0 0 0 0 2 0 0 1 0Assam Other than Fe/ Mn 4 0 4 4 4 4 3 0 3 1 0 1 4 0 0 0 0 0Meghalaya Other than Fe/ Mn 14 0 14 8 8 8 14 0 14 0 0 0 14 0 0 0 0 0Manipur Other than Fe/ Mn 0 1 1 1 1 1 0 0 0 0 1 1 1 0 0 0 0 0Chhattisgarh Other than Fe/ Mn 109 196 305 187 39 39 62 25 87 0 305 0 148 0Madhya Pradesh Other than Fe/ Mn 34 73 107 83 13 13 16 8 24 0 107 0 0 70Maharashtra Other than Fe/ Mn 59 53 112 73 23 23 41 13 54 0 112 0 0 50Bihar Other than Fe/ Mn 8 36 44 0 5 5 8 34 42 0 0 0 42 2 0 0 2 0Jharkhand Other than Fe/ Mn 109 152 261 0 84 84 102 44 146 0 0 0 146 115 0 0 115 18Gujrat Other than Fe/ Mn 530 332 862 535 336 336 458 203 661 0 0 0 661 201 0 0 199 0Rajsthan Other than Fe/ Mn 150 231 381 249 214 214 152 165 317 0 0 0 317 64 0 0 35 0

3801 4302 8103 4444 2764 2655 2478 1785 4263 157 38 195 4293 3810 43 66 1777 694383 4816 9198 5072 3270 3156 2987 2163 5150 207 71 278 5263 3935 46 68 1867 80

Region State Mineral Total No. of leases Total No. of lessee ( 7 ≤ 6 )

Total No. of Application received as

on date ( 7 ≤ 6 )

No. of application pending as

on date (8-9)

No. of application marked as

junked

No. of lessee not applied

for registration

so far

APPENDIX (page 1/2)Daily report of registration under rule 45 of MCDR 1988 as on 10.01.2012.

Name and Designation of Nodal Officer :Incremental increase in registration

Remarks, if anyWorking Non-

workingTotal (4+5)

Within the region In other regionTotal No. of Registration granted as on date (

9 ≤ 8 )

Total no. of leases covered under registration granted Total No. of leases not

registered so far in the region

(6-16)

Goa

TOTAL (Iron Ore)

Kolkata

Udaipur

TOTAL (Manganese Ore)

Bangalore

Udaipur

TOTAL (Other than Fe/Mn)G. TOTAL

Dehradun

Goa

Jabalpur

Kolkata

Nagpur

Ranchi

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Region State Mineral Total No. of leases where violations cum SCN pointed out

Total No. of violations rectified by submitting the application

Total No. of mining operation suspended under rule 45(7)(i)(a)

Total No. of cases where prosecution initiated as per rule 45(7)(i)(b)

Total no of cases recommended for termination as per rule 45(7)(i)(c )

Remarks, if any

AjmerRajasthan Iron ore 16 14 2 0 0

2 cases forwarded to ZO for suspention.

Bangalore Karnataka Iron Ore 57 51 14 0 0Bhubaneswar Orissa Iron ore 16 16 3 0 0

Goa Iron Ore 1 1 20 0 0Karnataka Iron Ore 0 0 2 0 0Maharastra Iron Ore 0 0 2 0 0

Hyderabad Andhra Pradesh Iron Ore 68 54 14 0 0Jabalpur M P Iron ore 16 12 0 0 0Kolkata Jharkhand IronOre 8 3 7 0 0

Chattisgarh Iron Ore 0 0 0 0 0Maharastra Iron Ore 2 2 0 0 1

184 153 64 0 1Bangalore Karnataka Manganese Ore 30 22 3 0 0Bhubaneswar Orissa Manganese ore 265 44 0 0 0

Goa Manganese ore 0 0 8 0 0Karnataka Manganese ore 0 0 0 0 0Maharastra Manganese ore 0 0 0 0 0

Hyderabad Andhra Pradesh Manganese ore 52 43 1Madhya Pradesh Manganese ore 24 2 0 0 0Maharastra Manganese ore 8 4 0 0 0

379 115 12 0 0Ajmer

Rajasthan Other than Fe/Mn 488 50 5 3 010 cases forwarded to ZO for suspention

Karnataka Other than Fe/Mn 73 41 8 0 0Kerala Other than Fe/Mn 44 27 43 0 0

Bhubaneswar Orissa Other than Fe/Mn 265 48 0 0 0Chennai T N Other than Fe/Mn 364 94 0 0 0

Uttarakhand Other than Fe/Mn 28 26 0 0 0H P Other than Fe/Mn 22 18 0 0 0J & K Other than Fe/Mn 32 12 0 0 0Goa Other than Fe/Mn 0 0 0 0 0Karnataka Other than Fe/Mn 0 0 0 0 0Maharastra Other than Fe/Mn 0 0 0 0 0

Hyderabad Andhra Pradesh Other than Fe/Mn 1231 747 23 0 0M P Other than Fe/Mn 87 21 0 0 0U P Other than Fe/Mn 1 0 0 0 0

Jharkhand Other than Fe/Mn 45 14 32Suspended under rule 13(2)

West Bengal Other than Fe/Mn 28 5 26 0 0Sikkim Other than Fe/Mn 2 0 2 0 0Assam Other than Fe/Mn 0 0 0 0 0Meghalaya Other than Fe/Mn 0 0 0 0 0Manipur Other than Fe/Mn 0 0 0 0 0Chhattisgarh Other than Fe/Mn 91 14 0 0 0Madhya Pradesh Other than Fe/Mn 47 0 0 0 0Maharastra Other than Fe/Mn 54 12 0 0 0Bihar Other than Fe/Mn 0 0 0 0Jharkhand Other than Fe/Mn 58 52 0 0 0Gujrat Other than Fe/Mn 428 130 1 0 0Rajasthan Other than Fe/Mn 314 109 0 0 0

2960 1181 139 3 03523 1449 215 3 1

APPENDIX (page 2/2)Administration of Rule 45 (7)(i)(a), (b) & (c ) of MCDR 1988

Position as on : 10.01.2012.

Goa

Nagpur

TOTAL (Iron Ore)

Goa

Nagpur

TOTAL (Manganese Ore)

Bangalore

Dehradun

Goa

G. TOTAL

Jabalpur

Kolkata

Nagpur

Ranchi

Udaipur

TOTAL (Other than Fe/Mn)


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