Illegal Mining and Transportation Monitoring

Sr. No.

Question

Answer

1

To curb illegal mining activities any committee have been formed by state Government.

State Govt. has formed Task Force Committee vide notification dated 19/9/2005 to review the illegal mining activities in the state.

Also wide resolution dated 17.01-2011 grievance redressal committees have been formed: In which accountability and responsibility of In -Charge Police Officer/Revenue Officer /Officer of the Geology and Mining of the concerned area will be held accountable for negligence towards official duty.

2

Whether any appreciations have been made by the Central Govt. for actions initiated to curb illegal mining activities by the State.

Yes,

Secretary, Ministry of Mines, GOI, New Delhi has issued appreciation letter on 31/3/2010, for effective mechanism put in place to prevent cases of illegal mining.

Also action taken by State Government by adopting E-Governance has been appreciated and asked other states to adopt Gujarat pattern in the meeting of CEC -MOM-GOI Dt. 22-12-2010.

3

Which type of mining activity is illegal?

Any mining activity where excavation, dispatch, stocking or work is done without lawful permission is illegal (without P.L , M.L, Q.L)

• Use of royalty passes to dispatch mineral excavated form other than the granted lease area.

• The excavation / dispatched any other mineral for which concession is not granted.

• The excess mineral excavated from granted lease area without showing it in statutory returns or without payment of advance royalty.

• The mineral excavation from any other area than the granted area and the same shown in accounts of granted area.

4

As per Gujarat Mineral (prevention of illegal mining, transportation and storage) -Rules- 2005 what is illegal mining/ transport activity?

Transportation of mineral without lawful Triplicate pass or delivery Challan or excess quantity or time limit.

• Storage of mineral without lawful permission

• Transportation of mineral not having royalty pass/Delivery Challan.

5

How many cases of illegal mining, transportation and stock have been detected in the entire state?

6

What steps are taken when illegal mining / transport cases are detected? (penalty rate)

As per circular of CGM date.18-11-2009 mineral values have been fixed for recovering compounding amount when illegal excavation is detected.

In case of illegal transportation Rs.10,000/- for tractor (4 Tonne.) and Rs. 25,000/- for truck (10 Tonne.) is recovered.

Vehicles are being detained/seized till investigation is completed.

7

What is the royalty income of state during last three years?

8

How many leases for Major /Minor mineral have been granted so far?

As on December-2016, following is the status.

Mining lease 477

Quarry lease 7190

Total 7667

9

What are the penal actions taken if illegal mining, transport or storage is detected as per law?

As per Section 21 of MMRD Act-1957 and rule 13 of Gujarat Mineral (prevention of illegal mining ,transportation and storage) -Rules- 2005 following are the different provisions for the penalty

• Under section 21(5) and rule 13(2) mineral value can be recovered.

• Under section 21(1) and 21(2) police complain can be lodged.

• Under IPC -379 FIR can be filed for mineral theft.

• Under section-39 and 39(A) of land Revenue code case may be filed before court of Mamlatdar.

• Under section -21(4) and 13(3) vehicle /mineral and equipments can be seized.

• Under section 23 and Rule 14 after payment of mineral value case can be compounded.

• Under rule 68 of Gujarat Minor Mineral Concession Rules-2010 person is punishable with imprisonment or fine or both.

10

What are the Steps taken to prevent overloading of mineral Transportation?

• To prevent overloading transportation of mineral, government has notified 1326 weighbridges and made compulsory for transporters to carry weighment slip during transportation.

• Integration between RTO and CGM ILMS made and it will be done for entire Gujarat so overload transportation will be controlled.

11

Who can posses lease in the state?

As per section -5 of MMDR Act -1957 any Indian national can posses lease in any state.

12

What are the innovative steps are taken by the state government to curb illegal mining activity?

• Special Flying squad teams comprising of 2 Official, 1 Videographer, 1 Police constable, 2 security guards and 1 RTO person (when required) have been formed in Chhotaudepur, Gandhinagar, Ahmedabad, Mehsana, Sabarkantha & Navsari district. They have been asked to continuously monitor the entire Orsang, Sabarmati & Ambica River.

• "GEOMINE" mobile application is prepared & introduced to facilitate: Inspection of lease & Permit area, Inspection of Stockiest, Road checking of mineral Bering vehicles.

• “GujMine” mobile application developed to connect Citizens with departmental activities and to facilitate them for registration of complaints regarding illegal mineral activities. They can track their complaints along with actions taken by the authority.

• To prevent illegal mineral transportation 7 check-post have been starts on primary bases in the state.

• GPS based vehicle tracking system will be useful in track log of mineral Bering vehicles.

• SMS based system introduced for e-royalty pass verification.

• Android based royalty pass tracking application for tracking of any royalty pass/Delivery Challan issued in real time.

• All the pending lease applications will be dispose off and new leases will be granted with all transparency

• Ensuring that all the mining leases have boundary demarcation pillars and are geo-referenced.

• Co-ordination with Railway/Port/Custom departments for tracking mineral movements as well as source of excavation.

• 24 X 7 Control room has been established with dedicated Telephone no. 079-23254030 & 1800233464.

• Cancellation or suspension of RTO registration of vehicle utilized for illegal mining & cancellation of driving license.

• Compulsory weighment or weighment slip with mineral carrying vehicle.

• Instead of compounding FIR against hardcore culprits.

• Royalty collection from the end users [ To avoid delay in No- dues]

• Registration of all traders of minerals & end users.

• Develop mechanism for monitoring real market price of minerals.

• Allocation of leases of Minor mineral by auction in a phase manner.

13

To bring transparency in mineral administration what are the initiatives taken by the State?

• Lease granting by forming blocks and to increase revenue allotment of these blocks in prime location by public auction.

• E-Governance system have been deployed to stream line the concession granting procedure hustle free and transparent.

• Presently E-royalty payment-Return, E-Royalty pass, System has been fully adopted.

• GIS based software is being deployed which will provide all the information regarding land arability, land granted under lease, mineral availability etc. on public domain.

14

What are the provisions for recovery of out standing amount due towards royalty, dead rent, Mineral Value etc.

Minor Mineral:

• Competent authority can cancel the lease.

• Competent authority can issue order for payment of mineral value / outstanding dues.

• On aggravation of above order appeal can be filed to additional director (Appeal) Under GMPIMTS-2005 Rules.

• Further revision application can be filed to the Commissioner against the order to the Additional Director of Appeal.

• Revenue Recovery Certificate can be issued and recovery of all dues recovered as arrears of land revenue.

Major Mineral:

• Competent authority can cancel the lease.

• Competent authority can issue order for payment of mineral value / outstanding dues.

• On aggravation of above order revision application can be filed to the Central government.

• Revenue Recovery Certificate can be issued and recovery of all dues can be recovered as arrears of land revenue.