Law ministry proposes sweeping powers for Centre
Union law ministry has proposed sweeping powers for the Centre to act against illegal mining.
By Urmi A Goswami, ET Bureau |
NEW DELHI: Union law ministry has proposed sweeping powers for the Centre to act against illegal mining. In its suggestions to the group of ministers, the law ministry has said the power to confiscate the property and earnings from illegal mining should be vested with the Centre.
Presently, state governments have the power to confiscate illegally mined minerals and penalise transportation and storage of illegal mined materials. The law ministry’s suggestion is certain to be seen by Opposition ruled states as treading on the states’ toes and is expected to be deliberated upon by the GoM.
The GoM would also consider making imprisonment sentences compulsory for illegal miners, and punishment for officials abetting illegal mining . The draft bill has provisions for cancelling mineral concessions and disqualifying those involved in illegal mining from obtaining concessions in the future. This is not part of the current Act, and the matter is only dealt with in the mining lease deed. A section of the government, however, would like more stringent punishment.
The legislative department has also suggested restricting exports of minerals. This is in line with Karnataka chief minister BS Yeddyurappa’s view that the government restrict the export of minerals like iron ore to stem the tide of illegal mining . During his meeting with Prime Minister Manmohan Singh on Saturday , the Karnataka chief minister had reiterated this view. Prime Minister had assured the chief minister that the required action would be taken.
However, the mines ministry is of the view that this would run counter to the National Mineral Policy of 2008. The policy views conservation not in the “restrictive sense of abstinence from consumption or preservation for use in distant future but as a positive concept leading to augmentation of reserve base” . this the policy states can be achieved through better mining methods and other process improvements.
Given the recent crisis in karnataka on illegal mining was precipitated by the unlawful transport and export of nearly 5 lakh tonne of illegally mined iron ore, the group of ministers could well consider revisiting the policy. The mines ministry has indicated that the issue of restricting export of minerals is a policy matter regulated by the government’s exim policy.
Presently, state governments have the power to confiscate illegally mined minerals and penalise transportation and storage of illegal mined materials. The law ministry’s suggestion is certain to be seen by Opposition ruled states as treading on the states’ toes and is expected to be deliberated upon by the GoM.
The GoM would also consider making imprisonment sentences compulsory for illegal miners, and punishment for officials abetting illegal mining . The draft bill has provisions for cancelling mineral concessions and disqualifying those involved in illegal mining from obtaining concessions in the future. This is not part of the current Act, and the matter is only dealt with in the mining lease deed. A section of the government, however, would like more stringent punishment.
The legislative department has also suggested restricting exports of minerals. This is in line with Karnataka chief minister BS Yeddyurappa’s view that the government restrict the export of minerals like iron ore to stem the tide of illegal mining . During his meeting with Prime Minister Manmohan Singh on Saturday , the Karnataka chief minister had reiterated this view. Prime Minister had assured the chief minister that the required action would be taken.
However, the mines ministry is of the view that this would run counter to the National Mineral Policy of 2008. The policy views conservation not in the “restrictive sense of abstinence from consumption or preservation for use in distant future but as a positive concept leading to augmentation of reserve base” . this the policy states can be achieved through better mining methods and other process improvements.
Given the recent crisis in karnataka on illegal mining was precipitated by the unlawful transport and export of nearly 5 lakh tonne of illegally mined iron ore, the group of ministers could well consider revisiting the policy. The mines ministry has indicated that the issue of restricting export of minerals is a policy matter regulated by the government’s exim policy.
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