National Mineral Policy 2006 - Department of Mines

National Mineral Policy 2006 - Department of Mines National Mineral Policy 2006 - Department of Mines

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departmental representative for securing timely clearance. The applicants could alsobe informed that their applications were being listed for review at a particularmeeting, and if they so desire, they could be given the opportunity for furnishingclarifications, where necessary, to the Coordination-cum-Empowered Committee.[2.14]• The state-level Coordination-cum-Empowered Committee should also be delegatedpowers to approve grant of mineral concessions in cases below a specified area orquantum of mineral deposit for non-Scheduled minerals when all departmental andstatutory clearances have been received. In other cases, the recommendations made bythe state-level Coordination-cum-Empowered Committee for grant of mineralconcessions may be put up to the minister-in-charge of the state government or to theCabinet, according to the Rules of Business. In the case of Scheduled minerals, whereprior approval of the Central government is required, the recommendations of theCoordination-cum-Empowered Committee, duly approved at the appropriate level,should be forwarded to the Ministry of Mines. [2.14]• At the Central government level, the Coordination-cum-Empowered Committeeshould be set up headed by the Secretary, Ministry of Mines, with representativesfrom GSI, IBM, the MOEF (separately for environment and forests), DGCA, Ministryof Defence, Intelligence Bureau and/or Home Ministry, Ministry of Finance(Department of Expenditure), and the state government concerned. The terms ofreference of the committee would also be oversight of departmental clearances. TheCommittee should perform the important function of monitoring clearances byindividual Departments/Ministries and ensuring timely completion of internalprocedures and prompt decision by them. The Committee could also be empowered toaccord approval on behalf of the Central government once the necessary departmentaland ministerial clearances, including statutory clearances, have been received. It couldalso follow up on other clearances that need to be obtained even after the applicationfor RP/LAPL/PL/ML have been granted, such as permission for aerial reconnaissanceand forest and environmental clearances. For transparency, the applicants could alsobe informed that their applications were being listed for review in a particularmeeting, and if they so desire, they could be given the opportunity for furnishing198

clarifications, where necessary, to the Coordination-cum-Empowered Committee.[2.14]• The Central Coordination-cum-Empowered Committee should grant prior approval incases of Scheduled minerals for areas/quantum of mineral deposit up to a specifiedlevel. The recommendations of the Coordination-cum-Empowered Committee inrespect of cases beyond the power delegated may be submitted to the minister-inchargefor grant of prior approval. [2.14]• The DMG in each state should maintain a website in which the position of eachapplication should be indicated. As and when clearances are received from eachagency/Department, an entry to that effect should be made against the application. Asimilar website should be maintained by the Ministry of Mines for showing theposition of each case from the time that the reference is received from the stategovernment for according prior clearance. [2.14]ADHERENCE TO TIME SCHEDULES FOR CONSIDERATION OF APPLICATIONS FOR RP,LAPL/PL, AND ML• The MMDR Act should be amended to give jurisdiction to the Central government toentertain applications from aggrieved parties and take a final decision thereupon in theevent of failure of the state government to take a decision within the time frameenvisaged in Rule 63A of MCR 1960 The amended Section 30 would read as follows:Section 30: Powers of the Central Government: The Central Government may ofits own motion or on application made within the prescribed time by an aggrievedparty:(i) revise any order made by a State Government or other authority in exercise ofthe powers conferred on it by or under this Act with respect of any mineralother than a minor mineral, or(ii) Where no such order has been made by the State Government or otherauthority (in exercise of the powers conferred on it by or under this Act withrespect to any mineral other than a minor mineral) within the time prescribed199

clarifications, where necessary, to the Coordination-cum-Empowered Committee.[2.14]• The Central Coordination-cum-Empowered Committee should grant prior approval incases <strong>of</strong> Scheduled minerals for areas/quantum <strong>of</strong> mineral deposit up to a specifiedlevel. The recommendations <strong>of</strong> the Coordination-cum-Empowered Committee inrespect <strong>of</strong> cases beyond the power delegated may be submitted to the minister-inchargefor grant <strong>of</strong> prior approval. [2.14]• The DMG in each state should maintain a website in which the position <strong>of</strong> eachapplication should be indicated. As and when clearances are received from eachagency/<strong>Department</strong>, an entry to that effect should be made against the application. Asimilar website should be maintained by the Ministry <strong>of</strong> <strong>Mines</strong> for showing theposition <strong>of</strong> each case from the time that the reference is received from the stategovernment for according prior clearance. [2.14]ADHERENCE TO TIME SCHEDULES FOR CONSIDERATION OF APPLICATIONS FOR RP,LAPL/PL, AND ML• The MMDR Act should be amended to give jurisdiction to the Central government toentertain applications from aggrieved parties and take a final decision thereupon in theevent <strong>of</strong> failure <strong>of</strong> the state government to take a decision within the time frameenvisaged in Rule 63A <strong>of</strong> MCR 1960 The amended Section 30 would read as follows:Section 30: Powers <strong>of</strong> the Central Government: The Central Government may <strong>of</strong>its own motion or on application made within the prescribed time by an aggrievedparty:(i) revise any order made by a State Government or other authority in exercise <strong>of</strong>the powers conferred on it by or under this Act with respect <strong>of</strong> any mineralother than a minor mineral, or(ii) Where no such order has been made by the State Government or otherauthority (in exercise <strong>of</strong> the powers conferred on it by or under this Act withrespect to any mineral other than a minor mineral) within the time prescribed199

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