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National Mineral Policy 2006 - Department of Mines

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• Section 12(1) <strong>of</strong> the MMDR Act should be amended to provide that in addition to theregisters <strong>of</strong> applications for RP/PL/ML and registers <strong>of</strong> RP/PL/ML that are current,registers should also be maintained for relinquished areas in each case. Further, a newSection 12(3) should be introduced to require the concerned authorities to maintainthe entire data <strong>of</strong> Section 12(1) digitally and to provide on-line access to the public.[2.27]• Coordinates <strong>of</strong> areas granted, applied, as well as relinquished should be put on thewebsites <strong>of</strong> the state Mining and Geology <strong>Department</strong>s and IBM. [2.27]PROCEDURE FOR DISPUTE RESOLUTION• The MMDR Act and Rules should be amended to enable the powers <strong>of</strong> the Centralgovernment to be exercised by an independent tribunal so that appropriate arm’slength is maintained between the Ministry <strong>of</strong> <strong>Mines</strong> as a regulator and that Ministry asan involved party. The tribunals should have experts in mining administration andmining laws as members. Independence <strong>of</strong> the tribunal should be ensured byappointing members on the basis <strong>of</strong> the recommendations <strong>of</strong> a Selection Committee,with a high-level Chairman and outside experts serving on such a committee.Members <strong>of</strong> the tribunal should be given security <strong>of</strong> tenure by being appointed for afixed term. Such an independent and dedicated tribunal will also ensure timelydisposal <strong>of</strong> revision cases and will find better acceptability among the investors.Furthermore, the tribunal should also have jurisdiction for revising the orders <strong>of</strong> theCentral government. [2.29]FOREST CONSERVATION AND ENVIRONMENT PROTECTIONICMM AND SDF• The Ministry <strong>of</strong> <strong>Mines</strong> and MOEF should jointly set up a working group to prepare aSDF specially tailored to the context <strong>of</strong> India’s mining environment, taking fully intoaccount the work done and being done in ICMM and the IUCN. The Indian SDFcomprising <strong>of</strong> principles, reporting initiatives, and good practice guidelines unique to202

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