National Mineral Policy 2006 - Department of Mines

the three sectors in Indian mining, i.e. SME, captive, and large stand alone, can thenbe made applicable to mining operations in India and a separate structure set up toensure adherence to such framework, drawing from both IBM and the fieldformations of MOEF. [3.11]• The aspect of social infrastructure in the form of schools, hospitals, drinking waterarrangements, etc. needs to be addressed within a formalised framework on the linesof the ICMM model. The Samatha ruling, 2 requiring mining companies to spend a setpercentage of their profits on model programmes for meeting local needs through apre-determined commitment, is one option for the country as a whole. Another optioncould be to require the mining companies to spend a percentage, say three per cent, oftheir turnover on the social infrastructure in the villages around the mining area. Theworking group mentioned in paragraph 3.11 may take this into consideration whenpreparing the Indian SDF and determine the percentage that mining companies couldbe advised to set aside. [3.18]FOREST AND ENVIRONMENT CLEARANCESForest (Conservation) Act, 1980• The conditionality for environmental clearance for eventual grant of ML may be speltout in advance and a prospector who meets the conditionality may be assured of FCAclearance eventually. [3.21]• The Kanchan Chopra Committee appointed by the Hon’ble Court has recommendedthat compensatory afforestation charges should not be payable over and above thechargeable NPV and ground rent, and this recommendation is under consideration ofthe Hon’ble Supreme Court. While the final decision on the liability of mining lesseesfor use of forest land would be taken by the Hon’ble Supreme Court, the Committeewould make the following two recommendations with a view to lightening the burdenon the lessees:o the NPV should be payable in instalments in proportion to the land brokenin accordance with the pre-submitted mining plan;2 Supreme Court Judgment dated 11 July 1997, in Civil Appeal (CA) nos. 4601–02 of 1997 arising out ofSpecial Leave Petition (SLP) nos. 17080–81, Samatha vs. State of Andhra Pradesh and others .203