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National Mineral Policy 2006 - Department of Mines

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Secretary. If the Directorate is independent <strong>of</strong> the Secretariat <strong>Department</strong>, there will befurther delay, as the Director <strong>of</strong> Mining and Geology will submit the proposal in the form <strong>of</strong> aletter to the government. If there is any query at any level there can be further delaysdepending on the nature <strong>of</strong> the query and information available to satisfy such query.2.10 If the Secretary to the state government comes to the conclusion that the proposal is inorder, he obtains the approval <strong>of</strong> the minister-in-charge <strong>of</strong> the <strong>Department</strong>. The matter maynot end with the approval <strong>of</strong> the minister on the file if the Rules <strong>of</strong> Business <strong>of</strong> the stategovernment require that matters relating to the grant <strong>of</strong> licence for RP/PL/MLs be put up tothe Cabinet for decision. Once the approval at the appropriate level has been obtained, in thecase <strong>of</strong> non-Scheduled minerals, where no relaxation from the provisions <strong>of</strong> the MMDR Actor the Rules is required, the matter is ready for issuance <strong>of</strong> government order and execution<strong>of</strong> the agreement in the <strong>of</strong>fice <strong>of</strong> the DMG. In the case <strong>of</strong> Scheduled minerals, or in the case<strong>of</strong> non-Scheduled minerals, where a relaxation from the provisions <strong>of</strong> the MMDR Act or theRules is proposed, once approval <strong>of</strong> the state government has been obtained, the proposalgoes to the Central government for prior approval. The Time and Motion analysis referred toin paragraph 2.6 shows that a period <strong>of</strong> 6 months to one year may elapse between the date <strong>of</strong>receipt <strong>of</strong> application and the date <strong>of</strong> final disposal/referral to the Centre.2.11 If the proposal is complete in all respects, the examination in the Ministry <strong>of</strong> <strong>Mines</strong>may not take much time. However, in most cases clarifications are required to be obtainedfrom the concerned state government because <strong>of</strong> incomplete documentation or non-adherenceto rules or lack <strong>of</strong> clarity in the proposal. Sometimes correspondence between the Ministryand the state government may go on for a long time and pendencies in the Ministry beyondone year are not unknown. Once all the information and clarifications have been received thefile is processed for the approval <strong>of</strong> the minister-in-charge for according prior approval,passing through the Under Secretary, Deputy Secretary, Joint Secretary, and Secretary in theprocess. It may be mentioned here that prior to 1992, decisions for according Centralapproval were taken at the level <strong>of</strong> the concerned Joint Secretary but since then this power isbeing exercised by the minister-in-charge <strong>of</strong> the Ministry <strong>of</strong> <strong>Mines</strong>.OTHER CLEARANCES2.12 After the grant <strong>of</strong> the mineral concession, various clearances are required fromdifferent agencies. For example, in the case <strong>of</strong> RPs where clearance is required for54

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