National Mineral Policy 2006 - Department of Mines
National Mineral Policy 2006 - Department of Mines National Mineral Policy 2006 - Department of Mines
(i) To minimize displacement and to identify non-displacing or least displacingalternatives;(ii) To plan resettlement and rehabilitation of Project Affected and DisplacedFamilies (PAFs/PDFs), including special needs of Tribals and vulnerablesections;(iii) To provide better standard of living to PAFs and PDFs; and(iv) To facilitate harmonious relationship between the Requiring Body and PAFsthrough mutual cooperation.The package includes: for those whose houses have been acquired, a free house site of 150sq. metres in rural areas and 75 sq. metres in urban areas; one-time financial assistance of Rs40,000 for constructing the house; land allotment in lieu of land acquired and financialassistance of Rs 10,000 per hectare for development of land and Rs 5000 per PAF foragriculture production. Allotment of government land is restricted to the extent of landacquired from the PAF or 2.5 hectare wetland or 1.25 hectare of dryland, whichever is less. Inaddition, grants are envisaged for cattle shed (Rs 3000), for transportation of material (Rs5000), and for construction of working shed or shop by self-employed persons (Rs 25,000). APAF that becomes landless and has no land allotted in lieu of the acquired land would getcash equivalent to the minimum agricultural wage for 750 days. If the PAF becomes amarginal farmer, the compensation would be for 500 days, and in the case of a small farmer itwould be for 375 days. A landless labourer would get minimum wages equal to 625 days. APAF who is also a displaced person will additionally get one-time assistance equivalent tominimum wages of 240 days. For tribal PAPs, the package also offers a special dispensation,including preferential allotment of land, additional financial assistance of 500 days wageequivalent for loss of customary rights/ usages of forest produce, settlement in compactblocks close to their natural habitat, and 25 per cent higher R&R benefits if settled outside thedistrict/ tribal districts.3.15 The package given to PAPs in Chhattisgarh specifically for mining is alsocomparable. Every member of the displaced family has to be given free training and thenemployed. A pucca house of equivalent or larger size in a newly built colony with allamenities has to be provided to every family. One-time cash assistance has to be provided toenable the PAP to shift to the new settlement. Compensation for land acquisition has to benot less than Rs 50,000 per acre for fallow land, Rs 75,000 per acre for single crop, and Rs74
100,000 per acre for double crop. In addition, the state government envisages that the miningcompany would set apart up to 3 per cent of its Net Annual Profit for undertaking welfareactivities/development works in the villages around the mining project. The activities/worksinclude education, health, roads, community buildings, skill upgradation facilities, and otherdevelopment work required for the area.3.16 The existing packages in the states are generally common to all kinds of projects,including mining projects. It can be observed from the SDF worked out by ICMM that majormining projects can improve the life of indigenous communities significantly. From the SDF,the working group proposed in paragraph 3.11 would have to build on the existing packagesand take fully into account the SDF standards worked out by ICMM and World ConservationUnion (WCU) to develop the norms for compensation to PAPs as well as the benefits thatmust accrue to the communities living in the villages around the mining area. The Samathajudgment lists the facilities to be provided to persons in the Scheduled areas, i.e. the tribals, inparagraph 113 of the Order. These include maintenance of roads and communications in theScheduled areas, supply of potable water to the tribals, establishment of schools for impartingprimary and secondary education and vocational training, providing employment in theproject, establishment of hospitals and camps providing free medical aid, maintenance ofsanitation, and construction of houses. The judgment further states, in paragraph 114, that 20per cent of the profits should be set aside by the miner for these activities. This 20 per centexcludes payments for forest and environment related compensation [compensatoryafforestation and net present value (NPV)], which is dealt with in the Godavarmanjudgement. The main thrust of the ICMM’s SDF is on a holistic development of theindigenous populations (tribals) that can be catalysed by a mining intervention. Hence, it isnot only a question of providing jobs or financial assistance for opening shops and plots andsome funds for making houses, etc. Where resettlement takes place, companies are requiredto ensure that living standards are not diminished, that community and social ties arepreserved, and that they provide fair compensation for loss of assets and economicopportunity. Responsibility for ensuring the long-term well-being of resettled communitieshas to be defined and monitored. As mentioned earlier, companies are required to adopt as amatter of policy such measures that will support local businesses through preferentialprocurement from local suppliers and distributors, prioritise employment of locals, andarrange for skills training and generally build human and financial resources in the localcommunity. More importantly, international best practice includes giving a stake to the75
- Page 34 and 35: ‘A thrust is to be given to explo
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- Page 50 and 51: e obviated if the lease deed is exh
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- Page 104 and 105: Chapter 4Infrastructure Needs and F
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- Page 110 and 111: necessary, therefore, that in infra
- Page 112 and 113: to the ports of Haldia and Paradip
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- Page 116 and 117: (iv)(v)(vi)(vii)At Visakhapatnam Po
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100,000 per acre for double crop. In addition, the state government envisages that the miningcompany would set apart up to 3 per cent <strong>of</strong> its Net Annual Pr<strong>of</strong>it for undertaking welfareactivities/development works in the villages around the mining project. The activities/worksinclude education, health, roads, community buildings, skill upgradation facilities, and otherdevelopment work required for the area.3.16 The existing packages in the states are generally common to all kinds <strong>of</strong> projects,including mining projects. It can be observed from the SDF worked out by ICMM that majormining projects can improve the life <strong>of</strong> indigenous communities significantly. From the SDF,the working group proposed in paragraph 3.11 would have to build on the existing packagesand take fully into account the SDF standards worked out by ICMM and World ConservationUnion (WCU) to develop the norms for compensation to PAPs as well as the benefits thatmust accrue to the communities living in the villages around the mining area. The Samathajudgment lists the facilities to be provided to persons in the Scheduled areas, i.e. the tribals, inparagraph 113 <strong>of</strong> the Order. These include maintenance <strong>of</strong> roads and communications in theScheduled areas, supply <strong>of</strong> potable water to the tribals, establishment <strong>of</strong> schools for impartingprimary and secondary education and vocational training, providing employment in theproject, establishment <strong>of</strong> hospitals and camps providing free medical aid, maintenance <strong>of</strong>sanitation, and construction <strong>of</strong> houses. The judgment further states, in paragraph 114, that 20per cent <strong>of</strong> the pr<strong>of</strong>its should be set aside by the miner for these activities. This 20 per centexcludes payments for forest and environment related compensation [compensatoryafforestation and net present value (NPV)], which is dealt with in the Godavarmanjudgement. The main thrust <strong>of</strong> the ICMM’s SDF is on a holistic development <strong>of</strong> theindigenous populations (tribals) that can be catalysed by a mining intervention. Hence, it isnot only a question <strong>of</strong> providing jobs or financial assistance for opening shops and plots andsome funds for making houses, etc. Where resettlement takes place, companies are requiredto ensure that living standards are not diminished, that community and social ties arepreserved, and that they provide fair compensation for loss <strong>of</strong> assets and economicopportunity. Responsibility for ensuring the long-term well-being <strong>of</strong> resettled communitieshas to be defined and monitored. As mentioned earlier, companies are required to adopt as amatter <strong>of</strong> policy such measures that will support local businesses through preferentialprocurement from local suppliers and distributors, prioritise employment <strong>of</strong> locals, andarrange for skills training and generally build human and financial resources in the localcommunity. More importantly, international best practice includes giving a stake to the75