National Mineral Policy 2006 - Department of Mines

Conservation Division of the MOEF. The nodal officer, if the proposal is complete in allrespects, has to forward the same to the DFO within a period of 10 days from its receipt. TheDFO or the CF shall examine the feasibility of the proposal within a period of 90 days andsend it back to the nodal officer. The nodal officer has to then send the proposal to the PCCFwho has to forward it to the state government within a period of 30 days. Finally, the stategovernment has to forward the complete proposal along with its recommendations to theMOEF as well as to its Regional Office within a period of 60 days of the receipt of theproposal from the nodal officer. In all, Rule 6(3) of FCR stipulates that the state governmentshall process and forward its proposal to the Central government within a period of 210 daysfrom receipt, including the transit period.3.28 If investment in mining activity is to be encouraged on a large scale then the problemof procedural delays and time overruns will need to be addressed. It is more than two and ahalf decades since the FCA came into operation and discussions that have taken place invarious fora to streamline the procedures for forest clearance have been largely in vain. In theCommittee’s view, immediate action is now required. Internationally, applications are clearedwithin a period of about six months and India cannot expect significant FDI in the mineralssector unless it falls in line with international norms.3.29 Figure 3.1 shows the various stages in the processing of proposals for obtainingpermission to mine in forest land. The industry representatives pointed out that the timeframe envisaged in the FCR is observed more in breach than in compliance. It takes aminimum of three to four years and sometimes even five to seven years for proposals to cometo the Central government. The maximum delays take place at the level of the DFO in theprocess of evaluation of the cost/benefit of the proposal, involving also enumeration of trees.The time overruns apply not only for fresh grants but also to renewals since as per theSupreme Court judgment, renewals are to be treated as fresh grants. The Committee feels thatto minimise delays at the level of the DFO, the cost–benefit analysis of the proposal,including the enumeration of trees, should be outsourced by the DFO to competent privatesector consultants. The Forest Department of the state government should maintain a panel ofrecognised consultants for this purpose.83