Revision as of 08:06, 25 June 2016

India's production of principal minerals and metals, 2013; Graphic courtesy: The Times of India, June 22, 2016

Illegal mining

Non-uniform laws have abetted illegal mining

The Times of India 2013/08/12

What are known as major and minor minerals?

In India, minerals are typically classified into major and minor on the basis of their end use. Minerals mostly used locally for local purposes are categorized as minor while the others are major. Most minor minerals like boulders, gravel, ordinary sand, limeshell, kankar etc are used in construction. Minerals like coal, lignite, iron, bauxite, lead, copper etc are categorised as major minerals.

Can a minor mineral be treated as a major one in certain conditions?

Since the Mines and Minerals (Development and Regulation) act, 1957 classifies minerals as major or minor on the basis of the end use, certain minor minerals could be treated as major minerals for regulatory purposes. For example, ordinary sand is treated as a major mineral if it is used in coal mining, manufacturing of ceramics, optical industry and so on. Similarly, limestone extracted for use in iron and steel, cement manufacturing or for paper and chemical industry is treated as a major mineral. On the other hand, dolomite (a carbonate mineral composed of calcium magnesium carbonate), typically a major mineral, is treated as minor if it is used in buildings or for road construction.

How is the mining of major and minor minerals regulated?

According to the Mines and Minerals (Development and Regulation) Act, state governments are empowered to take decisions regarding all mining activities in minor minerals, including sand. Although there are certain restrictions, like the state shall not enhance the rate of royalty of these minerals more than once during any period of three years, major decisions regarding permission for mining and realization of royalty are state subjects. For major minerals, it’s the central government that notifies the rates of royalties. For these minerals, the central government reserves the right to direct premature termination of mining lease for reasons like preservation of the environment, prevention of pollution, preservation of monuments etc.

Why is illegal mining of minor minerals so rampant?

State governments are empowered to make rules for fixing collection and enhancement of rate of royalty and dead rent of minor minerals. These rules are not uniform and differ from state to state. The power to prevent illegal mining, transportation and storage of minor minerals is also under the jurisdiction of the state government. As a result, there is no centrally maintained database of complaints against illegal mining of these minerals. The ongoing construction boom has accelerated the demand for these minerals and the confusion caused by the non-uniformity of laws as well as the lack of a central list of proclaimed offenders has helped the mining mafia in illegally extracting these minerals. Obviously, the cost differential between legal mining and illegal mining also makes the latter lucrative, while the nexus often found between politicians, bureaucrats and illegal miners often makes it unlikely for action to be taken against them.

What has the government done to stop illegal mining of minor minerals?

In 2009, the ministry of environment & forests (MoEF) constituted a group under the chairmanship of the secretary (environment & forests) to look into the environmental aspects associated with mining of minor minerals. In 2010, the group submitted its report and made several recommendations relating to definition of minor minerals, size of mine lease, period of mine lease, cluster of mine approach for small-sized mines, requirement of mine plan for minor minerals, river bed mining etc. MoEF has asked the states to examine the report and to issue necessary instructions for incorporating the recommendations made in the report. In February last year, the Supreme Court has also ordered that state and UT governments should take immediate steps to frame necessary rules considering the recommendations ofthe group.