The Odisha government
and the Mining controller ‘Indian Bureau of Mines (IBM) are at loggerheads on
the issue of excess mining. While the Odisha government says that raising
minerals more than the prescribed amount is violation of the mining law and can
be termed as illegal mining , the IBM at the other side says that, this case
cannot be termed as illegal mining as per newly amended laws. The Controller
also pointed fingers at state enforcement machinery for their failure to check
excess raising of minerals.
“Whatever minerals
were raised from a particular mine, the permission for transport was given by
the DDM (Deputy Director of Mines) of the concerned area after collecting
royalty. Once the royalty is paid on the minerals raised, how come it became
illegal?†asked Mr M. Biswas, the Regional Controller of mines, IBM
(Bhubaneswar) in response to excess raising of minerals being termed as illegal
mining. According to a recent amendment made in Mineral Concession Rule (MCR),
1960, any rule violation made within the leasehold area of a mine cannot be
termed as illegal mining. And therefore, excess raising of minerals beyond
prescribed limit is irregular and not illegal, explained Biswas.
The state government
has meanwhile sent show cause notices to over 103 iron ore and manganese ore
miners in Joda and Koira mining circle asking them why the prices of the
minerals raised beyond mining plans should not be recovered, which amounts to
Rs 70,000 crore, invoking section 21 (5) of Mines and Minerals Development and
Regulation (MMDR) Act, 1957 and citing an audit report.
Mining expert and
former director of Geology Mr.B.K.Pattnaik opined that quoting Section 21 (5) of MMDR Act to recover cost prices of the
minerals is legally not tenable since the act is applicable only on mineral
activity taking place without the permission of unlawful authority.
Edited by Tapan Moharana
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