Month: July 2021

MMDR Amendment Act 2015 give only adverse impact instead of positive impact. MEAI Bangalore webinar also reveals.

The MEAI, Bangalore organized a Webinar on “Updates on Mineral Legislation in India” on 24th July 2021.   Eminent personalities in mining field participate the webinar. Most of their opinion is that, instead of increasing the production and development of industry, the amendment made during 2015 MMDR Act give only adverse impact. We are the first who point out that, the MMDR Amendment is against our nations development. All are expect that, PM Modi will take remedial action to rectify the mistakes done by Mines Ministry. Full webinar link in the Youtube is attached.

 

Representation send to Ministry of Mines in response to their reply to PMO Reference

Dear Sir,

The Ministry of Mines, Section officer Mr. Sandeep Kumar has mentioned that, the said notification was issued based on the recommendation of the Department of Atomic Energy (DAE). The Department of Atomic Energy already constituted a committee very early and found out that even in separation of Individual minerals also, the monazite percentage will be more than 0.1%. That is why DAE prescribed the limit for export as 0.25%.
After the said notification, our nation’s mineral production is completely affected, out total 325 Major mineral mining leases more than 70 leases were terminated. More than 50,000 employees lose their jobs.  Since beach minerals are replenishable in nature, since we failed to collect the same, they were transported to the nearby country Srilanka and after this notification, they have re-started the production of Ilmenite and sell it to its origin nation of India. Thus India is buying its own mineral from the nearby countries because of this notification. So Ministry of Mines Notification GSR 126(E) DT. 19.02.2019 and GSR 134(E) DT. 20.02.1019 affects very much of our nation’s economic development.
Moreover all the sea ports and Airports are equipped with gadgets to find out the radioactive material’s transportation and connected with more than 900 police stations.
Hence there is no necessity to notify the said amendments.  In case, such a proposal is submitted, it is the duty of the Ministry of Mines to publish the same inviting suggestions / objections for the same. That is also not followed.
Though we have more than 25% of Total world reserve, because of this notification, our Indian Industries are importing these mineral, thereby we loose our valuable foreign exchange. This is completely against the aim of our Honourable Prime Minister “MAKE IN INDIA” Scheme.
Due to covid-19, our nation’s economy is very much affected and peoples also affected. It is not possible to create 50,000 new employments for the people who lose their jobs.
Hence our humble request is the Honourable Prime Minister / Honourable Mines Minister / Honourable Minister for Atomic Energy may kindly be advise to the officials to convene a meeting either in Ministry of Mines, Shastri Bhawan or at Department of Atomic Energy, Anusakthi Bhawan, Mumbai comprising of DAE officials, Ministry of Mines officials and Beach Mineral mining lessees and our association representatives. We will explain the impact how our Indian Industry is affected for want of raw material, such as Ilmenite, Rutile, Zircon etc.,
Yours faithfully,
C.Sakthi Ganapathi
Secretary.
*******************
——— Forwarded message ———
From: <cpgrams-darpg@nic.in>
Date: Thu, Jul 22, 2021 at 11:01 AM
Subject: Grievance Disposal
To: <president@beachminerals.org>

Dear Sir/Madam,
Your Grievance with Registration No.PMOPG/E/2021/0425083 has been disposed.
Logon to: https://pgportal.gov.in/Status/ViewStatusClickLink/893C12AF63609399439EB5AE42EF8DCF4A87DDD7CE270FC2A8A2B78207911687B77D9B8DDFD71A5C94705B970B137BA4578FF1EC9012279FE5636CE85D55F62AUE1PUEcvRS8yMDIxLzA0MjUwODM= for viewing details and providing your feedback on the resolution of the grievance.

 

Reserving Mineral bearing area to PSU amounts locking of Minerals and affect GDP Growth of our nation.

In India, Mineral bearing areas are reserved for public sector under taking.  According to Indian Bureau of Mines publication, the areas reserved from 1972 to 2010 were not utilized by any of the Public Sector Under taking.  This will establish that, when the government  don’t want to grant Mineral Concession to a particular company or a particular group, immediately Government  declared that, the areas are reserved for PSU. This amounts, misuse of mineral for domestic purpose by the common people such filling of pits, construction, etc., without payment of royalty and without scientific mining.  Conservation and Development of mineral, the moto of our MMDR Act is defeated by Reservation.

The Net Result, the State Government will lose Royalty, Central Government will lose GST, common people will lose the Employment. Above all it affects the GDP Growth of our nation also. When Government clearly knows that, the minerals are the raw materials for lot of industries, locking of minerals in the name of reservation for PSU is not a wise decision.  When Modi ji Government’s moto is “EASE OF DOING BUSINESS’ in India, how Mines Minister failed to de-reserve the area by notifying in the official Gazette. Even areas reserved during 1960 is locked for last 60 years.

The list published by IBM is given below.

https://ibm.gov.in/writereaddata/files/06302014172709mineralbearingareas.pdf

 

Comments on Draft Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession (Fourth Amendment) Rules, 2021 – request for comments and suggestions

Mr. B.K. Bhatia                                                                                                07.06.2021

Joint Secretary General

Federation of Indian Mineral Industries (FIMI)

FIMI House, B-311, Okhla Industrial Area

Phase-I, New Delhi – 110 020.

 

Dear Sir

Sub :    The Comments and Suggestions on the Proposed Draft Minerals (Other than Atomic and Hydro-Carbons Energy Minerals) Concession Amendment Rules, 2021 – Reg.

Ref :   Your Circular No. B/8/21-22/Cir. No. 41 Dt. 19 June, 2021 sent through   E-mail by FIMI on 19.06.2021.

We Beach Minerals Producers Association (BMPA) established in the year 1995, to make the Manufacturers & Employees of the beach minerals (atomic minerals) industry join hands for common issues and organize them through a common platform to develop Beach Minerals (Atomic Minerals) Industries. There are 61 nos of Beach Mineral Mining Leases, which are functioning under the guidance of this Association. The efficient and valuable guidance of the Association, lead to bring our country as largest producer of Garnet in the World.

Now, we are submitting the following Comments & Suggestions on the Proposed Draft Minerals (Other than Atomic and Hydro-Carbons Energy Minerals) Concession Amendment Rules, 2021.

COMMENTS & SUGGESTIONS ON THE PROPOSED DRAFT MINERALS (OTHER THAN ATOMIC AND HYDRO-CARBONS ENERGY MINERALS) CONCESSION AMENDMENT RULES, 2021

Sl. No. Proposed Rule Comments/ Suggestions Reasons/ Justifications
 

1

 Additional Proposal

Rule 3 – Applicability.- These rules shall apply to all minerals, except (ii) minerals listed in Part A and Part B of the First Schedule to the Act.

 

 Suitable Amendments to be incorporated in the Proposed MCR to accommodate and govern the mineral concessions relating to atomic minerals where the grade of atomic mineral contained in the ore is less than the threshold value. Hence the suitable amendments to be incorporated in the rule 3 as follows – “Applicability – These rules shall apply to all minerals, except (ii) minerals listed in Part A and Part B of the First Schedule minerals where the grade of atomic mineral contained in the ore is equal or above than the threshold value”. As per rule 3(2) of AMCR, 2016, the mineral concessions relating to atomic minerals where the grade of atomic mineral contained in the ore is less than the threshold value will be governed, mutatis mutandis, by the provisions of the Minerals (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016, in force. Whereas the existing MCR, 2016 is not reflecting the same.

Whereas MMDR Act, 1957 and MCDR 2017 are in line with the rule 3 of AMCR, 2016.

Hence the conflicted rule no. 3 of MCR, 2016 to be amended suitably.
2 Omission of Rule 8 – Rights under the provisions of clause (c) of sub-section (2) of section 10A The rule 8 – Rights under the provisions of clause (c) of sub-section (2) of section 10A – shall not be omitted and to be retained. i) Recently MMDR Act has been amended on 28.03.2021, in which the section 10A (2)(c) is not omitted and the same is retained. Whereas this rule is framed based on MMDR Act and shockingly making proposal for omitting the important rule provision.

ii) During the period 2016 to 2019 – (the threshold value is fixed as 0.75% monazite in Total Heavy Minerals, in the case of Beach Sand Minerals as per AMCR, 2016) – there were 34 mining leases were saved under section 10A(2)(c) of MMDR Act pertaining to our members. All the above 34 mining leases were having the grade of atomic mineral contained in the ore is less than the threshold value and shockingly no rule is to govern those mining leases. Thus, our members were not provided with any opportunity towards saving those mining leases applications.

 

iii) Now we strongly objecting the omission of rule no. 8 and our members shall be given a special grace period of at-least 3 years to save their mining leases under section 10A (2) (c).
3 Schedule XII – Amount of Fine – Delay in Modification and review of the Mining Plan – Rs. 2,000/ per day subject to maximum Rs. 5,00,000/-. The amount of Fine to be modified as, Rs. 500/- per day subject to maximum Rs. 50,000/-. The amount of Fine is exceptionally high and already all the lessees are overcharged with several financial implications viz., Royalty, DMF, NMET, GST etc.

 

Hence, we kindly requested that the above comments & suggestions may be forwarded to the Ministry of Mines accordingly.

Thanking You,

President

 Beach Minerals Producer Association