Author: Beach Minerals

For non furnishing of details amount violation of natural justice – Case Remand back by Mines Tribunal

For non furnishing of details amount violation of natural justice – Case Remand back by Mines Tribunal in Final order No. 13 of 2016 dated 18.01.2016.

For non furnishing of details amount violation of natural justice

Notice should be with clear cut allegation with relevant documents state has No right to interfere mining operation or refuse the permit – Mines Tribunal order

Notice should be with clear cut allegation with relevant documents state has No right to interfere mining operation or refuse the permit – Mines Tribunal decided this in Final order No. 25/2012 dated 16.01.2012.

Notice should be with clearcut allegation with relevant documents state has No right to enterfere mining operation or refuse the permit 25-2012

DD is not competent to go beyond the lease granting order and the lease deed – Mines Tribunal decided

Government of India, Ministry of Mines Tribunal in its final order No. 725 of 2011 dated 29.11.2011 decided that, the Deputy Director of Mines is not competent to go beyond the lease granting order and the mining lease deed conditions.

 

Conditions not included in the order cannot be implemented 725-2011

Planning Commission High Level Committee report on National Mineral Policy

The National Planning Commission constituted a High Level Committee to submit report on National Mineral Policy.  Page No.  168 to 182 speaks about Beach Minerals.

The original report can be download from http://planningcommission.gov.in/reports/genrep/rep_nmp.pdf

 

National Mineral Policy Report of High Level Committee.

The State Government has the power only to control illegal mining. It has no power to control transportation or trade of mineral – Supreme Court Judgement

The Honourable Supreme Court recently pass an order in CIVIL APPEAL NOS. 10373 – 10374 OF 2010 stating that, the State Govt., could not control the mineral trade or transportation to other states.  Copy of the Judgement is given below.

 

Sand mining export to other others – state of gujarat vs jayeshbhari kanjibhai (1 March, 2019)

Before taking action, our members should be heard – Madras High Court order

As usual, on the instigation of International competitors, the hooligans from India induced Bureaucracy to prepare Ex-party report against our members.  We submit representation to the concerned persons. Since no reply from them, we filed writ petition before the Madras High Court. The Honourable Madras High Court while disposing the writ petition make it clear that, the Principles of Natural Justice to be followed in this case also and in case Government want to take action based on the report, our members should be heard about the same.

Copy of the Judgement is given below for information to all.

W.P. NO.557 OF 2019 High Court order reg IBM BSM Committee W.P. 557 of 2019 dt. 11.2.19 High Court order reg IBM BSM Committee

 

National Mineral Policy 2019 approved by Govt., of India

Key proposals of the National Mineral Policy 2019

 Proposes to increase the production of major minerals by 200 per cent in seven years, and reduce trade deficit in
mineral sector by 50 per cent in seven years.

 Aims to attract private investment through incentives like financial package, right of first refusal at the time of
auction etc. or any other appropriate incentive according to international practices.

 Introduces the concept of Exclusive Mining Zones which will come with in-principle statutory clearances for
grant of mining lease.

 Emaphasises on simplifying the clearance process and making it time-bound for mineral development and commencement of mining operations.

 Proposes to identify critically fragile ecosystems and declare such areas as “no-go areas”/ “inviolate areas”.

 Encourages merger and acquisition of mining entities, and transfer of mining leases that have been granted in a
transparent manner to ensure seamless supply of ores and scaling up of business.

 Focuses on a long term export-import policy for the mineral sector to provide stability for investing in large
scale commercial mining activity.

 Proposes harmonising royalty and all other levies and taxes with mining jurisdiction across the world.

 Emphasises on ensuring welfare of mining-affected people / communities and ensuring rehabilitation and resettlement, by suitable implementation of all relevant Acts / Rules.

 Introduces the concept of Inter-Generational Equity in mineral resource exploitation.

Proposes development of an over-arching inter-ministerial body, under the aegis of the Ministry of Mines, to institutionalise mechanisms of sustainable mining. The body will also advise the Government on rates of royalty, dead rent etc

 

NMP 12-03-2019