Excelsior Correspondent
SRINAGAR, June 29: A House Committee of the Legislative Assembly, headed by National Conference MLA Mohammad Akbar Lone, today recommended revocation, from beginning, of the Statute Regulatory Order that had a provision of granting mining leases to non-State Subjects.
The report of the Committee that was tabled before the Legislative Assembly by Chairman of the House Committee, Akbar Lone reads: “Jammu and Kashmir Minor Mineral Concessions, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016, issued vide SRO 105 of 2016 dated March 31, 2016 be revoked, ab initio.”
Speaker Kavinder Gupta on June 3 had constituted a nine-member house committee to look into the SRO 105 which permitted non-state subjects to carry out mineral excavation in the State.
The report says that the SRO 105 is in gross violation of Jammu and Kashmir Constitution. “The SRO 105 is in gross violation of Constitution of Jammu and Kashmir, J&K Land Alienation Act, State Subject Law, J&K Transfer of Property Act and J&K Land Grants Act and the rules”, the report reads.
“The SRO 105 ignores and disregards the Constitutional and statutory imperatives relevant to grant of prospecting license, mining lease, quarry license and other minor mineral concessions”, the report reads.
The report says that the SRO 105 will open flood gates for the non-permanent residents to the prejudice of the permanent residents of the State. “It deprives the permanent residents of the State of exclusive right to get mining rights. It on the other hand throws wide open mineral concessions within the State, to the non-permanent residents,” the report said.
The House Committee recommended that the authority to grant mining lease, be vested in the Government irrespective of the area of lease. The authority to grant license, however, may be given to Director of Geology and Mining.
The rates of fee, non-refundable fee, transfer fee, security deposit, guarantee amount, and royalty be rationalized so that small entrepreneurs, workers, labourers and other disempowered people of the society who earn their livelihood from quarrying, short term permit or disposal permits are not kept at weigh and deprived of their livelihood, it said.
The committee recommended that in exercise of powers under Section 15 read with Section 23 of the Mines and Minerals (Development) Act, 1957, new rules – J&K Mineral Concessions, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016, be framed after due consultation with all stakeholders, replacing the J&K Minor Mineral Concession Rules, 1962.
“That under proposed rules, grant of mineral concession like mining lease, mining license, quarry license, short term permit and disposable permit be restricted to permanent residents of the State and partnerships or other business concerns with all the partners, permanent resident of the State”, reads the report.
“To leave no ambiguity in this fundamental feature of the proposed rules, the rules must make it clear that for approval of mining plan, permanent resident status of the applicant would be a sine quo non or necessary condition,” the report said.
It said the proposed rules should clearly define “concessionaire” means a person holding a mining lease, mining license, quarry license, short term permit and disposable permit granted under these rules who is a permanent resident of the state or a partnership firm, society or joint venture company whose all promoters and the members are permanent residents of the state. “The proposed rules should clearly state that all mineral concessions should be subject to the laws governing the transfer of the property in the state”, it said.
The report said the non-refundable fee, transfer fee, security deposit, guarantee amount and royalty should be fixed by a committee keeping in view the nature of a particular minor mineral and also taking into consideration the impact of rise of price of such minor mineral on the general public.
The House committee also recommended that the open auction mode and e-tendering be restricted to mining lease where the lease area is more than 25 hectares. “In grant of small mining lease, quarry license, short term permit or disposal permit the method in vogue under the J&K Minor mineral concession rules, 1962 be maintained”, it said.
The report said the proposed rules, must incorporate all the recommendations made by Ministry of Environment and Forests (MoEF) and directed to be so approved so incorporated by Supreme Court in Deepak Kumar’s case.
“The proposed rules, be prepared, framed and notified preferably within three months and till the rules are so made and notified, J&K Minor Mineral Concession Rules, 1962 may be followed subject to the condition that certificate of approval would be granted only to a permanent resident of the state or the partnership comprising of permanent residents of the State,” it adds.
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