India will close mines in West Bengal

OREANDA-NEWS. The Minister of State for Mines and Steel, Shri Vishnu Deo Sai said that as per available information, the district-wise number of working and non working mines (except fuel, coal and minor minerals) in the State of West Bengal as on 01/04/2014 is given at Annexure. 

In a written reply in the Rajya Sabha today, Shri Vishnu Deo Sai said that Rule 23A of Mineral Conservation and Development Rules, 1988 (MCDR 1988) provides that every mine shall have a Final Mine Closure Plan. As per Rule 3(jj) of MCDR 1988, “final mine closure plan” means a plan for the purpose of decommissioning, reclamation and rehabilitation in the mine or part thereof after cessation of mining and mineral processing operations that has been prepared in the manner specified in the standard format and guidelines issued by the Indian Bureau of Mines (IBM). 

Rule 34 of MCDR 1988 provides that every holder of prospecting licence or mining lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by prospecting or mining operations and shall complete this work before the conclusion of such operations and the abandonment of prospect or mine. 

Rule 29A of Mineral Concession Rules, 1960 provides that the lessee shall not determine the lease or part thereof unless a final mine closure plan duly approved by the competent authority is implemented to the effect that protective, reclamation and rehabilitation work in accordance with the approved mine closure plan or with such modifications as approved by the competent authority have been carried out by the lessee.

Rule 23C, E and 23F of MCDR 1988 provides that:

(i)       The lessee shall submit a final mine closure plan to Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, for approval one year prior to the proposed closure of the mine.

(ii)     The lessee shall have the responsibility to ensure that the protective measures contained in the mine closure plan referred to in this rule including reclamation and rehabilitation works have been carried out in accordance with the approved mine closure plan or with such modifications as approved by the Regional Controller or the officer authorised by the State Government in this behalf under this rule.

(iii)    A financial assurance, has to be furnished by every leaseholder. The amount of financial assurance shall be rupees twenty five thousand for A category mines and rupees fifteen thousand for B category mines, per hectare of the mining lease area put to use for mining and allied activities.

The Minister said that in case the lessee does not undertake the required reclamation and rehabilitation measure as per the mine closure plan, the financial assurance can be forfeited and the sum so forfeited can be used by the concerned State Government for carrying out reclamation and rehabilitation measure. Non implementation of protective measures for reclamation and rehabilitation in accordance with the Final Mine Closure Plan may lead to contravention of rule 23E(1) of MCDR,1988 for which prosecution case can be filed. The penalty as per rule 58 of MCDR,1988 is imprisonment up to two years and fine up to fifty thousand rupees or with both and in the case of continuing contravention with an additional fine which may extend up to five thousand rupees for every day during which such contravention continues, after conviction for the first such contravention.

He said that provisions in the rules for mine closure are monitored regularly by the State Governments and IBM.

Annexure referred in reply to Rajya Sabha unstarred question number 2775 for reply on 17.12.2014 regarding ‘Closure of mines in West Bengal’ asked by Shri Md. Nadimul Haque

District-wise number of working and non-working mines except fuel, coal and minor minerals in the State of West Bengal as on 01/04/2014