-------------1---------- Notifications/Order under the provision of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957) GOVERNMENT OF GOA, DAMAN AND DIU Notification In exercise of the powers conferred by section 3, clause 2 of the Goa, Daman and Diu (Laws) Regulation, 1962, the Lieutenant Governor of Goa, Daman and Diu hereby appoints the 1st day of October, 1963, as the date on which the provisions of the Mines Act, 1952, the Mines and Minerals (Regulation and Development) Act, 1957, the Mineral Concession Rules, 1960 and the Mines Rules, 1955, as modified by the Goa, Daman and Diu (Laws) Regulation, 1962, shall come into force throughout the Union Territory of Goa, Daman and Diu.
Further, in exercise of the powers conferred by Section 3, clause 2 of the Goa, Daman and Diu (Laws) Regulation, 1962, I hereby declare that Section 16 of the Mines and Minerals (Regulation and Development) Act, 1957, is not at present applicable to the Territory of Goa, Daman and Diu.
The Lieutenant Governor M. R. Sachdev Panjim, 30th September, 1963.
(Published in the Official Gazette Series I No. 40 dated 10-10-1963) Department of Mines Notification 5-46/84-MINES In exercise of the powers conferred by section 22 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957) (hereinafter called the ‘said Act’), the Government of Goa hereby authorizes Police Officers not below the rank of Assistant Sub-Inspector to make complaint in the appropriate Court in respect of any offence under sub-section (1) of section 4 of the said Act.
By order and in the name of the Governor of Goa.
B. N. Bhat, Under Secretary (Mines).
Panaji, 18th August, 1994.
-------------2---------- Notification 5-23/88-ILD In exercise of the powers conferred by sub-section (2) of section 26 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957) (hereinafter called the ‘said Act’), the Government of Goa hereby directs that the powers exercisable by the State Government under sub-section
(3) and (4) of section 21 of the said Act, shall also be exercised by the following officers of the Directorate of Industries and Mines, Government of Goa, namely:—
(1) Director of Industries and Mines; and
(2) Senior Geologist.
By order and in the name of the Governor of Goa.
Subhash V. Elekar, Under Secretary (Industries and Labour).
Panaji, 18th October, 1988.
Notification 5-40/88-MINES In exercise of the powers conferred by sub-section (2) of section 26 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957), the Government of Goa hereby directs that the power to issue notices exercisable by it relating to declaration of the mining lease as lapsed under sub-rule (1) of rule 28 of the Mineral Concession Rules, 1960 shall be exercisable also by the Director of Industries and Mines, Government of Goa.
By order and in the name of the Governor of Goa.
D. N. Accawade, Under Secretary (Mines).
Panaji, 29th January, 1993.
-------------3---------- Directorate of Mines & Geology Notification 34/10/12- Mines In exercise of the powers conferred by clause (ib) of rule 2 of the Goa Minor Mineral Concession Rules, 1985, the Government of Goa hereby grants recognition to the persons, possessing the following qualification and experience, to prepare a quarrying plan, namely:– “Qualifications:— A Degree in Engineering or a post-graduate Degree in Engineering granted by an University established or incorporated by or under a Central Act or a State Act (including any) or an institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (Act 3 of 1956) or any equivalent qualification granted by any University or Institution outside India.
Experience:— At least three years work experience in a supervisory capacity in the field of engineering, after acquiring the above qualification”.
By order and in the name of the Governor of Goa.
Prasanna Acharya, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 8th November, 2012 (Published in the Official Gazette Series-I No. 33 dated 15-11-2012) ____________ -------------4---------- GOVERNMENT OF GOA Department of Mines Directorate of Mines & Geology Notification No. DMG/MMDR/DMF/01/2015 In exercise of the powers conferred under sub-section (1) of Section 9B of MMDR Act, 1957, Government of Goa hereby constitute and establishes a trust being non profit body for both the North-Goa and South-Goa districts of Goa State to be called “North Goa District Mineral Foundation” and “South Goa District Mineral Foundation” respectively.
By order and in the name of the Governor of Goa.
Sd/- (Pawan Kumar Sain), Secretary (Mines).
Panaji, 30th April, 2015 (Published in the Official Gazette Series-II No.5 (Extraordinary) dated 5-5-2015) ______________________ -------------5---------- Not. 11-83/2005-IA-III(Vol.III) Government of India Ministry of Environment and Forests (IA-III Division) Paryavaran Bhawan, CGO Complex, Lodhi Road, New Delhi-110003 Dated, the 8th November, 2011 OFFICE MEMORANDUM Sub: Removal of Sand in the Coastal Regulation Zone area of rivers/estuaries by manual methods by traditional communities- regarding.
This is in continuation to the Ministry’s Office Memorandum (OM) dated 24 th February, 2011 and 9th June, 2011 with regard to guidelines for management of the sand bars including its removal.
2. The Ministry had now received request from State Government of Karnataka with regard to removal of the sand bars by manual methods by traditional communities.
3. After examining the proposal and the provisions of the Costal Regulation Zone Notification, 2011 the Ministry hereby stipulates the following conditions for removal of sand bar by traditional coastal communities only by manual method (i.e., sand collection in non-mechanised dinghies or small boats using baskets/buckets by human beings) in various coastal States:-
(a) The District Collector shall chair a seven- member Committee consisting of, concerned officials as also atleast one representative of each from a scientific or technical Institute, the local communities, like fisher folk and the local civil society.
(b) Based on the recommendations of the above Committee, the District Collector may permit such removal of sand in the specified time period in a particular area alongwith specific quantity subject to such conditions, such as registration of local community persons permitted to removal the sand manually.
(c) The Environment Official at district level shall monitor the removal of sand and submit report to the Collector as may be specified, say quantity of sand removed in the period concerned.
(d) The above permit shall be renewed on yearly basis.
(e) The agenda and the minutes of the aforesaid Committee, permits issued by Collector and monitoring reports of the removal of sand would be uploaded on the website of the Collectorate and also made available hard copy to Zila Parishad etc., as may be directed by the Collector.
(f) The accumulation of sand bar, its removal the process etc., shall be studied by the State Government with the help of satellite imageries, GPS, etc. it shall be ensured that the permits are not accorded in such areas which are identified as eco-sensitive zones, fish migratory and breeding grounds. The permits shall be given taking into consideration the local circumstances and ecological settings (E. Thirunavukkarsu Deputy Director) -------------6---------- Department of Mines Directorate of Mines & Geology Notification DMG/MMDR/DMF/01/2015 In exercise of the powers conferred under sub-section (3) of Section 9B of the Mines & Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) read with sub-rule (1) of Rule (3) of the Goa District Mineral Foundation Rules, 2016 and all other powers enabling it in this behalf, the Government of Goa hereby notifies the Composition of the District Mineral Foundation for North Goa District & South Goa District respectively as follows:
District Mineral Foundation Committee for North Goa District
1. Shri Subhash Malik, r/o Kudne, Bicholim, Goa — Chairman.
2. Shri Rajan Kadkade, r/o Antil Peth, Bicholim, Goa — Member.
3. Shri Uday Vasant Bhate, r/o Narve, Bicholim, Goa — Member.
4. Shri Vinod Shinde, r/o Honda, Satari, Goa — Member.
5. Shri Prasanna Acharya, Director (Mines & Geology) 1[Dy. Director of Mines and Geology-I] — Member Secretary.
District Mineral Foundation Committee for South Goa District
1. Shri Nilesh Cabral, MLA Curchorem, Goa — Chairman.
2. Shri Jeetendra Vasant Naik, r/o Mallem, Sacorda, Goa — Member.
3. Shri Ramakant Tilu Gaonkar, r/o Santon, Codli, Kirlapal — Member.
4. Shri Satyavan Savlo Gaonkar, r/o Amdai, Sanguem, Goa — Member.
5. Shri Prasanna Acharya, Director (Mines & Geology) 2[Dy. Director of Mines and Geology-II] — Member Secretary.
By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Additional Secretary (Mines & Geology).
Panaji, 30th November, 2017.
(Published in the Official Gazette Series-II No. 36 dated 7-12-2017) _____________ Department of Mines -------------7---------- Directorate of Mines & Geology Order No. DMG/MMDR/DMF/01/2015/6124 Read: Notification No. DMG/MMDR/DMF/01/2015 dated 30th November, 2017.
In partial modification to Notification read above, Government of Goa is pleased to appoint Dy.
Director of Mines and Geology-II as Member Secretary for District Mineral Foundation Committee for South Goa District and Dy. Director of Mines and Geology-I as Member Secretary for District Mineral Foundation Committee for North Goa District in place of Shri Prasanna Acharya, Director of Mines and Geology with immediate effect.
By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Director/Additional Secretary (Mines and Geology).
Panaji, 20th August, 2018.
(Published in the Official Gazette Series II No. 21 dated 23-8-2018) Department of Mines Directorate of Mines & Geology Corrigendum No. 44/1/Policy/80-Mines/Vol.VI/Part/6228 Read: Order No. 44/1/Policy/80-Mines/Vol. VI/Part/4255 dated 14-03-2018.
In the order dated 14-03-2018 read at preamble, in the fourth line date mentioned as 28-11-2012 shall be read as dated 20-11-2012. The rest of the contents in the aforesaid order shall remain unchanged.
By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Director/Addl. Secretary (Mines & Geology).
Panaji, 28th August, 2018.
(Published in the Official Gazette Series II No. 22 dated 30-8-2018) _____________ -------------8---------- Department of Mines Directorate of Mines & Geology Notification No. 01/226/2012-MINES/PART-I/6625 Read: 1) Notification No. 01/226/2012-Mines/2328 dated 13-11-2012.
2) Notification No. 01/226/2012-Mines/2787 dated 18-01-2013.
In partial modification to Notifications read above, Government of Goa hereby re-constitutes the following committees namely:- (A) North Goa District Committee:
1) Collector, North Goa District, Panaji-Goa — Chairman.
2) Junior Environmental Engineer, Goa State Pollution Control Board — Member.
3) Assistant Geologist, Directorate of Mines and Geology — Member.
4) Assistant Engineer, Water Resources Department — Member.
5) (a) Technical Representative, Department of Science & Technology — Member.
(b) Technical Representative of Department of Environment —Member Secretary.
6) Associate Professor in Geology, Department of Civil Engineering, Goa College of Engineering, Farmagudi, Ponda-Goa — Member.
7) (1) Shri Babani Madhu Salgaonkar, Tarwada, Colvale, Bardez-Goa – Representative of local community — Members.
(2) Shri Vishwas Naroji, Konadi, Korgao, Pernem-Goa– Representative of Local Civil Society (B) South Goa District Committee:
1) Collector, South Goa District, Margao-Goa — Chairman.
2) Junior Environmental Engineer, Goa State Pollution Control Board — Member.
3) Assistant Geologist, Directorate of Mines and Geology — Member.
4) Assistant Engineer, Water Resources Department — Member.
5) (a) Technical Representative, Department of Science & Technology — Member.
(b) Technical Representative of Department of Environment Secretary. — Member.
6) Associate Professor in Geology, Department of Civil Engineering, Goa College of Engineering, Farmagudi, Ponda-Goa — Member.
7) (1) Shri Sudhakar Joshi, Betul, Quepem, Goa – Representative of Local Community — Members.
(2) Shri Govind Gaonkar, Mollem, Dharbandora, Goa – Representative of Local Civil Society By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Director/Addl. Secretary (Mines & Geology).
Panaji, 10th October, 2018.
(Published in the Official Gazette Series II No. 28 dated 11-10-2018) -------------9---------- Department of Mines Directorate of Mines & Geology Notification No. 01/226/2012-Mines/2328 In pursuance of the Office Memorandum No. 11-83/2005-IA-III (Vol.III) dated 08-11-2011 issued by the Deputy Director, Ministry of Environment and Forest (IA-III Division), Government of India, the Government of Goa hereby constitutes the following committees, namely:
(A) North Goa District Committee:
(1) Collector, North Goa District, Panaji-Goa — Chairman.
(2) Assistant Environment Engineer, Goa State Pollution Control Board — Member.
(3) Assistant Geologist, Directorate of Mines and Geology — Member.
(4) Assistant Engineer, Water Resources Department — Member.
(5) Technical Scientific Officer, Department of Science, Technology and Environment — Member Secretary.
(6) Associate Professor in Geology, Department of Civil Engineering Goa College of Engineering, Farmagudi, Ponda–Goa — Member.
(7) One Representative of the Local Community to be nominated by the Government — Member.
(8) One Representative of the Local Civil Society to be nominated by the Government.
— Member.
(B) South Goa District Committee:
(1) Collector, South Goa District, Margao-Goa — Chairman.
(2) Assistant Environment Engineer, Goa State Pollution Control Board — Member.
(3) Assistant Geologist, Directorate of Mines and Geology — Member.
(4) Assistant Engineer, Water Resources Department — Member.
(5) Technical Scientific Officer, Department of Science, Technology and Environment — Member Secretary.
(6) Associate Professor in Geology, Department of Civil Engineering, Goa College of Engineering, Farmagudi, Ponda–Goa — Member.
(7) One Representative of the Local Community to be nominated by the Government — Member.
(8) One Representative the Local Civil Society to be nominated by the Government — Member.
The above Committees shall strictly abide by the conditions as laid down in the above referred Office Memorandum and the provision as stipulated in Goa Minor Mineral Concessions Rules, 1985.
This Notification shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 28th November, 2012.
(Published in the Official Gazette Series II No. 37 dated 13-12-2012) _____________ -------------10---------- Department of Mines Directorate of Mines & Geology Notification No. 01/226/2012-Mines/2787 WHEREAS, the Government of Goa vide Notification No. 01/226/2012-Mines/2328 dated 28-11- 2012 published in the Official Gazette, Series II No. 37 dated 13-12-2012 has constituted the North Goa District Committee and the South Goa District Committee (herein referred to as the “said Notification”).
AND WHEREAS, in terms of the said Notification, one representative each of the local community and of the Local Civil Society are required to be nominated by the Government as member of the said North Goa District Committee and the South Goa District Committee.
Now, therefore, the Government of Goa hereby nominates the following representatives of the local community and Local Civil Society as members of the North Goa District Committee and the South Goa District Committee, namely:- (A) For North Goa District Committee
(1) Shri Babani Madhu Salgaonkar, Tarwada, Colvale, Bardez, Goa —Representative community.
of local
(2) Shri Vishwas Naroji, Konadi, Korgao, Pernem, Goa —Representative Society.
of Local Civil (B) For South Goa District Committee
(1) Shri Sudhakar Joshi, Betul, Quepem, Goa —Representative community.
of Local 2) Shri Govind Gaonkar, Mollem, Dharbandora, Goa —Representative of Local Civil Society.
At entry No. (2) of North Goa District Committee and South Goa District Committee appearing as Assistant Environmental Engineer, Goa State Pollution Control Board shall be read as “Junior Environmental Engineer”, Goa State Pollution Control Board.
This Notification shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Director (Mines & Geology).
Panaji, 18th January, 2013.
(Published in the Official Gazette Series II No. 43 dated 24-1-2013) ______________ -------------11---------- Department of Mines Directorate of Mines & Geology Notification No. DMG/MMDR/SPJ/30B/2018/7858 In exercise of the powers conferred by sub-section (1) of Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) (hereinafter called as the “said Act”), the Government of Goa hereby constitutes the Court of District Judge-1 and Additional Sessions at South- Goa, Margao as a Special Court, for the whole of the State of Goa, for speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section (1A) of Section 4 of the said Act.
Further, in exercise of the powers conferred by sub-section (2) of Section 30B of the said Act and with the concurrence of the High Court of Bombay, conveyed vide letter No. A.3945/G/2949/2018 dated 13th November, 2018, the Government of Goa hereby appoints Shri Edgar Fernandes, District Judge-1 and Additional Sessions Judge, South Goa, Margao, as the Judge of the said Special Court.
This notification shall come into force with immediate effect.
By order and in the name of the Governor of Goa.
Prasanna A. Acharya, Director & Additional Secretary (Mines & Geology).
Panaji, 25th January, 2019.
(Published in the Official Gazette Series II No. 44 dated 31-1-2019) ____________ Department of Mines Directorate of Mines & Geology Order No. DMG/MMDR/37VIO/02/2014/3342 In exercise of the powers conferred by Rules 17 & 18 of the Rules of Business of the Government of Goa, Shri Prasanna A. Acharya, Director of Mines & Geology/Addl. Secretary (Mines), Government of Goa, is hereby delegated the powers of the State Government to hear and dispose off the matters in terms of Rule 37 & 38 of the Mineral Concession Rules, 1960 as it existed with immediate effect.
The final orders in above mentioned proceedings shall be authenticated in terms of the Authentication Rules so framed by the Government.
Panaji, 5th January, 2018.
By order and in the name of the Governor of Goa.
Daulat Hawaldar, Secretary (Mines).
(Published in the Official Gazette Series II No. 41 dated 11-07-2018) -------------12---------- Department of Mines Directorate of Mines & Geology Order No. 96/199/87/IIR-Mines/8477 Read: Government Order No. DMG/MMDR/37VIO/ 02/2014/3342 dated 05-01-2018 published in Official Gazette, No. 41 Series II dated 11th January, 2018.
In partial modification of Order read at preamble, in exercise of the powers conferred by Rules 17 & 18 of the Rules of Business of the Government of Goa, Shri Ameya Abhyankar, IAS, Director of Mines and Geology, Government of Goa is hereby delegated the powers of the State Government to hear and dispose off the matters in terms of Rule 37 & 38 of the Mineral Concession Rules, 1960 as it existed with immediate effect.
The final orders in above mentioned proceedings shall be authenticated in terms of the Authentication Rules so framed by the Government.
By order and in the name of the Governor of Goa. Daulat Hawaldar, IAS, Commissioner-cum-Secretary (Mines).
Panaji, 28th March, 2019.
(Published in the Official Gazette Series II No. 1 dated 4-04-2019) __________________ -------------13---------- Directorate of Mines & Geology — Order No. 96/199/87/IIR-Mines/11003 Read: 1. Government Order No. DMG/MMDR/37VIO/02/2014/3342 dated 05-01-2018 published in Official Gazette No. 41 Series II dated 11th January, 2018.
2. Government Order No. 96/199/87/IIR-Mines/8477 dated 28-03-2019 published in Official Gazette No. 1 Series II dated 4th April, 2019.
In partial modification of the Orders read at preamble, in exercise of the powers conferred by Rules 17 & 18 of the Rules of Business of the Government of Goa, Shri Ashutosh R. Apte, Director of Mines & Geology, Government of Goa, is hereby delegated the powers of the State Government to hear and dispose off the matters in terms of Rule 37 & 38 of the Mineral Concession Rules, 1960 as it existed with immediate effect.
The final orders in above mentioned proceedings shall be authenticated in terms of the Authentication Rules so framed by the Government.
By order and in the name of the Governor of Goa.
Daulat Hawaldar, IAS, Commissioner-cum-Secretary (Mines).
Panaji, 02nd January, 2020.
(Published in the Official Gazette Series II No. 41 dated 9-1-2020) ______________ Department of Mines Directorate of Mines & Geology Order DMG/MMDR/DMF/01/2015/11065 In exercise of powers conferred under Rule 54 of the Goa Minor Mineral Concession Rules, 1985, the Government of Goa hereby authorizes, Public Works Department, Government of Goa to dispose of any minor mineral found abandoned at any public places and/or found during raids/surprise Inspections by Inspecting Authorities notified under Goa Minor Mineral Concession Rules, 1985.
Public Works Department, Government of Goa is further authorized to dispose of the minor mineral found by any means referred above by handing over the same by proper measurement and report to any empanelled contractors of Public Works Departments and/or Goa State Infrastructure Development Corporation by devising a mechanism to ensure fairness in handing over the minor mineral.
Further, Public Works Department is also authorized to handover the minor mineral found by any means referred above by charging an amount of 60% of the amount of mineral notified in the Goa Schedule of Rates building works from time to time and get the said amount deposited in the budget head as mentioned herein below:— -------------14---------- Demand No. 83:
0853—Non Ferrous Mining & Metallurgical Industries;
00—;
102—Mineral Concession Fees & Royalties;
02—Royalty-Minor Minerals;
00—.
Public Works Department, Government of Goa may nominate one Officer for the District not below the rank of Executive Engineer from its Department to act as Nodal Officer to ensure lifting and disposal of minor mineral found by any means as referred above.
This order shall come into force from the date of notification in the Official Gazette. Government hereby validates all cases of minor mineral disposed in the manner referred above.
By order and in the name of the Governor of Goa.
Sd/- (Ashutosh Apte), Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 8th January, 2020.
(Published in the Official Gazette Series I No. 42 dated 16-1-2020) ____________ Department of Mines Directorate of Mines & Geology Order No. 01/112/2016/PER/ADM/MINES/PART/1438 Government is pleased to accept the technical resignation tendered vide letter dated 05-10-2020 by Shri Mahesh Mayekar, Assistant Geologist of Directorate of Mines & Geology, Panaji-Goa with immediate effect in order to join the post of Assistant Professor, Earth Science in the School of Earth, Ocean and Atmospheric Sciences at Goa University, Taleigao Plateau, Goa. Government has also accorded approval to the request of Shri Mahesh Mayekar to maintain lien for the post of Assistant Geologist of Directorate of Mines & Geology, Panaji-Goa for a period of two years as per the provision under F.R. 13.
By order and in the name of the Governor of Goa.
Vivek H.P., IAS, Director/Head of Department (Mines & Geology).
Panaji, 29th October, 2020.
(Published in the Official Gazette Series II No. 32 dated 5th November, 2020) -------------15---------- Department of Mines Directorate of Mines & Geology Notification DMG/MMDR/DMF/01/2015/117 In exercise of the powers conferred by section 15 read with sub-sections (2) and (3) of section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa District Mineral Foundation (Trust) Rules, 2018, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa District Mineral Foundation (Trust) (Second Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Amendment of rule 4.— In rule 4 of the Goa District Mineral Foundation (Trust) Rules, 2018, (hereinafter referred to as the “Principal Rules”), in clause (d), in the table, in the entry against serial No. 14, for the words “Mineral Foundation of Goa”, the words “Centre for Environment Education” shall besubstituted.
3. Amendment of rule 15.— In rule 15 of the Principal Rules, after clause (d), the following clause shall be inserted, namely:— “(e) The Government shall set up a Project Management Unit (PMU) at the State level.
The Project Management Unit shall assist the District Mineral Foundation in planning, supervising, monitoring works undertaken by the District Mineral Foundation.
4. Insertion of new rule 15A.— After rule 15 of the Principal Rules, the following rule shall be inserted, namely: — “15A. Constitution of State Level Monitoring Committee. — (1) The Government shall constitute a State Level Monitoring Committee consisting of the following members, namely: —
(i) Chief Minister ... Chairperson.
(ii) Minister for Mines/ Minister from Mining affected Areas … Member.
(iii) Chief Secretary … Member.
(iv) Secretary (Mines) … Member.
(v) Secretary (Finance) … Member.
(vi) Director of Mines & Geology … Member.
(2) The State Level Monitoring Committee shall monitor the works undertaken by the District Mineral Foundation.” Note: The Principal Rules were published in the Official Gazette, Series I No. 41 dated 10-01-2019 and subsequently amended vide the Government Notification No. DMG/ MMDR/DMF/01/2015/8040 dated 13-02-2019, published in the Official Gazette, Series I No. 47 dated 21-02-2019.
By order and in the name of the Governor of Goa.
Vivek H. P., IAS, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 23rd March, 2021.
(Published in the Official Gazette Series I No. 4 dated 22nd April, 2021) -------------16---------- Industries and Labour Department Notification 2/DI/2 In exercise of the powers conferred by sub-section (2) of Section 3 of the Goa, Daman and Diu (Laws) Regulation 1962 and in partial modification of the Notification of the 30th September, 1963, published in the Government Gazette of the 10th October, 1963, the Lt. Governor of Goa, Daman and Diu hereby appoints the 15th day of January, 1966, as the date on which the section 16 of the Mines and Mineral (Regulation and Development)Act, 1957, shall come into force throughout the Union Territory ofg Goa, Daman and Diu.
By order and in the name of the Lieutenant Governor of Goa, Daman and Diu.
D. V. Sawant, Deputy Secretary, Industries and Labour Department.
Panajim, 4th January, 1966.
(Published in the Official Gazette Series I No. 42 dated 13-1-1966) ___________ Department of Mines Directorate of Mines & Geology Notification 34/10/2012/mines(part)/461 In exercise of the powers conferred by section 15 of the Mines and Mineral (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa Minor Mineral Concession Rules, 1985, namely: —
1. Short title and commencement. — (1) These rules may be called the Goa Minor Mineral Concession (Amendment) Rules, 2021.
(2) They shall come in to force on the date of their publication in the Official Gazette.
2. Amendment of rule 7.— In rule 7 of the Goa Mineral Concession Rules, 1985 (hereinafter referred to as the “Principal Rules”), —
(i) after sub-rule (5), the following sub- -rule shall be inserted, namely: — 5(A) Where the Competent Officer does not approve, or seek modification to, the quarrying plan within a period specified in sub-rule (3), or does not approve or disapprove the modified quarrying plan within a period specified in sub-rule (4), the applicant shall be entitled to commence the quarrying operation in accordance with the quarrying plan or modified quarrying plan, as the case may be, submitted by him, subject to the condition that quarrying to be done is in an area as determined by the Government”;
-------------17----------
(ii) For sub-rule (6), the following sub-rule shall be substituted, namely: —
(6) Where the quarrying plan is approved under sub-rule (3) or (4) or the quarrying operation to be commenced as provided in sub-rule (5A), a lease in Form ‘D’ or in a form as near thereto as the circumstances of each case may require, shall be executed within four months from the date of Order granting such approval under sub-rule (3) or (4) or the date of such entitlement to commence quarrying operation under sub-rule (5), as the case may be, and if no such lease is executed within the aforesaid period, the Order granting the quarrying lease and order granting approval under sub-rule (3) or (4) including entitlement to commence quarrying operation under sub-rule (5A) shall be deemed to be revoked and the quarrying operation if started shall be stopped forthwith:
Provided that where the Competent Officer is satisfied that the applicant was prevented by sufficient cause from executing the lease, we may permit the execution of the lease after the expiry of the aforesaid period of four months”.
3. Amendment of rule 7A.— In rule 7A of the Principal Rules, for sub-rule (1), the following sub-rule shall be substituted, namely: — “(i) Save as provided in sub-rule (5A), no person shall commence quarrying operation in any area except in accordance with a quarrying plan approved under sub- -rule (3) or (4) of rule 7”.
4. Substitution of rule 7B.— For rule 7B of the principal Rules, the following rule shall be substituted, namely: — “7B. Quarrying plan to be submitted by the existing lessee.— Where any quarrying operation has been undertaken before the commencement of the Goa Minor Mineral Concession (Amendment) Rules, 2021 without an approved quarrying plan, the holder of such quarrying lease, shall submit a quarrying plan within a period of sixty days from the date of commencement of the Goa Minor Mineral Concession (Amendment) Rules, 2021, to the Competent Officer for approval, and the provisions of subrules (3) to (6) of rule 7 shall, mutatis mutandis, apply.”
5. Substitution of rule 47.— For rule 47 of the principal Rules, the following rule shall be substituted, namely: — “47. Application to Competent Officer to bring minor mineral from outside Goa. — (1) Any person who intends to bring any minor minerals into the State of Goa from outside the State, shall apply to the Competent Officer, to issue a permit, stating the nature, quantity and origin of the minor mineral.
(2) The applicant shall pay the processing fee as specified in the Table below along with the application for issue of permit.
TABLE Sr.
No.
Type of motor vehicle Processing Fee 1 For transportation of minor mineral by a motor vehicle having wheels not exceeding six Rs. 500/- per motor vehicle 2 For transportation of minor mineral by a motor vehicle having wheels exceeding six Rs. 1,000/- per motor vehicle
(3) The Competent Officer shall after conducting such inquiry as he deems fit, issue a permit in quintuplicate. One copy of such permit shall be issued to the applicant, the second copy shall be forwarded to the appropriate check post in the State of Goa, the third copy shall be forwarded to the -------------18---------- Inspecting Officer, the fourth copy shall be forwarded to the Director and the fifth copy shall be retained by the Competent Officer for records and verification of the consignment of minor mineral on arrival. The permit shall remain in force only up to the date specified therein.
(4) The Inspecting Officer at the check post shall upon production of a valid permit issued under sub-rule (3) issue a transit slip/transit pass to the vehicle/carrier used for transportation of minor mineral which is permitted under sub-rule (1) to be brought into the State of Goa”.
By order and in the name of the Governor of Goa.
Vivek H. P., IAS, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 11th June, 2021.
(Published in the Official Gazette Series I No. 12 dated 17th June, 2021) ____________ MINISTRY OF MINES NOTIFICATION New Delhi, the 25th June, 2021 G.S.R. 437(E).—In exercise of the powers conferred by sub-sections (5) and (6) of section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules further to amend the Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015, namely:—
1. (1) These rules may be called the Mines and Minerals (Contribution to District Mineral Foundation) Amendment Rules, 2021.
(2) They shall be deemed to have come into force on the 28th day of March, 2021.
2. In the Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015, (hereinafter, the principal rules), in rule 2,—
(i) for the words “prospecting licence-cum-mining lease”, at both the places where they occur, the words “composite licence” shall be substituted;
(ii) in clause (a), after the figures, letters and word “12th January, 2015”, the words, brackets, figures and letter “, other than those mineral concessions which are covered under the provisions of sub-section
(2) of section 10A” shall be inserted;
(iii) in clause (b), after the figures, letters and word “12th January, 2015”, the words, brackets, figures and letter “and those mining leases covered under the provisions of sub-section (2) of section 10A” shall be inserted.
(iv) after clause (b), the following proviso shall be inserted namely: — “Provided that the amount calculated at the rate specified at clause (b) of rule 2 in respect of the mining leases covered under the provisions of sub-section (2) of section 10A shall be paid with effect from the 28th day of March, 2021.” [F. No. 1/3/2021-M.VI] Dr. VEENA KUMARI DERMAL, Jt. Secy.
Note: The Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015 were published in Gazette of India, Part II, section 3, sub-section (i) vide number G.S.R. 715(E), dated, the 17th September, 2015 [Published in the Gazette of India Extraordinary PART II—Section 3—Sub-section (i) dated 25-6-2021] -------------19---------- MINISTRY OF MINES NOTIFICATION New Delhi, the 25th June, 2021 G.S.R. 438(E).—In exercise of the powers conferred by section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) read with section 21 of the General Clauses Act, 1897 (10 of 1897), the Central Government hereby rescinds the notification of the Government of India in the Ministry of Mines number G.S.R. 516(E), dated the 29th June, 2015 relating to the Mineral (Non- Exclusive Reconnaissance Permits) Rules, 2015, published in Gazette of India, Part II, section 3, subsection (i), dated the 29th June, 2015, except as respects things done or omitted to be done before such rescission, with effect from the date of publication of this notification.
[F. No. 1/3/2021-M.VI(Part)] Dr. VEENA KUMARI DERMAL, Jt. Secy.
Note : The Mineral (Non-Exclusive Reconnaissance Permits) Rules, 2015 were published in Gazette of India, Part II, section 3, sub-section (i) vide number G.S.R. 516(E) dated the 29th June, 2015.
[Published in the Gazette of India Extraordinary PART II—Section 3—Sub-section (i) dated 25-6-2021] ____________ GOVERNMENT OF GOA Department of Mines & Geology Directorate of Mines & Geology Notification DMG/MMDR/DMF/01/2015/1846 In exercise of the powers conferred by section 15 read with sub-sections (2) and (3) of section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa District Mineral Foundation (Trust) Rules, 2018, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa District Mineral Foundation (Trust) (Third Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Amendment of rule 4.— In rule 4 of the Goa District Mineral Foundation (Trust) Rules, 2018 (hereinafter referred to as the “principal Rules”), in clause (d), in the Table,-
(i) for the entry against serial No. 2, the following entry shall be substituted, namely:— “2. Members of Parliament, Lok Sabha, of the respective Districts of the State of Goa Members/ Trustees”;
(ii) after the entry at serial No. 2, the following new entries shall be inserted, namely:— -------------20---------- “2a. Member of Parliament, Rajya Sabha, of the State of Goa (The Rajya Sabha MP shall intimate name of the district selected by him/her to the Secretary in-charge of Mining Department of the State who in turn shall inform the concerned District Magistrate/District Collector) Members/ Trustees”;
2b. Members of the Legislative Assembly of Goa from the mining affected areas in the State of Goa Members/ Trustees”;
3. Amendment of rule 25.— In rule 25 of the principal Rules, in clause (a), for the expression “The District Mineral Foundation Rules, 2015”, the expression “The Goa District Mineral Foundation Rules, 2016” shall be substituted.
By order and in the name of the Governor of Goa.
Vivek H. P., IAS, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 5th January, 2022.
Note:— The Principal Rules were published in the Official Gazette, Series I No. 41 dated 10-01-2019 and subsequently amended vide the Government Notification No. DMG/MMDR/DMF / 01/2015/8040 dated 13-02-2019, published in the Official Gazette, Series I No. 47 dated 21-02-2019.
Notification 03/111/2021/Major/Mines/1880 The “Policy on mineral rejects/Sub grade ore/By-product which were generated during the course of mining which were below the threshold value at that point in time, as stipulated in the amended Rule 12(1) (k) of the Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016 notified on 02-11-2021” as approved by the Government of Goa is hereby published for the general information of the public.
Shri Vivek H.P., I.A.S, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 6th January, 2022.
“Policy on mineral rejects/Sub grade ore/By-product which were generated during the course of mining which were below the threshold value at that point in time, as stipulated in the amended Rule 12(1)(k) of the Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016 notified on 02-11-2021” Background:— The Council of Ministers vide decision taken in LXth Cabinet Meeting held on 22-12-2021 resolved to direct the Department of Mines & Geology to formulate a policy with appropriate terms and conditions, in view of the representations received from erstwhile lease holders, which should be in line with the “Policy for regulating the mining dumps on Government and Private Lands and related issues”, “Goa Mineral Policy 2013”, the observations made therein by the Expert Committee constituted by Hon’ble Supreme Court in W. P. No. 435/2012 and directions of Hon’ble Supreme Court in connected matters, and the recent amendments in Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016, published in the Official Gazette dated 02-11-2021, and place the same before -------------21---------- the Council of Ministers for discussion and decision.
In view of the above directions of the Council of Ministers, the following Policy is envisaged.
Introduction.— 1. The Government of India has recently cried out amendments in Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016, published in the Official Gazette dated 02-11-2021 and the same has come into force on 02-11-2021 where in Rule 12 has been modified as mentioned below:
(ii) In sub-rule (1), in clause (k).—
(a) After the words “in respect of any mineral”, the words and figure “having a grade equal to or above the threshold value of such mineral, as notified by the Indian Bureau of Mines under the Mineral Conservation and Development Rules, 2017,” shall be inserted;
(b) after the first proviso, the following proviso shall be inserted, namely:— “Provided further that in case of overburden or the waste rock or the mineral below the threshold value, which is generated during the course of mining or beneficiation of the mineral; or any minor mineral extracted along with the mineral for which lease is granted, the State Government in consultation with the Indian Bureau of Mines may, by order permit the lessee to dispose of such material in such quantity and in such manner as may be specified therein, on such payment as may be decided by the State Government;”.
The above Notification has been made in order to promote zero waste mining and the same will have to be made applicable in the State of Goa, albeit in conformity with various directions of Hon’ble Supreme Court and Hon’ble High Court in connected matters and various policies made by the State Government to that effect.
2. The manner in which the dumps of overburden, waste are to be regulated was a subject matter of a Six Member Expert Committee Report (the members of such committee were finalised by Hon’ble Supreme Court based on the recommendations made by the petitioner namely Goa Foundation) prepared under directions of the Hon’ble Supreme Court in terms of judgment dated 21st April, 2014, in Writ Petition (Civil) No. 435 of 2012 and other connected matters. The State of Goa has filed an I.A 6524/2020 on 08-01-2020 before the Hon’ble Supreme Court in Writ Petition (C) No. 435/2012 for permitting the State Government to handle such mining dumps and the hearing in this regard is in progress.
3. The Hon’ble Supreme Court vide it’s judgment dated 21-04-2014 in Writ Petition (Civil) No.
435 of 2012 on issues related to iron ore mining in the State of Goa has issued following directions:
“88.11: The Expert Committee will submit its Report within six months from today on how the mining dumps in the State of Goa should be dealt with and will submit its final Report within twelve months from today on the cap to be put on the annual excavation of iron ore in Goa”.
4. The Expert Committee while making their recommendations has observed as under:— “dumps or stacks of ore (raw or processed) that are marketable presently are not dealt with in this report.” The Expert Committee has also observed that:
“The State Government has submitted its Goa Mineral Policy (GMP 2013) to the Hon’ble Supreme Court and to this Committee. The Policy states that:
-------------22---------- A. Predominantly all dumping activities in Goa has been done in areas outside mining lease and in non-forest lands which did not attract forest clearances.
B. Such dumping has always been in accordance with the approved mining plan and other requisite clearances, from time to time.
C. The State Government has formulated a policy for the mining dumps on Government and private land located outside the mining lease by way of the Land Revenue Code (Amendment) Act, 2013.
There has been no observation and/or order in the judgement of this Court dated 21st April, 2014, on ownership and/or expropriation of dumps within or outside the mining lease. Therefore, the levy of fees and the handling of the dumps is a State matter and needs to be governed by the State, in accordance with the Goa (Prevention of Illegal Mining, Storage, Transportation of Minerals) Rules, 2013 and GMP 2013, other relevant Acts and Rules.”
5. The State Government had formulated the Policy in the year 2013 namely “Policy for regulating the mining dumps on Government and Private Lands and related issues” to provide for regularization of the use of land for dumping of overburden (referred to as dumps), waste, sub-grade, tailing etc. (hereinafter referred as sub grade minerals), as the case may be, on payment of a levy under section 36 of the Land Revenue Code. The said Policy was notified on 03-09-2013.
6. The said Policy continues to govern the aspect of maintaining of dumps and sub-grade mineral ore, as the case may be, where the parties have acted and the State has collected the revenue as per this policy from the entities maintaining such dumps or sub-grade mineral ore for regularization and utilization of lands for the said purpose and also issued Sanads to that effect.
7. The said policy was framed subsequent to The Land Revenue Code (Amendment) Act, 2013, vide amendment to section 33 of the Code, which empowered the Government to impose a fine in cases where the land was used for dumping mining rejects or like material without permission. The amendment states as under:
“(1A) Where the land has been used for dumping mining rejects or like material without permission, the Government may impose such fine as may be prescribed”.
The State Government has collected revenue in terms of conversion charges and fines in view of the above stated Policy.
8. The State of Goa formulated the Goa Mineral Policy, 2013, wherein the aspects of how to handle dumps have been envisaged. The said mineral policy has been cited in W.P. No. 435/2012 and the Expert Committee has also made a reference about the same in its report.
9. The said mineral policy has neither been set aside by the Hon’ble Supreme Court nor has been withdrawn by the State Government. It is pertinent to mention the relevant portion pertaining to handling of dumps in Goa Mineral Policy, 2013, at point No. 6.3.8 which is reproduced as below:— “Dump handling outside the leasehold area shall be allowed only in cases where in the land has been converted to nonagricultural use. The dues with respect to same have been deposited with Government by the concerned lease holder or the erstwhile concessioner. The dump handling would be permitted only in cases where the removal shall be in the interest of the environment or if the land can be put to some agriculture or allied activities, or if removal of such dumps shall avoid risk of polluting the water resources and the alike. In addition to this, the leaseholder shall obtain necessary clearance from the Goa State Environmental Impact Assessment Authority, consent under Air and Water Act from Goa State Pollution Control Board and permission from Office of Department of Mines and Geology” -------------23----------
10. Also, the Hon’ble Supreme Court in Chowgule & Co.(P) Ltd. vs Goa Foundation, (2020) 12 SCC 56 had observed as under:— “35. ............. There is no doubt that the ownership of the ore is that of the party that has raised the ore. The ore which has been permitted to be transported is on condition of payment of royalty. We see no reason why the owners should not be allowed to transport their own ore.” In view of all the above facts and circumstances, the Council of Ministers in the LXth Cabinet meeting held on 22-12-2021 had directed to formulate a Policy with appropriate terms and conditions, in view of the representations received from erstwhile lease holders, which should be in line with the “Policy for regulating the mining dumps on Government and Private Lands and related issues”, “Goa Mineral policy 2013”, the observations made therein by the Expert Committee constituted by Hon’ble Supreme Court in W.P. No. 435/2012 and the directions of Hon’ble Supreme Court connected matters, and the recent amendments in Mineral(Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016, published in the Official Gazette dated 02-11-2021.
Accordingly, the following Policy is envisaged:— Scope of the Policy:— The Policy shall cover only such mineral rejects/ Sub grade ore/ Byproduct which were generated during the course of mining and were below the threshold value at that point in time, as stipulated in the amended Rule 12(1)(k) of the Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016 and as such have become marketable at present. In view of directions of Hon’ble Supreme Court in W.P No. 435/2012, and other connected matters, the manner in which, policy shall be made applicable is prescribed as mentioned below:— a) Mineral rejects/Sub grade ore/Byproduct generated prior to 22-11-2007.
i) The Directorate of Mines & Geology, on case to case basis, upon verification of relevant records/documents, may permit the lessee the transportation of all such mineral rejects/sub-grade ore/byproduct, which were generated during the course of mining prior to 22-11-2007 and stacked within the lease area and were below the threshold value at that point in time and have become marketable at present, in view of the amended Rule 12(1)(k) of Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016 provided that the applicant makes the payment as specified in Schedule of Charges in this policy, and obtains necessary statutory clearances and permission from Indian Bureau of Mines and Directorate General of Mines Safety.
ii) The Directorate of Mines & Geology, on case to case basis, upon verification of relevant records/documents, may permit the lessee the transportation of all such mineral rejects/sub-grade ore/byproduct, which were generated during the course of mining prior to 22-11-2007 and were below the threshold value at that point in time and have become marketable at present, which are stacked outside the lease area on such lands including private lands and or Government lands as per the provisions of MMDR Act, 1957 and Rules prevalent at that point of time, for which appropriate charges have been paid and conversion sanad obtained as stipulated in the “Policy for regulating the mining dumps on Government and Private Lands and related issues” dated 3-09-2013 or Net Present Value i.e. NPV paid and obtained clearance under Forest Conservation Act, 1980 and other Acts and Rules as applicable, provided that the applicant makes the payment as specified in Schedule of Charges in this policy, and obtains necessary statutory clearances and permission from Indian Bureau of Mines and Directorate General of Mines Safety.
iii) All such mineral rejects/sub-grade ore/by-product which were generated during the course of mining prior to 22-11-2007 and were below the threshold value at that point in time and have become -------------24---------- marketable at present which are stacked outside the lease area on Government lands, the State Government shall bear the liberty to take all the appropriate action as deemed fit, including the confiscation and auctioning of the mineral rejects/sub-grade ore/byproduct by Government, if the applicant has not complied with the provisions of the “Policy for regulating the mining dumps on Government and Private Lands and related issues” dated 03-09-2013.
b) Mineral rejects/Sub grade ore/Byproduct generated from 23-11-2007 to 11-09-2012.
i) The mineral rejects/Sub grade ore/By-product which were generated during the course of mining from 23-11-2007 to 11-09-2012 shall be disposed off as may be determined by the State Government including auctioning as per the existing e-auction policy of the State Government.
c) Mineral rejects/Sub grade ore/Byproduct generated post 11-09-12.
i) The Directorate of Mines & Geology, on case to case basis, upon verification of relevant records/documents, may permit the lessee the transportation of all such mineral rejects/sub-grade ore/byproduct, which were generated during the course of mining post 11-9-2012 and stacked within the lease area and were below the threshold value at that point in time and have become marketable at present, in view of the amended Rule 12(1)(k) of Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016 provided that the applicant makes the payment as specified in Schedule of Charges in this policy, and obtains necessary statutory clearances and permission from Indian Bureau of Mines and Directorate General of Mines Safety.
d) The Directorate of Mines & Geology shall maintain an inventory of the above transportation of material in the State of Goa.
e) The permission for transportation of all such mineral rejects/sub-grade ore/by product which were generated during the course of mining prior to 22-11-2007 and post 11-09-2012, which were below the threshold value at that point in time and have become marketable at present shall be in conformity with the recent Amendments in Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession Rules, 2016, published in the Official Gazette dated 02-11-2021, “Policy for regulating the mining dumps on Government and Private Lands and related issues”,“Goa Mineral Policy 2013”, The Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013, the observations made therein by the Expert Committee constituted by Hon’ble Supreme Court in W.P. No. 435/2012 and directions of Hon’ble Supreme Court in connected matters.
f) Schedule of Charges:
i) 3In case of the material where in the grade is above current threshold value as published by Indian Bureau of Mines, the royalty shall be charged by the State Government as per the Average Sale Price of Minerals as prescribed by the Indian Bureau of Mines.
ii) In case of the material where in the grade is below the current threshold value as published by Indian Bureau of Mines, the royalty shall be chargeable on the line of the highest royalty rate charged amongst the minor minerals as prescribed by the State Government.
iii) Apart from payment of royalty, the applicant shall also pay DMF, GIOPF and NMET, whichever are applicable under the MMDR Act, 1957 and Rules made there under by the State Government and any other charges as may be prescribed from time to time by State Government.
Removal of Difficulty.— 1) The Government reserves the right to accept or reject any application.
2) The Government shall not be responsible for any dispute between mining leaseholder/mine operator/applicant, the land owner or any other party, and the applicant shall indemnify the Government to the extent.
-------------25---------- Powers of the State Government.— Notwithstanding anything contained in the foregoing paragraphs of the aforesaid Policy, the State Government, by issuance of notification in the Official Gazette, may amend or withdraw any of the provisions mentioned here in above.
By order and in the name of the Governor of Goa.
Vivek H. P, IAS, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 6th January, 2022.
(Published in the Official Gazette Series I No. 41 dated 06-01-22) ___________ GOVERNMENT OF GOA Department of Mines & Geology Directorate of Mines & Geology –– Notification No. 03/05/2022/Major/Mines/148 In exercise of the powers conferred by sub-section (2) of Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and in partial modification of the Government Notification No. DMG/MMDR/SPJ/30B//2018/7858 dated 25-01-2019, published in the Official Gazette, Series II No. 44 dated 31-01-2019, and with the concurrence of the High Court of Bombay, conveyed vide letter No. A. 1239/2021/1436 dated 23rd July, 2021, the Government of Goa hereby appoints Shri Vincent M. D’Silva, District Judge-I and Additional Sessions Judge, South-Goa, Margao, as the Judge of the Special Court constituted under sub-section (1) of Section 30B of said Act vide said Notification dated 25-01-2019.
This notification shall come into force on the date of its publication in Official Gazette.
By Order and in the name of the Governor of Goa.
Vivek H. P. (IAS), Director (Mines & Geloogy).
Panaji, 22nd April, 2022.
(Published in the Official Gazette Series II No. 4 dated 28-04-2022) -------------26---------- GOVERNMENT OF GOA Department of Mines & Geology Directorate of Mines & Geology –– – Order No. 04/83/2018/MINOR/MINES/1434 Whereas, Hon’ble High Court of Bombay at Goa in WP No. 312/2022 has taken serious cognizance of illegal and unauthorized excavation and quarrying operations in the State of Goa.
Whereas, vide order dated 17-8-2022 directions have been issued the Hon’ble High Court in the said matter to the undersigned to inquire into the matter.
And whereas, it is revealed that presently various departments and authorities who are empowered to look into such illegalities are acting independently and there is no co-ordination amongst them, which has led to delays in acting on complaints received.
And whereas, in case of sand mining, taluka level flying squads set up under Mamlatdars/Jt.
Mamlatdars of respective taluka vide Order No. 04/8/3/2018/Minor/Mines/6412 dated 11-09-2018 has been found to be effective in monitoring and controlling of illegal activities in sand mining.
And whereas, in order to set up an effective enforcement mechanism for controlling illegal and unauthorized excavation and quarrying taluka-wise flying squads are hereby constituted under Mamlatdar of respective taluka consisting of the following officials:- Sr.
No.
Designation 1 2
1. Mamlatdar & Executive Magistrate of respective taluka.
2. Police Inspector of concerned Police Station or any Police Officer authorized by him not below the rank of Asst. Sub-Inspector.
3. 2 Police Constables.
4. Official as authorized by the Directorate of Mines and Geology.
5. Assistant Engineer or any such Officer as authorized by the Chief Engineer of the Public Works Department.
6. Asst. Motor Vehicle Inspector or any such Officer as authorized by the Transport Department.
7. DSLR survey staff attached to the office of the Mamlatdar.
And whereas, the standard operating procedure to be followed by the flying squad is as follows.
1. Complaints received by any Department/ /Offices pertaining to illegal quarrying shall be referred to the respective flying squad.
2. The flying squads shall inspect and initiate action within 48 hours of receipt of the same/intimation thereof. FIR shall be filed against the person/s found carrying illegal extraction/transportation and the respective landowners. Action taken report shall be forwarded to the Collector and District Magistrate with copy to Director of Mines.
3. The machinery, equipment and vehicles used in extraction and transportation shall be seized and kept in the custody of Police Department.
4. The PWD shall make necessary arrangement to carry the seized machinery, vehicles and other equipment to the respective police station.
5. The District level 24X7 helpline set up for sand extraction complaints shall also be extended -------------27---------- for receiving complaints of illegal quarrying. Proper records of complaints received by the help lines shall be maintained by the Collectors of the respective districts and the complaints shall be immediately communicated to the flying squad.
6. The Department of Mines and Geology shall compile action taken reports on a monthly basis and forward the same to Secretary Mines.
All the above directions shall be strictly followed and enforced upon.
By order and in the name of the Governor of Goa.
Puneet Kumar Goel, Chief Secretary.
Panaji, 29th August, 2022.
(Published in the Official Gazette Series II No. 23 dated 08-09-2022) GOVERNMENT OF GOA Department of Mines Directorate of Mines & Geology ––– Notification 03/68/2021/Major/Mines In exercise of the powers conferred by sub-section (1) and (1A) of section 15 and section 15A of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa Minor Mineral Concession Rules, 1985, specifying, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa Minor Mineral Concession (Amendment) Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Insertion of new rule 22A.— After rule 22 of the Goa Minor Mineral Concession Rules, 1985, the following rule shall be inserted, namely:- “22A. Amount of contribution to be made to the District Mineral Foundation.— Every holder of quarrying lease or quarrying permit or sand permit shall pay to the District Mineral Foundation of the district in which the mining operations are carried on by him, an amount equivalent to five percent of royalty as payable under clause (i) of sub-rule (1) of rule 22.”.
By order and in the name of the Governor of Goa.
Dr. S. Shanbhogue, Director & ex officio Joint Secretary (Mines & Geology).
Panaji, 14th October, 2022.
(Published in the Official Gazette Series I No. 29 dated 20-10-2022) -------------28---------- GOVERNMENT OF GOA Department of Mines & Geology Directorate of Mines & Geology Notification 34/10/2012-Mines (Part)/2370 In exercise of the powers conferred by section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa Minor Mineral Concession Rules, 1985, namely:—
1. Short title and commencement. — (1) These rules may be called the Goa Minor Mineral Concession (Amendment) Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Amendment of rule 2. — In rule 2 of the Goa Minor Mineral Concession Rules, 1985 (hereinafter referred to as the “principal Rules”), after clause (k), the following clause shall be inserted, namely:— “(ka) “traditional sand extractor” means a person who belongs to a local community in the State of Goa, whose livelihood is dependent solely on extraction of sand by manual means and who had been granted permission under sub-rule (1) of rule 7 for extraction of ordinary sand in the State of Goa at any point of time during the period 21-02-1974 to 31-12-2010 and includes a legal heir of such person;”.
3. Insertion of new rules 68A, 68B and 68C.— In the principal Rules, after rule 68, the following rules shall be inserted, namely:— “68A. Application for grant of permission for sand extraction by manual means.— (1) Any person who is born and whose birth is registered, in the State of Goa, and whose either of parents or grandparents’ is born in the State of Goa and who is residing in the State of Goa at least for a period of fifteen years may make an application for grant of permission in terms of sub-rule (3) hereof for sand extraction by manual means to the Competent Officer in Form H1 hereto.
(2) Every application under sub-rule (1) shall be accompanied with the following documents, namely:—
(i) receipted challan of an amount of Rs. 500/- (rupees five hundred only) paid in the Government treasury towards the fee for processing of application (which shall be non-refundable);
(ii) 15 years Residence Certificate of the applicant issued by concerned Mamlatdar;
(iii) copy of Certificate of Registration of canoe proposed to be used for extraction of sand, issued by Captain of Ports with make and dimensions of canoe;
(iv) NOC/Permission of the land owner in whose land the extracted sand will be unloaded and stacked before it is sold and/or transported;
(v) Form I and XIV and survey plan of the land on which the extracted sand will be unloaded and/or stacked before it is sold and/or transported;
-------------29----------
(vi) Affidavit duly sworn by the Applicant before the Executive Magistrate or a Notary on nonjudicial stamp paper of appropriate denomination stating that whether the applicant is a traditional sand extractor, he belongs to the local community in the State of Goa and his livelihood is dependent solely on extraction of sand by manual means;
(vii) copy of order issued under sub-rule (1) of rule 7 granting to him or his parent permission for extraction of ordinary sand in the State of Goa at any point of time during the period 21-02-1974 to 31- 12-2010.
(viii) copy of Pan Card;
(ix) copy of election photo identity card;
(x) copy of Aadhaar Card.
(3) Applications received under sub-rule (1) shall be scrutinized by the Competent Officer and permissions for sand extraction by manual means shall be granted in the ratio of 70:30 between the applicants who are traditional sand extractors and the remaining applicants who are not traditional sand extractors. If the number of such applications received are more than the number of permissions for sand extraction which can be granted, then such permissions shall be granted in the same ratio on the basis of draw of lots.
68B. Grant for permission for sand extraction.— On receipt of an application under sub-rule
(1) of rule 68 A, the Competent Officer may, after making scrutiny of applications in terms of sub-rule (3) of rule 68 A and such enquiries as he deems fit, grant a permission in terms of said sub-rule (3) of rule 68A for sand extraction by manual means to the applicant in an area within the limits of the zones so permitted by the State Environment Impact Assessment Authority or refuse to grant such permission.
68C. Conditions of sand extraction.— The permission for sand extraction granted under rule 68B shall be subject to the following conditions, namely:—
(a) The extraction of sand shall not be carried out by the licensee or any person on his behalf by using any mechanical device. If a licensee or any person on his behalf is found using mechanical device for carrying out extraction of sand, the Competent Officer/Inspecting Officer or any person authorized by him in this behalf shall seize all tools, equipment and machinery and the Competent Officer after affording a reasonable opportunity of hearing to the licencee, cancel permission for sand extraction granted and no application for grant of permission for sand extraction of such person shall be entertained in future.
(b) No licensee shall extract sand beyond 1000m3 in a year from the zones demarcated by the Government. The site of such zone shall be inspected by the designated officers of the National Institute of Oceanography (NIO) through Department of Environment annually to study and verify the extent of sand extracted by the licensee. If the NIO reports that the licensee has extracted sand beyond 1000m3, then the permission granted to such licensee shall be cancelled with immediate effect and he shall be debarred for a period of three years from submitting application for grant of such permission.
(c) The Competent Officer may without giving prior notice at any time by a written order direct the stoppage of extraction of ordinary sand and the licensee shall not have any right for compensation against such stoppage.
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(d) The licensee shall undertake adequate safety measures during sand extraction by providing required safety gadgets and health-care facilities to the workers engaged by him for sand extraction.
(e) The licensee shall ensure that the activity of sand extraction is carried out only between 6.00 a.m. to 6.00 p.m.
(f) The Government reserves the right to restrict the sand extraction activities especially during the monsoon season uniformly which may be from 1st June to 30th September of every year or during such hours or the day as may be decided by the Government. The Government may reserve its right to restrict any other day or days within the State, District or within a cluster of any river as it may deem fit and the licensee shall not raise any grievance against such restrictions.
(g) All sand extracted by the licensee shall be stacked or stored close to the bank of river on land belonging to the Government or private land for the purpose of ascertainment of the quantity extracted and for the purpose of levy of royalty.
(h) No sand extracted, stacked or stored shall be transported or traded unless royalty on the same is paid to the Government and transport permit is issued. For this purpose, hand held devices could be put to use for generation of trip sheet at site by the licensee on real time basis”.
(4) Insertion of new Form H1:— In the Principal Rules, after Form H, the following Form shall be inserted, namely:— FORM H1 Application for Grant of Permission for Sand Extraction by Manual Means [(See rule 68A (1)] From:- Contact No.:
To, The Director, Directorate of Mines & Geology, Institute Menezes Braganza, Panaji-Goa.
Sir,
1. I/We submit an application with checklist of required documents, for grant of permission for sand extraction for a term of one year in zone of River.
2. The Processing Fee of Rs. 500/- has been paid in the Government treasury at (place) and the receipted challan is enclosed.
3. The required particulars are given below:
(i) Name of the applicant:
(ii) Nationality of the applicant:
Affix Photo -------------31----------
(iii) Profession of the applicant:
(iv) Address of the applicant:
(v) Details of the plan of the zone applied for to be enclosed.
(a) Has the applicant any previous experiences in sand extraction, Yes/No If yes details thereof:
(vi) Financial resources of the applicant:
(vii) Total investment in the operations anticipated:
(viii) Particulars of the receipted treasury challan for the fees:
(ix) Any other particulars which the applicant wishes to furnish:
Address of the Office:
(x) Canoe Registration Details:
(a) Canoe No. 1:
(b) Canoe No. 2:
Yours faithfully Signature of the applicant” Place:
Date:
By order and in the name of the Governor of Goa.
Dr. Suresh Shanbhogue, Director & ex officio Joint Secretary.
Panaji, 1st December, 2022.
(Published in the Official Gazette Series I No. 35 (Extraordinary) dated 02-12-2022) -------------32---------- GOVERNMENT OF GOA Department of Mines Directorate of Mines & Geology –––– Notification 04/44/2021/Minor/Mines/2919 In exercise of the powers conferred by sub-rule (2) of rule 82 of the Goa Minor Mineral Concession Rules, 1985 and in supersession of the Government Notification No. 34/10/2012-Mines/1784 dated 16-09-2013, published in the Official Gazette, Series 26 No. 34/10/2012-Mines/1748 dated 26-09-2013, the Government of Goa hereby specifies the amount in the Table below which shall be collected from the lessees for the purpose of reclamation and rehabilitation of the mined out areas on the basis of quantum of extraction of minor mineral as permitted under the Environmental Clearance granted by State Environment Impact Assessment Authority (SEIAA).
TABLE Sr. No. Quantum of extraction of minor mineral Amount
(i) up to 2500 m3/annum Rs. 25000/-
(ii) above 2500 m3 up to 5000 m3/annum Rs. 50000/-
(iii) above 5000 m3 up to 10000 m3/annum Rs. 1,00,000/-
(iv) above 10000 m3 up to 20,000 m3/annum Rs. 2,00,000/-
(iv) above 20000 m3/annum Rs. 4,00,000/- The amount specified in the above Table shall be applicable for the entire period of lease and it shall be collected at the time of execution of deed of lease.
In case it is found that at the end of the quarrying lease period, the lessee has carried out reclamation measures satisfactorily and as per the Final Quarrying Closure Plan, the amount so collected shall be refunded to the lessee.
This Notification shall be deemed to have come into force with effect from 16-09-2013.
By order and in the name of the Governor of Goa.
Dr. S. Shanbhogue, Director & ex officio Joint Secretary.
Panaji, 25th January, 2023.
(Published in the Official Gazette Series I No. 44 dated 02-02-2023) ______________ -------------33---------- GOVERNMENT OF GOA Notification 03/176/2022/Major/Mines/2944 In exercise of the powers conferred by section 23 C of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules, so as to further amend the Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) (Fourth Amendment) Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Amendment of rule 2.— In rule 2 of the Goa (Prevention of Illegal Mining, Storage and Transportation of Minerals) Rules, 2013 (hereinafter referred to as the “principal Rules”), in sub-rule (1),-
(i) in clause (j), for the expression “rule 45 of MCDR, 1988, the expression “rule 45 of the Mineral Conservation and Development Rules, 2017” shall be substituted;
(ii) in clause (zg), after the expression “Mineral Concession Rules, 1960”, the expression “or the Minerals (Other than Atomic and Hydrocarbons Energy Minerals) Concession Rules, 2016” shall be substituted;
(iii) in clause (zi), after the expression “rule 45 of MCDR 1988”, the expression “rule 45 of the Mineral Conservation and Development Rules, 2017” shall be substituted.
3. Amendment of rule 12.— In rule 12 of the principal Rules,-
(i) for sub-rule (1), the following sub-rule shall be substituted, namely:— “(1) No person or company or firm other than an end-user or leaseholder registered under sub-rule (1) of rule 45 of the Mineral Conservation and Development Rules, 2017 shall be allowed to import mineral from any State or Union Territory within India or from outside India for consumption or export.”;
(ii) for sub-rule (3), the following sub- -rule shall be substituted, namely:— “(3) All imports shall be by rail route or road at the cost of importers under the strict supervision of Directorate of Mines and Geology.”;
(iii) in sub-rule (4), after the word “jetty”, the expression “or Mormugao Port Authority (MPA)” shall be inserted;
(iv) for sub-rule (5), the following sub- -rule shall be substituted, namely:— “(5) The lease holders shall be responsible for safe custody and accounting of the mineral till the mineral reaches end-users dockyards or jetty stockyards or Mormugao Port Authority (MPA) and trip sheet is electronically cancelled.”;
(v) after sub-rule (5) the following sub-rule shall be inserted namely:— “(6) There shall be separate import permits issued by the Directorate of Mines and Geology for import of mineral for domestic consumption and for export. The mineral imported for domestic consumption shall not be diverted for export and vice versa. The mineral procured from any State or Union Territory -------------34---------- within India either for domestic consumption or for export shall not be sold/exchanged with any other person/ entity”.
4. Amendment of rule 14.— In rule 14 of the principal Rules,-
(i) for sub-rule (1), the following sub-rule shall be substituted, namely:— “(1) No person other than mining lease holder or end-user registered under sub-rule (1) of rule 45 of the Mineral Conservation and Development Rules, 2017 shall store mineral.”;
(ii) in sub-rule (3), for the expression “Rule 45 of the Mineral Conservation and Development Rules, 1988”, the expression “rule 45 of the Mineral Conservation and Development Rules, 2017” shall be substituted;
(iii) in sub-rule (4), for the expression “Mormugao Port Trust (MPT)” the expression “Mormugao Port Authority (MPA)” shall be substituted.
5. Amendment of rule 17.— In rule 17 of the principal Rules, for sub-rule (1), the following subrule shall be substituted, namely:— “(1) No person other than a leaseholder or end-user registered under sub-rule (1) of rule 45 of the Mineral Conservation and Development Rules, 2017 shall transport mineral by roadways/railways up to jetty stockyard/Mormugao Port Authority (MPA). Exporter of mineral shall however be allowed to transport the mineral by barges from jetty/Mormugao Port Authority (MPA) till the vessel.” By order and in the name of the Governor of Goa.
Dr. S. Shanbhogue, Director & ex officio Joint Secretary (Mines).
Panaji, January, 2023.
(Published in the Official Gazette Series I No. 44 dated 02-02-2023) ______________ -------------35---------- GOVERNMENT OF GOA Department of Mines & Geology Directorate of Mines & Geology –– – Notification No. 03/96/2023/Major/Mines/957 In exercise of the powers conferred by section 15 read with sub-section (2) and (3) of section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and all other powers enabling it in this behalf, the Government of Goa hereby makes the following rules so as to further amend the Goa District Mineral Foundation (Trust) Rules, 2018, namely:—
1. Short title and commencement.— (1) These rules may be called the Goa District Mineral Foundation (Trust) (Fourth Amendment) Rules, 2023.
They shall come into force on the date of their publication in the Official Gazette.
2. Amendment of rule 4.— In the Goa District Mineral Foundation (Trust) Rules, 2018 (hereinafter referred to as the “Principal Rules”) in place of Rule 4 for clause (d) the following clause shall be substituted, namely:—
(d) The Governing Council shall consist of the following members, namely:— Sr.
No.
Name/Designation Designation in the Governing Council
1. Collector/District Magistrate Chairperson/Trustee.
2. Members of Parliament, Lok Sabha of the respective Districts of the State of Goa Members/Trustees.
3. Members of Parliament, Rajya Sabha of the State of Goa (The Rajya Sabha MP shall intimate name of the district selected by him/her to the Secretary in charge of Mining Department of the State who in turn shall inform the concerned District Magistrate/District Collector) Members/Trustees.
4. Members of the Legislative Assembly of Goa from the mining affected areas in the State of Goa.
Members/Trustees.
5. The Deputy Director, Directorate of Mines and Geology Member Secretary/Trustee
6. The Executive/Assistant Engineer, Public Works Department Ex Officio Member/Trustee
7. The Deputy Director, Directorate of Health Services Ex Officio Member/Trustee
8. The Deputy Director, Directorate of Education or any Officer not below the rank of Assistant Director/Deputy Director nominated by the Directorate Ex Officio Member/Trustee
9. The Deputy Director, Directorate of Social Welfare or any Officer not below the rank of Assistant Director/ /Deputy Director nominated by the Directorate Ex Officio Member/Trustee
10. The Deputy Director, Directorate of Women and Child Development or any Officer not below the rank of Assistant Director/Deputy Director nominated by the Directorate Ex Officio Member/Trustee
11. The Deputy Director, Directorate of Agriculture Ex Officio Member/Trustee
12. The Executive/Assistant Engineer, Water Resources Department Ex Officio Member/Trustee -------------36----------
13. The Executive/Assistant Engineer, Department of Electricity Ex Officio Member/Trustee
14. The Representative of Finance Department (Budget), not below the rank of Under Secretary Ex Officio Member/Trustee
15. The Director/Deputy Director, Directorate of Panchayats Ex Officio Member/Trustee
16. Representative of the Centre for Environment Education Members/Trustees
17. Two Representatives of the mineral lease holders/ industry representative/Goa Mineral Ore Exporters Association as nominated by the Government Members/Trustees
18. Any other Official/person as nominated by the Government Members/Trustees
19. Member Secretary Goa State Pollution Control Board Ex Officio Member/Trustee
20. Two Representatives of the persons from the areas affected by mining related operations as nominated by the Government Ex Officio Member/Trustee
3. Substitution of rule 14.— In the principal rules, for rule 14, the following rule shall be substituted, namely:— “14. Utilisation of fund by District Mineral foundation Trust:— The entire amount collected under sub-sections (5) and (6) of section 9B of the Act including the interest generated thereon shall be utilized exclusively for carrying out the works activities as specified in rule 13, and such utilization shall be in accordance with the Pradhan Mantri Khanij Kshetra Kalyan Yojana (PMKKKY):
Provided that an amount not exceeding 5% of the total annual receipts of such amount or such upper limit fixed by the Government, may be utilized for administrative, supervisory and overhead costs of the District Mineral Foundation.” Panaji, 16th June, 2023.
By order and in the name of the Governor of Goa.
Dr. S. Shanbhogue, Director & ex officio Joint Secretary.
(Published in the Official Gazette Series I No.12 dated 22-6-2023) ___________ -------------37---------- GOVERNMENT OF GOA Department of Mines Directorate of Mines & Geology ––– Notification No. 03/05/2022/Major/Mines/2024 In exercise of the powers conferred by sub-section (2) of Section 30B of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act 67 of 1957) and in supersession of the Government Notification No. 03/05/2022/Major/Mines/148 dated 22-04-2022, published in the Official Gazette, Series II No. 4 dated 28-04-2022, and in partial modification of the Government Notification No.
DMG/MMDR/SPJ/30B/2018/7858 dated 25-01-2019, published in the Official Gazette, Series II No. 44 dated 31-01-2019, and with the concurrence of the High Court of Bombay, conveyed vide letter No.
A.1239/2023/1105/2023 dated 16th June, 2023, the Government of Goa hereby appoints Ms. Pooja C.
Kavlekar, District Judge-2 and Additional Sessions Judge, South Goa, Margao, as the Judge of the Special Court constituted under sub-section (1) of Section 30B of said Act vide said Notification dated 25-01-2019.
This notification shall come into force on the date of its publication in Official Gazette.
By order and in the name of the Governor of Goa.
Dr. S. Shanbhogue, Director (Mines & Geology)/ ex officio Joint Secretary.
Panaji, 12th September, 2023.
(Published in the Official Gazette Series II No.24 dated 14-09-2023) ____________ GOVERNMENT OF GOA Department of Mines Directorate of Mines & Geology Notification DMG/34/AUCTION CELL/DUMP POLICY/2023/2044 The “Policy for regulating iron ore dump handling in the State of Goa” is hereby published for the general information of the public.
Panaji, 13th September, 2023.
By order and in the name of the Governor of Goa.
Dr. S. Shanbhogue, Director & ex officio Joint Secretary.
-------------38---------- GOVERNMENT OF GOA Department of Mines Directorate of Mines & Geology Notification DMG/34/AUCTION CELL/DUMP POLICY/2023/2045 Policy for Regulating Iron Ore Dump Handling in the State of Goa Preamble.— The Hon’ble Supreme Court, in Writ Petition (Civil) No. 435 of 2012 filed by Goa Foundation versus the Union of India and others (hereinafter referred to as Goa Foundation I), amongst others, declared vide its Judgment and order dated 21-04-2014 as follows:
(i) the deemed mining leases of the lessees in Goa expired on 22-11-1987 and the maximum of 20 years renewal period of the deemed mining leases in Goa expired on 22-11-2007 and consequently mining by the lessees after 22-11-2007 was illegal and hence the impugned order dated 10-09-2012 of Government of Goa and the impugned order dated 14-09-2012 of the MoEF, Government of India are not liable to be quashed
(ii) dumping of minerals outside the leased area of the mining Lessees is not permissible under the MMDR Act and the Rules made thereunder’.
Prior to pronouncement of the said Judgment and Order dated 21-04-2014, the State of Goa had notified the Policy for regulating the mining dumps on Government and private lands, and related issues on 03-09-2013. It was a one-time policy formulated for dealing with the issue of mining dumps and other related issues. The said policy largely concerned itself with the violation of the provisions of the Goa Land Revenue Code by virtue of the occupation of Government land and private lands, by mining dumps stacked by the erstwhile leaseholders in the absence of obtaining permission and/or paying the requisite fees towards the conversion of the land use. The said Policy condoned the use of the land upon payment of conversion fees by the erstwhile lease holders. In addition to the above, the erstwhile lease holders were also permitted to thereafter remove the dumps from Government land. However, subsequent to the notification of the said Policy the Hon’ble Supreme Court in Goa Foundation I, declared dumping of minerals outside the lease area itself as illegal. Therefore, in light of the Judgment and order passed in Goa Foundation I, so far as the Policy for regulating the mining dumps on Government and private lands, and related issues collected the conversion charges, fines and rent from the erstwhile lease holders, the same cannot be faulted with, as upon payment of the said amounts the conversion without valid authorization of the land use whereupon the dumps stand, was condoned; however, as the activity of dumping outside the lease area is declared as without valid authorization by the Hon’ble Supreme Court, the erstwhile leaseholders do not have a right to handle the dump, except in accordance with the policy decision reflected herein. Therefore, the present policy is in continuation and modification of the earlier policy for regulating the mining dumps on Government and private lands, and related issues.
The Hon’ble Supreme Court by its Order dated 11-11-2013 passed in Goa Foundation I constituted an Expert Committee consisting of 6 members to conduct a Macro-EIA study and propose a ceiling of the annual excavation of Iron Ore from the State of Goa, and also sought opinion of the Expert Committee on how to deal with the mining dumps outside the leased area.
Further, the Judgment and Order passed in Goa Foundation I, amongst others directed as follows:
-------------39---------- ‘88.11. The Expert Committee will submit its report within six months from today on how the mining dumps in the State of Goa should be dealt with and will submit its final report within twelve months from today on the cap to be put on the annual excavation of iron ore in Goa’.
As directed vide the Judgment and order passed in Goa Foundation I, the Expert Committee submitted its reports. The issue regarding dumps was covered in the interim report dated 14-10-2014 and the final report dated 12-04-2015 of the Expert Committee.
The Government of Goa, thereafter filed an Interlocutory Application bearing No. 6524/ /2020 before the Hon’ble Supreme Court therein praying for permission to carry out dump mining on the basis of the recommendations of the Expert Committee, which application was allowed vide Order dated 13-12-2022, thereby permitting the Government of Goa to carry out dump mining activities in accordance with the Expert Committee’s Report and specifically paragraph No. 6 that is containing the recommendation of the Expert Committee.
The Expert Committee in its report dated 12-04-2015 has recorded as follows:
‘However, in the State of Goa, the segregation of various categories of mined materials is not very clear. In earlier days and as late as 2005, only saleable material was segregated and the rest was put in dumps. Slowly and steadily miners in Goa adopted segregation methods that conform to the above categorization of mined products in Goa. However, there are several mines which are continuing with the old practice. As a result, the dumps in Goa that are considered to be waste may contain Fe vales of unknown range and also other associated and industrial minerals.’ ‘Dumps or stacks of ore (raw or processed) that are marketable presently are not dealt with in this report’ ‘There has been no observation and/or order in the judgement of this Court dated 21st April, 2014, on ownership and/or expropriation of dumps within or outside the mining lease. Therefore, the levy of fees and the handling of the dumps is a State matter and needs to be governed by the State, in accordance with the Goa (Prevention of Illegal Mining, Storage, Transportation of Minerals) Rules, 2013 and GMP 2013, other relevant Acts and Rules.’ ‘Upon considering the amendment brought about to the Land Revenue Code, the Committee suggested that the appropriation/ ownership of the dumps outside the lease area is in the domain of the Government of Goa. However, by bringing an amendment in the LRC, and its being as per a Mining Plan (approved by IBM), handling of the dumps located outside the lease area becomes the prerogative of the lessees. In view of this, the Committee suggested that the Government of Goa may formulate a sound dump handling policy, in line with the above judgments/acts/ rules, and after taking into consideration the aspects of environment, ecology, economy of the area and conservation of minerals.’ Further, the Expert Committee has classified valuable mineral fraction as:
a) Ores (Marketable), b) Sub-grade Ore (above threshold value) and c) Low-grade Ore (below threshold value).
In light of the decision of the Hon’ble Supreme Court dated 13-12-2022 passed in I. A. No.
-------------40---------- 6524/2020, the report of the Expert Committee, the Judgment and order dated 21-04-2014 passed in Goa Foundation I, and the Goa Mineral Policy 2013 the Government of Goa is hereby pleased to frame the present policy for regulating dump handling in the State of Goa.
The dumps which were created by the mining companies in the land/areas which are not shown in the mining plan were not even permitted by the State Government or any other Authority. Therefore, the Government of Goa has deemed it fit to treat dumps situated outside the lease area but depicted on the mining plan and the dumps situated outside the lease area but not depicted on the mining plan differently.
The mining plans which depicted the dumps outside the lease area were duly approved by the Indian Bureau of Mines at the relevant point of time. The Mining plan as per the MC Rules was required to include the handling of waste, mineral rejects, a tentative estimate about accretion of mine waste and its manner and mode of disposal and confinement.
1. Scope of the Policy.—
1.1. As per the declarations provided by the Concessionaires/ erstwhile Lessees, the total stock of dumps in Goa exceeds 700 Million Metric Tons as on date. However, some of these dumps were already worked since then.
1.2. Dump constitutes the excavated material accumulated in the form of heap or pile on the surface of the land or stocked on the demineralized area temporarily or permanently during mining, and the material stocked or piled can be re-handled as and when required not only for recovery of Fe mineral and associated minerals but also to fulfil the norms of mine closure plan as specified by the regulatory bodies.
Therefore, dumps include not only the piles of stocks of exploitable Fe mineral, but it also includes wastes and tailings.
1.3. A Dump site would mean and include earmarked areas either within the mining lease or outside the lease area utilized for storing ore, overburden lumps or fines, rejects, sub-grade material, tailings or earth/ soil generated during mining operation or extraction of ROM.
1.4. The present policy shall cover all dumps including tailing dumps, existing as on date, inventoried and not inventorized created from mining activities and which fall within and outside the lease areas, irrespective of whether they form a part of the inventory of dumps maintained by the Department of Mines and Geology or not. However, the present Policy shall not apply to those dumps which are located within the lease areas of leases which have been successfully auctioned under sub-section (4) of section 8A of the MMDR Act. This is necessitated as it is not practical to have two operators separately for dump mining and actual mining within the lease area. Therefore, it is proposed that the successful bidder in the auction process is allowed to handle dumps along with other mining activity, subject to having obtained all the necessary approvals and upon the execution of the lease deed between the Directorate of Mines and Geology and the proposed lessee.
2. Dumps situated outside the lease area on private property.—
2.1. All dumps which have not been approved or shown in the mining plan sanctioned by the IBM shall be deemed to be completely illegal and neither the lease holder nor any other person shall have any right to the same. Such dumps shall be compulsorily auctioned by the Government.
2.2. With respect to the inventoried dumps situated on private properties falling outside the lease area, but depicted on the mining plan, only if the Conversion fees in terms of the Policy for regulating the mining dumps on Government and private lands, and related issues and the fine contemplated under sub- -------------41---------- section 1A of section 33 of the Goa Land Revenue Code, have been paid; the erstwhile lease holder shall be permitted to remove the dump within a period of five years from the date of publication of the present policy or such further period as may be notified, subject to payment of royalty and compliance of all statutory requirements.
2.3. The erstwhile lease holders who fall under category 2.2. above shall not handle such dumps without the prior permission from the Director of Mines and Geology. The erstwhile lease holder shall prepare a proper plan of handling such dump including the manner in which the same shall be processed and transported. The Directorate of Mines and Geology shall verify upon inspection and the following details shall be identified; details of Mining Lease associated with the site or the person, company, body incorporated, agency, association of person associated with the site, details about ownership of the site, the right under which the said site was used for dumping, permission for temporary use on rent, details of date since the site is or was being used for the purpose of dumping or stocking, the person, company, agency or any other body that is responsible for the site and authorization for the same.
2.4. Samples shall also be collected from three random points of the dump in order to ascertain the Fe content of the material forming the dump.
2.5. With respect to the all dumps (inventoried or not) situated on private property outside the lease area and whether depicted on the mining plan or not, and wherein the conversion fees with respect to the said land in terms of the Policy for regulating the mining dumps on Government and private lands, and related issues and the fine contemplated under sub-section 1A of section 33 of the Goa Land Revenue Code have not been paid by the erstwhile lease holder, all such dumps shall be auctioned by the Government of Goa.
2.6. With respect to the dumps situated outside the lease area but not depicted on the mining plan, the dump shall be auctioned by the Government of Goa.
3. Dumps situated outside the lease area on Government property.— The dumps situated outside the lease area, on Government property shall be auctioned irrespective of whether the same is depicted on the mining plan and payment of Conversion fees in terms of the Policy for regulating the mining dumps on Government and private lands, and relate