The term Mining Lease clearly means the ML granted by State Govt. for the purpose of mining. At the other hand, the term Leased Area is not a widened one, but specific one within the ML, and not at par with exhaustive definition of Mine under the Mines Act, 1952. As such, No external dump or other area outside the ML comes under definition of leased area. Please note the phrase 'in the mining lease'.
''leased area" means the area specified in the mining lease within which mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of mine as referred to in clause (i);
From: dgms_mail_list@yahoogroups.com [mailto:dgms_mail_list@yahoogroups.com]
Sent: Sunday, September 18, 2016 11:08 PM
To: dgms_mail_list@yahoogroups.com
Subject: Re: DGMS Mailing List: Re: Bill to amend MMDR Act - A solution to problem staring at the mining industry since Supreme Court judgements Karnataka and Goa cases
bohram@shreecementltd.com
On 21-May-2016 1:38 pm, "Vijay Singh arvijaysingh@gmail.com [dgms_mail_list]" <dgms_mail_list@yahoogroups.com> wrote:
Dear Mr. Nagaraj,
This amendment has been done to counter certain aspects of the Judgement of the Hon'ble Supreme Court of India, New Delhi in Goa Foundation Case (WP(C) No. 435/2012) that was delivered on 21st April, 2014 in Goa Mining cases. Out of the many assertions, the Hon'ble court said that dumping outside the ML area cannot be allowed.
Most of the Goan Mines having dumping areas outside the ML area, which was considered & approved by IBM. The aforesaid judgement became an impediment, hence representations were made to Ministry of Mines and the said amendment has been made by the Govt. In this new definition of "leased area" the Govt. has widened its meaning and is made on par with the definition of "Mine" as per the Mines Act, 1952.
While amending, an inadvertent error has crept in and now we have 2 definitions to grapple with. The first definition is this new amendment u/s 3(a) - Leased Area; and the second definition is u/s 3(c) - Mining Lease.
Since land is always owned / belongs to the State Governments, the state Governments grant Mining Leases and not leased areas?
The Govt. to soon take notice and should come up with some clarification on this.
Regards,
VIJAY SINGH A R
BE(MIN), FCC(R), FCA
CHARTERED ACCOUNTANT
BANGALORE
PHONE : +91 97412 25502
On Thu, May 19, 2016 at 5:25 PM, 'Chaithanya Geo Lynx, Hospet' ngeolynx@yahoo.com [dgms_mail_list] <dgms_mail_list@yahoogroups.com> wrote:
Dear All,
Can any one throw some light on the interpretation of the following:
'(a) ''leased area" means the area specified in the mining lease within which
mining operations can be undertaken and includes the non-mineralised area required
and approved for the activities falling under the definition of mine as referred to in
clause (i);
Can it be construed as - a lessee can acquire some more adjacent area, other than granted lease
for use of say, dumping and get it permitted and approved for mining activity?
Thanks in advance.
Nagaraj Kulkarni
From: "minsafety@yahoo.co.in [dgms_mail_list]" <dgms_mail_list@yahoogroups.com>
To: dgms_mail_list@yahoogroups.com
Sent: Thursday, 19 May 2016 12:58 PM
Subject: DGMS Mailing List: Re: Bill to amend MMDR Act - A solution to problem staring at the mining industry since Supreme Court judgements Karnataka and Goa cases [1 Attachment]
The Bill, after being passed by the Parliament and receiving accent of the President, has been notified on 9th May 2016 as MM(DR) Amendment Act, 2016.
Copy of Gazette Notification is attached.
Posted by: CS Soni <cssoni@binanicement.co.in>
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Directorate General of Mines Safety, Ministry of Labour & Employment, Govt. of India
Websites: http://www.dgms.net and http://www.dgmsindia.in and http://www.dgms.gov.in
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