To check illegal mining in Swan river, more staff, changes in law sought

Tribune News Service

Lalit Mohan

Dharamsala, March 1

The Una district administration has sought more staff for the Mining Department, changes in the Mines and Minerals Act of the state to plug loopholes and stringent online monitoring of mining operations to check illegal mining in the Swan river.

‘DSP-level officer must head enforcement wing’

• Staff is inadequate to monitor illegal mining activities.
• DSP-level officer, along with 40 to 50 armed police personnel, required as head of Mining Department enforcement wing.
• Illegal mining offences be made cognizable and non-bailable, states the report submitted to an NGT committee.

The district administration has submitted a report to a monitoring committee set up by the NGT to suggest measures for checking illegal mining in the Swan river. It has stated in the report that the government has granted 60 leases for mining in the Swan. While 28 leases have been granted to stone crusher owners operating in the district, 32 leases have been given for the extraction of minerals to be sold in the open market. Of the 60 leases, 52 are on private land on the Swan riverbed and eight on government land.

The Swan runs for 63 km in Una district and is spread over 1,222 sq km. The distict Mining Department has one Mining Officer, one Inspector, two assistant inspectors and eight guards. Two mining guards have been deputed at the check post in the Bathri area of the district. The staff is inadequate for monitoring illegal mining activities, the report states.

The district administration has pleaded that the Mining Department requires an enforcement wing headed by a DSP-level officer, who can deputed from the Police Department He should have at least 40 to 50 armed police personnel at his disposal to check illegal mining in the Swan.

The report states that the Mining Act mentions that if any vehicle or equipment is found engaged in illegal mining, the officer can issue a challan of minimum Rs 50,000 to the violator. If a vehicle or equipment is seized two times, a challan has to be sent to court. However, no records are being kept on the number of challans issued to a vehicle or equipment, it adds.

The administration has proposed changes in Section 22 of the Mines and Mineral (Development and Regulation) Act 1957, which states that no court shall take cognizance of any offence punishable under the Act except on the complaint made in writing by the person authorised by the Central or state government. Many individuals are coming forward with complaints against illegal mining and amendment should be made to the Act to authorise courts to take cognizance of the complaints. The report also recommends that illegal mining offences should be made cognizable and non-bailable.

The district administration has recommended that an online application should be created for all officers for compounding illegal mining offences so that an alert can be generated for repeated violations.

The administration has pointed out that the present online mechanism for generation of X forms for mining leaves scope for under reporting and the generation of fraudulent X forms. A suggestion has been made that the weight of material should be auto filled with the carrying capacity of the vehicle type chosen to check the misuse of X forms. The total quantity for which the lessee can generate the X form should be limited to the volume of mineral, which he can legally extract manually, the report states.

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