GOVERNMENT OF TAMIL NADU

ABSTRACT

Mines and Quarries - Minor Minerals - Tamil Nadu Minor Mineral Concession Rules, 1959 - Introduction of Rule - 38 A  Amendment to Tamil Nadu Minor Mineral Concession Rules, 1959 - Notification - Issued.

INDUSTRIES (MMC1) DEPARTMENT

G.O.Ms.No. 95
DATED:1.10.2003

Read:

G.O. 2(D) No.46,Industries Department dated 25.9.2002

ORDER:

Taking cognizance of the indiscriminate quarrying in the river systems of Tamil Nadu in a public interest litigation, the Hon'ble High Court in their order dated  26.7.2002 had directed the State Government to constitute an Expert Committee consisting of  geologist, environmentalist and  scientists to study the river and river beds in the State with reference to the impact of sand quarrying.  Accordingly the Government  in the G.O. read above constituted  a six member High Level Committee.  The Committee after extensive touring of the State has submitted its report to the Government.  A copy of the report has been furnished to the  Hon'ble High Court. The High Court had while ordering the Government to constitute the High Level Committee also directed :-

“ The Government on receipt of the report from the Committee shall act in conformity with the Guidelines and take all necessary further steps to arrest the exploitation and to protect and improve the situation and restore status quo-ante.  The Government shall pass suitable regulatory legislation in this regard.  The action on the part of the Government after the receipt should not brook any delay, it should act fast.”

2. The High Level Committee in its report has pointed out that illicit and haphazard sand mining has led to deepening of the river beds, widening of the rivers, damage to civil structures, depletion of groundwater table, degradation of groundwater quality, sea water intrusion in coastal areas, damages to the river systems and reduction in biodiversity.  Moreover sewage and other effluents let into the rivers cause health hazards and environmental degradation.

3. Some of the major observations of the High Level Committee are

(a) In all the areas, mining of river  sand has been done     in a haphazard, irregular   and unscientific manner, causing environmental degradation.

(b) Sand quarrying has  created pools of water stagnation in the river bed, impairing the water flow down stream, which in turn will have grave consequences on agricultural production.

(c) The usage of machinery like poclain for removal of sand has   caused river bed erosion, collapse of banks, damages to infrastructure like bridges and transmission power lines, drinking water systems.

(d) The lessees have generally exceeded the area of grant and quarried  more than the permissible depth.

(e) There is no responsibility of a single department in respect of sand mining. Three departments that are involved are Geology and Mining, Revenue and Public Works Department

4. The  High Level Committee has concluded  that 

1. (a) illicit and haphazard sand mining has led to deepening of the river beds, widening of the rivers, damage to civil structures, depletion of groundwater table, degradation of groundwater quality, sea water intrusion in coastal areas, damages to the river systems and reduction in biodiversity.  Moreover sewage and other effluents let into the rivers cause health hazards and environmental degradation.  Tamil Nadu has several river basins with good potential of sand.  Proper scientific approach of exploitation and utilization are needed to remove this resource.  This will not only ensure good revenue to the Government, but will also be in harmony with nature.
2. (b)  even though several rules on sand mining exist, illegal quarrying of sand is out of control.  Authority for regulating sand mining is vested with different organizations such as, State Geology and Mining Department, Revenue Department and Public Works Department.  Hence implementation and monitoring of rules and regulations regarding sand quarrying are not effective.  This important task of sand mining therefore should be entrusted to a SINGLE AGENCY.

5. The observations and conclusions of the High Level Committee clearly indicate the emergent need for a framework for regulation of mining in the State in Public interest.

6. Hence, detailed discussions were held by a Government at various levels.  After taking cognizance of  the pernicious practice of unsustainable overexploitation of sand in the State it was decided in Public interest  that the quarrying of sand in Government poramboke lands and private patta lands by private agencies will cease to be effective with  immediate effect and sand quarrying henceforth will be undertaken only by the Government.  In order to meet the above requirements, suitable amendment to the Tamil Nadu Minor Mineral Concession Rules, 1959 is necessary.

7. In accordance with the directions of the Hon'ble High Court and the recommendations of the High Level Committee constituted in pursuance of the directions of the Hon'ble High Court, Government has taken these initiatives in public interest to ensure

(a) elimination of indiscriminate and unscientific sand quarrying.

(b) uninterrupted  availability and supply of sand in a regular and orderly manner to the common public.

(c) availability of the sand at affordable prices to common public thereby effecting reduction in the cost of construction.

(d) augmentation of  the revenue of the State Government.

8. The Notification appended to this order will be published in the Tamil Nadu Government Gazette and in the District Gazettes.  The Works Manager, Government Central Press, Chennai-79 is requested to publish the Notification in the Tamil Nadu Government Gazette and supply 75 copies of the Notification to this Department and Commissioner of Geology and Mining, Chennai-32 and to all District Collectors.

9. The Director, Tamil Development and Culture and Religious Endowments (Translation) Department is requested to send the Tamil translation of the Notification appended to this order  to the Works Manager, Government Central Press, Chennai-79 for publishing in the Tamil Nadu Government Gazette and to the Collectors of all Districts for publishing it in the District Gazettes immediately.

(BY ORDER OF THE GOVERNOR)

D. RAJENDRAN,
SECRETARY TO GOVERNMENT (in-charge)

To

The Works Manager, Govt.Central Press, Chennai-79.

The Director, Tamil  Development and Culture and Religious Endowments (Translation) Department, Chennai-9.

The Commissioner of Geology and Mining, Chennai-32.

The Chairman and Managing Director, TAMIN, Chennai-5.

All District Collectors.

All District Forest Officers through the Principal Chief Conservator of Forests, Chennai-6.

The Accountant General, Chennai-18.

Copy to:

The Public (SC) Department, Chennai 9.

The Chief Minister's Secretariat, Chennai 9.

The Law Department, Chennai-9.

The Finance Department, Chennai-9.

All Sections in Mining Wing, Industries Department, Chennai-9.

The Industries (OP.II) Department, Chennai-9.

Sf/Sc.

/FORWARDED/BY ORDER/

SECTION OFFICER.