PANJIM: The Directorate of Mines and Geology on Friday issued show-cause notices to 53 mining lease holders asking them to explain as to how they transferred and amalgamated two or more adjoining leases without State government’s consent, thus violating the Mineral Concession (MC) Rules 1960.
DMG noticed that there are several mines run or operated by the persons other then the lessees. The directions come following Supreme Court directions, which in its judgment passed on April 21, had directed the State to initiate action against all those mining lease holders who have violated Rule 37 and 38 of MCR.
Justice M B Shah Commission and Central Empowered Committee (CEC) report on illegal mining, tabled before the Apex Court had exposed 16 mining lease holders for violation of Rule 37 of MCR and 40 lease holders for violation of Rule 38 of MCR.
As per Rule 37 of the MCR, the lessee shall not, without the previous consent in writing of the State Government assign, sublet, mortgage, or in any other manner, transfer the mining lease, or any right, title or interest therein. Similar, Rule 38 says that the government, may in the interest of mineral development, in writing, permit amalgamation of two or more adjoining leases held by a lessee, provided that the period of amalgamated leases shall be co-terminus with the lease whose period will expire first.
“DMG has issued show cause notices to a total of 53 mining lease holders, asking them to reply as why action should not be initiated against them for operating the lease in violation of Rule 37 and Rule 38 of MCR,” a senior official confirmed, adding that the decision was taken after verifying that the leases were been operated (prior to suspension in September 2012) by the person other then the lessees.
A mines department officer said that as per Rule, the State government may determine the mining lease, if it is found in violation of MC Rules.
Both Justice Shah and Central Empowered Committee, in its report, had noted that there are several complaints received by the State Government that the leases have been operated by the persons other than the lessees.
The Supreme Court had slammed the State government for failing to take any stand in the matter. Government in its submission had said that working of the mining leases by a person other than the lease holder is a prevailing mining practice in Goa and that these facts are known to the government.
