Context
- Recently, under the Government’s “Zero Coal Leakage Plan,” the Central Industrial Security Force (CISF) recovered over 428 metric tonnes of illegally mined coal during a five-day operation across Jharkhand and West Bengal, leading to four FIRs under the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).
The “Zero Coal Leakage” Initiative
- Objective: To eliminate the illegal mining, transit loss, theft, and unauthorized diversion of coal resources through coordinated, time-bound enforcement.
- Nodal Agencies: Jointly driven by the Ministry of Coal, local police, state district administrations, and Central Public Sector Undertakings (CPSUs) under Coal India Limited (CIL) (such as BCCL, ECL, and CCL).
- Technological Intervention: The plan leverages modern tools including drone surveillance, GPS-enabled transit-route monitoring, real-time e-way bill verification, and Integrated Command and Control Centres to track coal supply chains seamlessly.
Legal and Statutory Framework: MMDR Act, 1957
The legal actions against illegal mining are processed under the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act).
- Empowerment of Central Forces: Under designated sections of the MMDR Act (Sections 22, 23B, and 24), authorized officers of the CISF and coal companies possess the statutory power to search, seize illegally transported minerals/vehicles, and initiate prosecution.
- Constitutional Domain (Center vs. State):
- Under the Seventh Schedule of the Indian Constitution, the regulation of mines and mineral development falls under both the Union List (Entry 54) and the State List (Entry 23).
- The regulation of major minerals (like Coal, Lignite, Iron Ore) is controlled directly by the Central Government under the MMDR Act.
- Minor minerals (like sand, gravel, clay) fall completely under the administrative and regulatory purview of respective State Governments.
- Cognizable Offenses: Amendments to the MMDR Act make illegal mining, trespassing, and unauthorized storage cognizable offenses. State governments are also permitted to establish Special Courts for speedy trials related to illegal mining.
Distribution of Key Coalfields
- Bharat Coking Coal Limited (BCCL): Chiefly operates around the Dhanbad region in Jharkhand (the “Coal Capital of India”).
- Eastern Coalfields Limited (ECL): Spans parts of West Bengal (Raniganj coalfields) and Jharkhand (Rajmahal).
- Central Coalfields Limited (CCL): Concentrated primarily in the Ranchi, Bokaro, and Karanpura coalfields of Jharkhand.
Consider the following statements regarding mineral governance in India:
1. The Central Industrial Security Force (CISF) has statutory powers of search and seizure under the MMDR Act, 1957.
2. State Governments have the exclusive power to frame rules for preventing illegal mining of minor minerals.
Which of the statements given above is/are correct?
Answer: Both 1 and 2.
• Statement 1 is correct: In line with the government's "zero coal leakage" initiative, the CISF is enforcing provisions against illegal coal mining, theft, and unauthorized transportation under the Mines and Minerals (Development and Regulation) Act, 1957. As part of these operations, the CISF has successfully performed search and seizure activities, including the recovery of illegally transported coal, the seizure of vehicles (like Hyva trucks and motorcycles), and the registration of First Information Reports (FIR).
• Statement 2 is correct: This is a fundamental principle of India's mineral governance based on the constitutional division of power. While the Union Government regulates major minerals (like coal) under the MMDR Act, 1957, Section 15 of the same Act explicitly empowers State Governments to make rules for the regulation of "minor minerals" (such as sand, gravel, and clay), including the prevention of illegal mining and illegal transport of these substances.