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Here is a quick thread on The Mineral Laws (Amendment) Ordinance,2020 that aims to further open up the coal mining sector. Here I focus on the problematic provisions which do two things, one reduce regulatory oversight and two increase discretionary power of the central govt(1/6)
It introduces section 4B in addition to Section 4A which allows the central govt in consultation with the state govt to terminate leases to preserve the natural environment or prevent pollution etc.4B allows for continuation of leases to maintain sustained mineral production. Image
It introduces the concept of deemed approvals in an additional Section 8B where the successful bidder of mineral leases expiring will be allowed to operate the mine for two years with the assumption that the lessee has acquired the needed rights, proposals etc Image
The ordinance favours the use of prospecting-cum- mining lease that combines the prospecting license to an eventual mining lease. It reduces the scope of regulatory oversight by skipping the stage of thinking through of a prospecting license being converted to a mining lease. Image
It increases the options available to all companies involved in coal mining. It not only does away with end use requirements but transfer the end use within its network of companies. Image
The amendment again made through an ordinance reduces scope for parliamentary deliberation on such an important law. In fact, it amends two key pieces of legislation through one ordinance.
Lastly, it's pertinent to note that the process of easy land acquisition permitted under the coal bearing areas act will now extend to private companies. The Act does not incorporate due process requirements or the need for adequate compensation to land oustees.
Do add to this thread as I am sure there is more to unpack with this ordinance @LandConflict @LRI_India @ForestRightsAct @kanchikohli @Kum_Sambhav @nit_set @aruna_sekhar @meeramohanty @biswajitmohanty
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