Need to do more: Centre to Orissa

Trivedi pointed out that the state government “has sufficient powers… to examine the accounts,plans and records maintained by the lessee on minerals obtained and dispatched”,as well as on trenches,pits and drillings.

“The state government has exclusive powers to restrict the issue of transit permits rather than relying solely on the IBM (Indian Bureau of Mines) to identify the cases of overproduction on daily basis,” he wrote,indicating that the ministry felt Orissa had fallen short in exercising those powers.

The letter adds: “An analysis of production and violations in 104 mining leases for bulk minerals in Orissa in the last 10 years was undertaken by IBM… In 71 cases,it found excess ore produced beyond reasonable variation limits…. Instances of excess production are attributed critically to the failure of the state machinery to restrict the movement of mineral from mining leases… Powers lie exclusively with the state to collect royalty and authorize movements.”

Trivedi noted that in case of the mineral “is produced without lawful authority” or if the mineral” has been disposed”,the state has the power to “recover the price,rent,royalty or tax. “Similarly,in case of violations of provisions of the Environmental Protection Act,Forest Conservation Act,and Mines Act,the state should ensure that such violations are immediately brought to the notice of the departments concerned so that necessary action is initiated,” he said. This the state,apparently,hasn’t done.

Justice Shah had said that without the connivance of the mines, and forest and environment officials,and Orissa State Pollution Control Board,the mining scam would not have taken place.