Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Bihar - Section

Section 15 in Bihar District Mineral Foundations Rules, 2018

15. Identification of Affected Areas and People.

(1)Affected Areas :
(a)Directly affected areas are where direct mining- related operations such as excavation, mining, blasting, beneficiation and waste disposal, overburdened dumps, tailing ponds, transport corridors etc. are located and shall include:
(i)Villages and gram panchayats within which the mines are situated and are operational. Such mining areas may extend to neighboring village, block or district on even state.
(ii)An area within such radius from a mine or cluster of mines as may be specified by the State Government, irrespective of whether this false within the district concerned or adjacent district.
(iii)Villages in which families displaced by mines have been resettled or rehabilitated by the project authorities.
(iv)Villages that significantly depend on the mining areas for meeting their economic needs and have traditional rights over the project areas, for instance, for grazing, collection of minor forest produce etc.
(b)Indirectly affected areas are those areas where local population is adversely affected on account of economic, social and environmental consequence due to mining-related operations. The major negative impacts of mining could be by way of deterioration of water, soil and air quality, reduction in stream flows and depletion of ground water, congestion and pollution due to mining operation, transportation of minerals, increased burden on existing infrastructure and resources.
(2)Affected people - (a) The following shall be considered as directly affected persons:
(i)'Affected family1 as defined under Section 3(c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(ii)"Displaced Family" as defined under Section 3(k) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(iii)Any other as appropriately identified by the concerned Gram Sabha.
(b)Persons affected by mining shall include people who have legal and occupational rights over the land mined, and also those with usufruct and traditional rights.
(c)Affected families shall be identified, as far as possible, in consultation with local/elected representatives of Gram Sabha or the Urban Local Body as the case may be.
(3)The District Mineral Foundation shall prepare and maintain an updated list of such affected areas and people.