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State of Telangana - Section

Section 3 in Telangana State District Mineral Foundation (Trust) Rules, 2015

3. Definitions.

- (i) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (as amended in 2015);(ii)"Affected areas" means areas affected by mining or mining related operations as identified by the District Government. These will include directly affected areas and indirectly affected areas, as follows -(iii)Directly affected areas - where direct mining-related operations such as excavation, mining, blasting, beneficiation and waste disposal (overburdened dumps, tailing ponds, transport corridors etc.), etc. are located.(a)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.(b)An area within a radius of 2 Kilometer from a mine or cluster of mines, irrespective of whether this falls within the district concerned or adjacent district.Explanation. - A cluster mining is one where the periphery of one lease area from the periphery of another lease area is less than one kilometer. The total lease area of all mines shall be equal to or more than 50 hectares.(c)Villages in which families displaced by mines have resettled/rehabilitated by the project authorities.(d)Villages that significantly depend on the mining areas for meeting their economic needs and have usufruct and traditional rights over the project areas, for instance, for grazing, collection of minor forest produce etc. should be considered as directly affected areas.(iv)Indirectly affected areas - Those areas where local population is adversely affected on account of economic, social and environmental consequences 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 operations, transportation of minerals, increased burden on existing infrastructure and resources. The DMF shall prepare and maintain an updated list of such directly and indirectly affected areas by mining related operations.(v)Affected people(a)The following should include as directly affected persons:
(1)'Affected family' as defined under Section 3 (c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
(2)'Displaced family' as defined under Section 3 (k) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
(3)Any other as appropriately identified by the concerned gram sabha.
(b)Persons affected by mining should include people who have legal and occupational rights over the land being mined, and also those with usufruct and traditional rights
(c)Affected families should be identified, as far as possible, in consultation with local/elected representatives of gram sabha.
(d)The DMF shall prepare and maintain an updated list of such affected persons/local communities.
(vi)"District Mineral Foundation" means a statutory trust established as a non-profit body by the Government in all districts affected by mining or mining related operations, in accordance with Section 9B of Act;
(vii)"Government" means Government of Telangana State;
(viii)"Gram Panchayat" means an institution of self-government for the rural areas as defined under Article 243(d) and 243B of the Constitution (Seventy-third Amendment) Act, 1992;
(ix)"Gram Sabha" means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level as defined under article 243(b) of the Constitution (Seventy-third Amendment) Act, 1992;
(x)"Rules" means the District Mineral Foundation (Trust) Rules, 2015;
(xi)"Trust" means the District Mineral Foundation, which is a statutory trust as notified by the Government of Telangana State to be governed by its own rules and regulations so notified under these Rules.