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Brief Facts as per Information

1. This order shall dispose of the Information filed under Section 19(1)(a) of the Competition Act, 2002, ('Act') by Mr. Kalpit Sultania ('Informant'), alleging contravention of the provisions of Section 4 of the Act by IREL (India) Ltd. ('OP'/ 'IREL').

2. As stated in the Information, OP is a Government of India ('GOI') undertaking under the administrative control of Department of Atomic Energy ('DAE') and is engaged in production and sale of minerals such as Ilmenite, Rutile, Zircon, Monazite, Sillimanite and Garnet as well as various value-added products through four operational units located in the States of Odisha, Kerala and Tamil Nadu. The Information relates to the actions of OP vis-à-vis Beach Sand Sillimanite and does not concern OP's other activities.

DG Investigation Report

11. The DG submitted its Investigation Report on 22.07.2022, in confidential and non-

confidential version, after seeking extensions of time. The findings of the Investigation Report are summarised below.

12. As per the Atomic Energy Act, 1962, Beach Sand Minerals is a suite of seven minerals which includes Monazite (a prescribed substance) besides Zircon, Ilmenite, Rutile, Leucoxene, Garnet & Sillimanite. In the process of extraction, through sequential concentration of Monazite & Zircon, Sillimanite is produced as a by-product. Since all these minerals occur together, in order to conserve the strategic mineral in the beach sand, entire BSM was included in the list of atomic Public Version minerals under Mines and Minerals (Development and Regulation) Act, 1957 ('MMDR'). By virtue of Atomic Minerals Concession Rule, 2016 and notification dated 27.07.2019, mining of Sillimanite by private companies stood completely prohibited. Further, Ministry of Mines, vide its order dated 01.03.2019, terminated all mineral concessions of BSM found in the teri ore beach sand, held by private companies. However, the private enterprises were allowed to procure, process and trade the beach sand minerals except Monazite.