Illegal mining: process to recover Rs 137 crore losses hits a wall

DHNS
June 29, 2017

Bengaluru, Jun 29: The state government has failed to recover losses caused to the exchequer due to illegal mining in the state.mining

Department of Mines and Geology (DMG) had issued notices to 105 miners and individuals for recovery of Rs 134 crore in March 2017, by giving one month's time. However, even after three months, not a single recovery case has been successful.

The step to recover losses was taken by the DMG based on the investigation reports of Special Investigation Team (SIT). In September 2012, the government had set up the SIT to probe cases of illegal mining and export of less than 50,000 MT of iron ore. Based on the charge sheets filed by the SIT, which has details of quantity of iron ore illegally mined and exported, the DMG issued recovery notices. The notices were issued to various mining companies and individuals under Section 21 (5) of the MMDR Act .

Sources said that this was the first step taken by the government to recover the loss. The notice mentioned the CEC report, subsequent Supreme Court directions and SIT charge sheets and stated: “You are hereby asked to show cause as to why you should not be called upon to pay above said value of the material, along with the other persons involved in above illegality, on or before 05-04-2017, failing which action will be initiated to recover the amount under Section 25 of MMDR Act. This is only a recovery proceedings and will not stop the criminal proceedings which have been initiated by the respective investigating agencies. (sic)'”

A senior official said that such notices were issued to sitting MLAs B Nagendra (Kudligi) and Anand Singh (Vijayanagar), who own mining leases in Ballari district and have been chargesheeted by the SIT and, also to illegal transporters of iron ore in Ballari such as ‘Kharapudi’ Mahesh and ‘Swastik’ Nagaraj and others.

Sources said that while recovery process has hit a wall, the state government renewed licences of certain miners whose names also figure in the list of 105 who have been slapped with notices. Miners say that the move by the state government amounts to levying penalty from two sources simultaneously.

“Notices issued by the department (Mines and Geology) is both against ‘B’ and ‘C’ category mines. The Supreme Court has already ordered recovery of penalty from ‘C’ category mines and the contribution has gone towards R&R (reclamation and rehabilitation). Same is the case with the ‘B’ category mines. Issuing notices to very companies, seeking penalty, amounts to double jeopardy,” said Basant Poddar, Member of Federation of Indian Mineral Industries.

‘Rs 16K crore loss to state’

The Lokayukta report had stated that 2.98 crore tonnes of illicit iron ore was mined and exported during 2006-2010. The report had named 787 officials and 100 companies as responsible for illegal mining. The report said the loss to the state exchequer during the said period was Rs 16,085 crore.

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News Network
April 18,2020

Mangaluru, Apr 18: Mangaluru Police have registered a case against two foreign nationals, who were under home quarantine in Kodailbail, for allegedly spitting in the lift of their apartment building on Friday.

The two men, along with three of their roommates, have now been sent to a quarantine facility.

The residents of the residential complex have mentioned in their complaint that they have the CCTV footage of the two spitting in the lift.
Further investigation in the case is underway.

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News Network
January 30,2020

Bengaluru, Jan 30: Karnataka Chief Minister B S Yediyurappa, who reached the national capital on Thursday, said he will discuss the much-awaited Ministry expansion with the BJP high command.

"It's been long that I visited Delhi. I will meet the party national president J P Nadda and Home Minister Amit Shah and take their suggestions on the cabinet expansion," Yediyurappa told reporters.

The chief minister said he will also call on Finance Minister Nirmala Sitharaman and Petroleum Minister Dharmendra Pradhan and discuss about development issues related to Karnataka.

Yediyurappa has been anxiously waiting for the high command's nod to expand his ministry amid intense lobbying by the aspirants.

Opposition parties have been critical of the BJP and Yediyurappa over the delay in cabinet expansion, alleging that he was weak and that the administration had collapsed.

As the chief minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on in the party for the remaining ministerial berths.

Currently, there are 18 Ministers, including the chief minister in the cabinet that has a sanctioned strength of 34. Sixteen berths are vacant.

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News Network
May 9,2020

New Delhi, May 9: The Finance Ministry on Friday announced relief to those who have been facing difficulty with their residency status in India under section 6 of the Income-tax Act due to lockdown and suspension of international flights owing to COIVD-19 outbreak, as they have had to prolong their stay in India.

According to a Central Board of Direct Taxes (CBDT) release, Finance Minister Nirmala Sitharaman today allowed discounting of prolonged stay period in India for the purpose of determining residency status after considering various representations received from people who had to prolong their stay in India due to lockdown and suspension of international flights.

They expressed concern that they will be required to file tax returns as Indian residents and not as NRIs after 120 days of stay.

The Finance Ministry stated that the lockdown continues during the financial year 2020-21 and it is not yet clear when international flight operations would resume, a circular excluding the period of stay of these individuals up to the date of resumption of international flight operations shall be issued for determination of the residential status for the financial year 2020-21.

A circular also said that in order to avoid genuine hardship in such cases, the CBDT has decided that for the purposes of determining the residential status under section 6 of the Act during the previous year 2019-20 in respect of an individual who has come to India on a visit before March 22, 2020 and:

(a) has been unable to leave India on or before March 31, 2020, his period of stay in India from March 22, 2020 to March 31, 2020 shall not be taken into account; or

(b) has been quarantined in India on account of novel coronavirus (Covid-19) on or after March 1, 2020 and has departed on an evacuation flight on or before March 31, 2020 or has been unable to leave India on or before March 31, 2020, his period of stay from the beginning of his quarantine to his date of departure or March 31, 2020, as the case may be, shall not be taken into account; or

(c) has departed on an evacuation flight on or before March 31, 2020, his period of stay in India from March 22, 2020 to his date of departure shall not be taken into account."

The release said there are number of individuals who had come on a visit to India during the previous year 2019-20 for a particular duration and intended to leave India before the end of the previous year for maintaining their status as non-resident or not ordinary resident in India.

"However, due to declaration of the lockdown and suspension of international flights owing to outbreak of COVID-19, they are required to prolong their stay in India. The status of an individual whether he is resident in India or a non-resident or not ordinarily resident, is dependent, inter-alia, on the period for which the person is in India during a year," it said.

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