In a bid to resolve long pending issues in the mining sector in the State, Haryana Government has introduced a “one time settlement scheme” pertaining to matters including dues related to obtaining environmental clearance and consent to operate, dues for suspension period, non-execution of agreement, refusal of environmental clearance among other issues.
The scheme was approved by the Haryana Cabinet last week for the resolution of long pending issues in the mining sector, which could be settled amicably under the policy of “Vivado ka samadhan” of the state.
According to the notification, the cut off date for ascertaining disputes for operation of scheme shall be March 31, 2021 and the scheme shall be operational from three months from November 3, 2021 onwards.
The one time relief scheme has been launched to ensure smooth mining without or bare minimum litigation or disputes in the mining sector in Haryana.
Under the OTS scheme, dues for the period where after grant of environmental clearances, the Haryana State Pollution Control Board refused the CTE/CTO (consent to operate) or same was stayed, the dues for such period will be waived off as one time relief.
In case mineral concessions have already expired as on March 31, 2010, if the whole amount of principal amount is paid within 90 days, the full amount of interest on the delayed payment will be waived off. If the dues pending as on March 31, 2021 of the existing mineral concession, (including the one which has expired/cancelled after March 31, 2010) are deposited to the tune of 100 percent of principal amount within 90 days, the 50 percent amount of interest on delayed period as on March 31, 2021 would be waived off, provided further that the remaining 50 percent of due interest is also deposited in next 90 days, the scheme stated.
All mineral concessions holders including those mineral concessions which stand cancelled (who are/were otherwise not covered under amendment dated November 22, 2018 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012) would be given benefit of amendment dated November 28, 2018.
In cases, where environment clearances (EC) and consent to operate could not be obtained within 12 months from date of letter of intent, they will have option to pay non-refundable fees amounting to one percent of annual bid amount for each month for first six months and two percent of annual bid amount for each month for another six months, to get additional time maximum upto 12 months seeking EC. They shall pay interest at the rate of 12 percent per annum on such amount for the period from date of commencement of mineral concession, subject to maximum of 50 percent of total amount of non-refundable fee and the period of mineral concession will not change i.e. the date of commencement of period of lease/contract will remain same, as per the OTS scheme.
Under the scheme, where the concession holders have applied for environmental clearance but the competent authority has refused to grant environmental clearance, the mineral concessions would be treated as cancelled by forfeiture of the amount of initial bid security (10 percent of the bid amount) deposited at the time of auction and cases will be closed with no other penal action.