**Executive Summary**
This document is an answer to Unstarred Question No. 107 in Lok Sabha, regarding the prevention of illegal mining to maintain the ecosystem. The Minister of Environment, Forest and Climate Change outlines steps taken by the government and State Governments to curb illegal mining, adhering to relevant legislation, specifically referencing the MMDR Act, 1957. Maharashtra is actively moving ahead with new rules and programmes for ecological conservation, stricter action on illegal mining (especially sand), and community-level awareness with implementation between 2024 and 2026.
**Key Points / Main Content**
* **Legal Framework and Responsibility**
* Illegal mining is defined in Mineral Concession Rules 2016, notified under the MMDR Act, 1957.
* State Governments are empowered to frame rules to prevent illegal mining, transportation, and storage of minerals as per Section 23C of the MMDR Act, 1957.
* The control of illegal mining is primarily the responsibility of the concerned State Government.
* **Government Measures**
* Major mining states have framed rules under section 23C of MMDR Act, 1957 to curb illegal mining.
* States have established Task Forces to control illegal mining and review actions taken.
* The MMDR Act, 1957 was amended in 2015 to include stringent punitive provisions against illegal mining, including imprisonment and fines.
* Special Courts can be set up for speedy trials of offences related to illegal mining.
* The Ministry of Mines launched the Mining Surveillance System (MSS) in October 2016, using space technology to detect illegal mining incidences.
* Guidelines issued on 03.10.2023 encourage major mineral-rich States to use technology to prevent misclassification of iron ore and other minerals.
* MoEFCC mandates prior environmental clearance under the Environment Impact Assessment (EIA) Notification, 2006.
* **Conservation and Restoration Schemes**
* The National Mission for a Green India (GIM) and Nagar Van Yojana (NVY) aim at afforestation and ecosystem restoration.
* The "School Nursery Yojana" engages students in environmental conservation.
* The "Mangrove Initiative for Shoreline Habitats & Tangible Incomes" (MISHTI) focuses on mangrove ecosystem restoration.
* "Ek Ped Maa Ke Naam" campaign involves plantation activities.
* Compensatory Afforestation Fund Management and Planning Authority (CAMPA) funds are used for forest and wildlife conservation efforts.
* **Maharashtra Specifics**
* The MSS is an automated platform used in Maharashtra.
* Maharashtra Mineral (Prevention of illegal Mining, Transportation and Storage Rules) Rules, 2001 are in force since 2001.
* New rules and programs for ecological conservation and action on illegal mining with implementation between 2024 and 2026
* Sand Policy 2025 promotes manufactured sand (M-Sand) to reduce river sand mining
* From 2019-20 to 2023-24, 43,966 cases related to illegal mining for minor minerals were reported, and 5,896 FIRs were lodged.
**Impact Analysis**
**State Governments**
*Impact*
State Governments are responsible for preventing illegal mining, transportation, and storage of minerals.
*Action Required*
States need to frame rules under Section 23C of the MMDR Act, implement guidelines for preventing misclassification of minerals, and verify triggers generated by the Mining Surveillance System (MSS).
**Ministry of Mines**
*Impact*
The Ministry of Mines provides the legal framework, guidelines, and technological solutions for curbing illegal mining.
*Action Required*
Continue to provide support, guidelines, and the MSS system to the State Governments.
**Ministry of Environment, Forest and Climate Change (MoEFCC)**
*Impact*
The MoEFCC is responsible for ensuring environmental safeguards in mining activities.
*Action Required*
Continue to mandate prior environmental clearance and actively implement conservation and restoration schemes.
**Local Communities**
*Impact*
Local communities are impacted by illegal mining activities and are included in new awareness programs.
*Action Required*
Engage in raising awareness and participate in the implementation of ecological conservation programs.
Key Entities Referenced
Mines & Minerals (Development & Regulation) (MMDR) Act, 1957: The principal act governing the regulation of mines and minerals in India. This is central to preventing illegal mining.
Ministry of Environment, Forest and Climate Change: The ministry is responsible for environmental safeguards related to mining and implementing various conservation schemes.
Mining Surveillance System (MSS): A system developed by the Ministry of Mines to detect illegal mining using space technology and surveillance, implemented by state governments.
Maharashtra: The state is specifically mentioned as a focus area regarding the details of illegal mining cases and state-specific regulations.
National Mission for a Green India (GIM): A scheme aiming at afforestation and ecosystem restoration, under the National Action Plan on Climate Change.
OIH
GOVERNMENT OF INDIA
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
LOK SABHA
UNSTARRED QUESTION NO. 107
TO BE ANSWERED ON 01.12.2025
Prevention of Illegal Mining to maintain Ecosystem
107. SHRI SANJAY UTTAMRAO DESHMUKH:
SHRI OMPRAKASH BHUPALSINH ALIAS PAVAN RAJENIMBALKAR:
Will the Minister of ENVIRONMENT, FOREST AND CLIMATE CHANGE be pleased to
state:
(a) whether illegal mining in various States of the country is causing huge damage to
ecosystem that affecting vegetation, flora, fauna and ground water levels;
(b) if so, the details thereof;
(c) whether the Government has taken special steps to check illegal mining and to revive
and maintain environmental balance and if so, the details thereof;
(d) the details of illegal mining cases reported during the last five years and the current
year, State/UT-wise and district-wise, particularly in Maharashtra;
(e) whether the Government proposes to implement new scheme or policy for ecological
conservation, take strict measures against illegal mining and raising awareness among
the local community; and
(f) if so, the details thereof along with the likely time frame in this regard?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT, FOREST AND
CLIMATE CHANGE
(SHRI KIRTI VARDHAN SINGH)
(a) to (f) The illegal mining is defined in Mineral Concession rules 2016 notified under
MMDR Act, 1957 by Ministry of Mines. As per Section 23C of the Mines & Minerals
(Development & Regulation) (MMDR) Act, 1957, the State Governments are empowered to
frame rules to prevent illegal mining, transportation, and storage of minerals and matters
connected therewith. Therefore, the control of illegal mining is primary responsibility of the
concerned State Government. All major mining states have framed rules under section 23C of
MMDR Act, 1957 to curb illegal mining. Further, States have also set up Task Forces,
specially constituted to control illegal mining and review the action taken by member
departments for checking the illegal mining activities.The MMDR Act, 1957 was amended through the MMDR Amendment Act, 2015, which
came into effect from 12th January, 2015, wherein Section 30B and 30C read with section 21
and 23C, inter-alia, provides stringent punitive provisions for combating illegal mining.
Illegal mining has been made punishable with imprisonment for a term, which may extend to
five years and with fine, which may extend to five lakh rupees per hectare of the area.
Provisions have been made for setting up of Special Courts for the purpose of providing
speedy trial of offences relating to illegal mining. The Ministry of Mines has launched the
Mining Surveillance System (MSS) in October 2016 through IBM. The MSS system detects
likely incidences of illegal mining using space technology and surveillance of area up to 500
m outside the lease boundary. The triggers generated are sent to State Governments for
verification and further action.
The Ministry of Mines has also issued guidelines on 03.10.2023 to major mineral rich States
for prevention of misclassification of grades of iron ore and other minerals by using
technology. The State Governments were requested to implement the said guidelines by
suitably incorporating the same in the rules framed by the State Governments under Section
23C of the MMDR Act, 1957. The said guidelines envisage the use of technologies like GPS,
RFID, Geo-fencing, block chain technology for tracking of minerals during complete value
chain including self-declaration of grades, tracking of transport vehicles, automation of
invoice reconciliation, etc..
Further, MoEFCC has taken several steps to ensure adherence to the environmental
safeguards due to mining of minerals. These include, inter-alia, mandating the requirement of
prior environmental clearance under the provisions of Environment Impact Assessment (EIA)
Notification, 2006, as amended from time to time with general and specific conditions
forming part of prior Environmental Clearance.
Beside above, the MoEF&CC is actively implementing several schemes for the conservation
and restoration. These include the National Mission for a Green India (GIM) under the
National Action Plan on Climate Change, which aims at afforestation and ecosystem
restoration across forest and non-forest landscapes. The Nagar Van Yojana (NVY) focuses on
creating green spaces in urban areas to protect forests from degradation and encroachment.
The "School Nursery Yojana" engages students in environmental conservation by fostering
an appreciation for plant biodiversity. Additionally, the Government has launched the
"Mangrove Initiative for Shoreline Habitats & Tangible Incomes" (MISHTI) to restore
mangrove ecosystems along India's coastlines. Under the "Ek Ped Maa Ke Naam" campaign,
States and Union Territories have undertaken plantation activities to enhance greenery.
Furthermore, funds under the Compensatory Afforestation Fund Management and Planning
Authority (CAMPA) are utilized for forest and wildlife conservation efforts, including
afforestation initiatives. These measures collectively contribute to environmental
sustainability and biodiversity conservation.
As per the information received from Maharashtra State Directorate of Geology & Mining
(DGM), in the State of Maharashtra, the Mining Surveillance System (MSS) is an automatedplatform developed by the Ministry of Mines (MoM) with technical support from BISAG-N,
which generates triggers purely on the basis of satellite imagery and remote-sensing analysis
to curb illegal Mining activity. State DGM has further informed that in exercise of the powers
conferred by the section 23(c) of Mines and Minerals (Development and Regulation) Act
1957, Government of Maharashtra made the rules to regulate the possession, storage, trading
and transport of major minerals and minerals products and to check the evasion of royalty or
seigniorage fee, stopping illegal mining and transport in the State as Maharashtra Mineral
(Prevention of illegal Mining, Transportation and Storage Rules) Rules, 2001, which
came into force on 16 June 2001. State Government of Maharashtra is actively moving ahead
with new rules and programmes for ecological conservation, stricter action on illegal mining
(especially sand), and community-level awareness. Several concrete policies/steps were
announced or published through 2024–2025 and are being implemented/rolled out through
2025–26. Further State Government of Maharashtra has formulated a Sand Policy 2025 dated
08.04.2025 which promotes manufactured sand (M-Sand) to reduce river sand mining,
defines permissions/uses at gram-panchayat level, and includes measures to regularise and
monitor sand extraction. The Sand Policy provisions, district ordinances (e.g., June 2025),
forest department SOPs and the 10-crore plantation campaign items were issued in 2025 and
many actions (crackdowns, licence changes) have been occurring throughout 2025.
As per the information provided by Maharashtra State DGM, total 43,966 cases related to
illegal mining for minor mineral were reported and 5896 FIRs were lodged in the State of
Maharashtra from the year 2019-20 to 2023-24. The statement showing the year wise minor
mineral cases, FIR and fine imposed for illegal mining from the year 2019-20 to 2023-24 in
the State of Maharashtra is given at Annexure 1.
*****Annexure 1
The statement showing the year wise minor mineral cases and fine imposed for illegal
mining from the year 2019-20 to 2023-24 in the State of Maharashtra ( as per State
DGM Maharashtra)
S.No Year Cases Amount in lacs FIR
1 2019-20 10363 9332.19 988
2 2020-21 10845 10119.90 1149
3 2021-22 8031 18892.20 2490
4 2022-23 5902 8170.91 470
5 2023-24 8825 11643.97 799
*****