GUJARAT
DISTRICT MINERAL FOUNDATION RULES, 2016
PREAMBLE
In exercise of the powers conferred by Secs.
9-B, 15(4) & 15-A of the Mines and Minerals (Regulation and Development)
Act, 1957 (67 of 1957), the Government of Gujarat hereby makes the following
rules to regulate the composition, functions and manner of working of the
District Mineral Foundations and the amount of payment to be made to the DMF by
the concession holders of minor mineral for the interest and benefit of persons
and areas affected by mining related operations and for purposes connected
namely:
CHAPTER-I
PRELIMINARY
Rule - 1. Short title and commencement.
(1)
These
rules may be called the Gujarat District Mineral Foundation Rules, 2016.
(2)
They
shall be deemed to have come into force on 12.1.2015.
Rule - 2. Definitions.
(1)
In
these rules, unless the context otherwise requires
(a)
"Act"
means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of
1957);
(b)
"Affected
Area" means the area affected by mining related operations comprising of
Directly Affected Area and Indirectly Affected Area, identified in accordance
with Rule 13;
(c)
"Affected
People" means people affected by mining related operations, identified in
the manner provided in Rule 14.
(d)
"Beneficiaries"
means those affected people who have been identified, as beneficiaries of
plans, programmes or projects, in the manner specified in sub-rule (1) of Rule
15;
(e)
"Annual
Plan" means an annual plan prepared in accordance with Rule 17;
(f)
"Annual
Report" means annual report of the DMF-T prepared in accordance with these
rules in the format specified by the State Level Co-ordination Committee;
(g)
"Directly
Affected Area" means the areas directly affected by mining related
operations, identified in accordance with clause (a) of sub-rule (1) of Rule
13;
(h)
"DMF"
means a District Mineral Foundation established by the State Government in
districts affected by mining related operations, in accordance with Sec. 9-B of
Act;
(i)
"Indirectly
Affected Area" means the areas indirectly affected by mining related
operations, identified in accordance with clause (b) of sub-rule (1) of Rule
13;
(j)
"Government"
means Government of Gujarat;
(k)
"Governing
Council" means governing council of the DMF constituted in accordance with
Rule 5;
(l)
"Executive
Committee" means executive committee of the DMF constituted in accordance
with Rule 6;
(m)
"Village
Panchayat" means Village Panchayat constituted under the Gujarat
Panchayats Act, 1993;
(n)
"Gram
Sabha" will have the same meaning as has been assigned to it in clause (b)
of Article 243 of the Constitution of India;
(o)
"PMKKKY"
means the Pradhan Mantri Khanij Kshetra Kalyan Yojana framed vide Order of the
Ministry of Mines, Government of India, dt. 16.9.2015 of Government of India;
(p)
"rules"
means the Gujarat District Minerail Foundation Rules, 2016;
(q)
"Scheduled
Area" includes tribal areas, and the scheduled area as referred in clause
(1) of Article 244 of the Constitution of India, and
(r)
"State
Level Co-ordination Committee" means a committee established in accordance
with Rule 9.
(2)
The
words and expressions used but not defined in these rules shall have the same
meaning as assigned to them in the Mines and Minerals (Development and
Regulation) Act, 1957 (Act 67 of 1957) or, as may be defined under the
provisions of the Mineral Concession Rules, 1960 or the Gujarat Minor Mineral
Concession Rules, 2010.
CHAPTER-II ESTABLISHMENT, STRUCTURE AND COMPOSITION OF DISTRICT
MINERAL FOUNDATION
Rule - 3. Establishment.
(1)
District Mineral Foundation of the
district shall be established through notification issued by the Government.
The District Mineral Foundation shall be comprised of a Governing Council and
an Executive Committee.
(2)
Upon issuance of notification under
sub-rule (1) the District Mineral Foundation shall be registered as a society
for charitable purpose under the Societies Registration Act, 1860 and shall be
a public trust under sub-sec. (13) of Sec. 2 of the Gujarat Public Trusts Act,
1950.
(3)
The memorandum of association of the
District Mineral Foundation shall be in the format as prescribed by the State
Level Co-ordination Committee and these rules shall govern the implementation
of the District Mineral Foundation.
Rule - 4. The Governing Council.
(1)
The members of the Governing Council
shall comprise of the following:
|
Sr. No. |
Particulars of office of the member |
Designation of Members in the Governing Council |
|
1. |
Prabhari Mantri (Guardian Minister) |
Chairperson |
|
2. |
District Collector |
Vice-Chairperson |
|
3. |
District Development Officer |
Member |
|
4. |
District Geologist/Assistant Geologist |
Member |
|
5. |
Director, District Rural Development Agency |
Member Secretary |
(2)
The members of the Governing Council
shall be appointed as an ex-officio basis.
(3)
Vacancy of one or more positions in
the Governing Council shall not invalidate the constitution of the Governing
Council.
(4)
Immediately upon appointment, each
member of the Governing Council, including the Chairperson, Vice-Chairperson
and the Member Secretary shall submit to the Governing Council, particulars of
their e-mail address, postal address, telephone number and other particulars.
Rule - 5. The Executive Committee.
(1)
The members of the Executive Committee
shall comprise of the following:
|
Sr. No. |
Particulars of office of the member |
Designation of Members in the Executive Committee |
|
1. |
District Collector |
Chairperson |
|
2. |
District Development Officer |
Vice-Chairperson |
|
3. |
District Forest Officer |
Member |
|
4. |
District Planning Officer |
Member |
|
5. |
District Geologist/Assistant Geologist |
Member |
|
6. |
Chief District Health Officer |
Member |
|
7. |
District Education Officer |
Member |
|
8. |
Executive Engineer, Gujarat Water Supply and Sewerage Board |
Member |
|
9. |
Executive Engineer, Road & Building (State) |
Member |
|
10. |
Executive Engineer, Road & Building (Panchayat) |
Member |
|
11. |
District Social Welfare Officer |
Member |
|
12. |
Program Officer, Integrated Child Development Scheme (ICDS) |
Member |
|
13. |
Director, District Rural Development Agency |
Member Secretary |
(2)
The members of the Executive Committee
shall be appointed by the Government as an ex-officio basis.
(3)
Vacancy of one or more positions in
the Executive Committee shall not invalidate the constitution of the Executive Committee.
(4)
Immediately upon appointment, each
member of the Executive Committee, including the Chairperson, Vice Chairperson
and the Member Secretary shall submit to the Executive Committee particulars of
their e-mail address, postal address, telephone number and other particulars.
Rule - 6. Powers and functions of the Governing Council.
(1)
The Governing Council shall have all
such powers as may be necessary for discharge of its functions specified in
these rules.
(2)
Without prejudice to the generality of
the foregoing powers, the Governing Council shall have the following powers,
namely:
(a)
to approve the Annual Plan, as
specified in Rule 17;
(b)
to consider and approve the
recommendations of the Executive Committee;
(c)
to approve of the Annual Report and
audited accounts of the District Mineral Foundation within period prescribed
under the Societies Registration Act, 1860 or 90 days from the close of the
previous year whichever is earlier; and
(d)
to appoint and remove auditors.
Rule - 7. Powers and functions of the Executive Committee.
(1)
The Executive Committee shall have all
such powers as may be necessary for discharge of its functions specified in
these rules.
(2)
Without prejudice to the generality of
the foregoing powers, the Executive Committee shall have the following powers,
namely:
(a)
to prepare the implementation scheme,
which may include the policy frame work, master plan, vision document for the
activities of the District Mineral Foundation and submit to the State Level
Co-ordination Committee for approval.
(b)
to prepare administrative procedures
for functioning of the District Mineral Foundation and present to the State
Level Coordination Committee/Governing Council for approval.
(c)
to prepare shelf of projects to be
taken up and scheme of prioritisation of project implementation and present to
the State Level Co-ordination Committee/Governing Council for approval.
(d)
to prepare the Annual Plan, as
specified in Rule 17.
(e)
to Supervise and ensure the execution
of the Annual Plan and approved plans, programmes and projects.
(f)
to accord sanctions to implementation
of plans, programmes and projects approved under the Annual Plan and disburse
funds of the District Mineral Foundation for implementation of such plans,
programmes and projects.
(g)
to prepare, maintain and update a list
of Affected Areas and Affected People.
(h)
to deploy and invest the District
Mineral Foundation Fund in a diligent manner and as per the policies and
instructions of the Government.
(i)
to open bank accounts in the name of
the District Mineral Foundation and operate such accounts and investments.
(j)
to monitor the progress of the
utilization of funds by the District Mineral Foundation.
(k)
to place the audited accounts along
with an Annual Report before the Governing Council for approval.
(l)
to appoint staff on contractual basis
for the affairs of the District Mineral Foundation in accordance with the
policies and the instructions of the Government, in accordance with sub-rule
(3) of Rule 18.
Rule - 8. State Level Co-ordination Committee.
(1)
The Government shall appoint a State
Level Co-ordination Committee for coordination and smooth collection and
seamless transfer of funds to the District Mineral Foundation Fund in the
respective districts with minimum lag time for better implementation of the
District Mineral Foundation across various districts.
(2)
The members of the State Level
Coordination Committee shall comprise of the following, who shall be appointed
by the Government as an ex-officio member.
|
Sr. No. |
Particulars of office of the member |
Designation of Members in the State Level Coordination Committee. |
|
1. |
Minister of Mines and Mineral |
Chairperson |
|
2. |
Minister of Panchayats and Rural Development |
Member |
|
3. |
Additional Chief Secretary, Finance Department |
Member |
|
4. |
Additional Chief Secretary, Industries and Mines Department |
Member |
|
5. |
Additional Chief Secretary, Health and Family Welfare Department |
Member |
|
6. |
Additional Chief Secretary, Social Justice and Empowerment Department |
Member |
|
7. |
Additional Chief Secretary, (Primary and Secondary) Education
Department |
Member |
|
8. |
Principal Secretary, (Planning), General Administration Department |
Member |
|
9. |
Principal Secretary, Panchayats Department |
Member |
|
10. |
Principal Secretary, Labour and Employment Department |
Member |
|
11. |
Secretary, Rural Development Department |
Member |
|
12. |
Secretary, Tribal Development Department |
Member |
|
13. |
Secretary, Roads and Buildings Department |
Member |
|
14. |
Member Secretary, Gujarat Pollution Control Board |
Member |
|
15. |
Commissioner, Geology and Mining |
Member Secretary |
(3)
The State Level Co-ordination Committee
may meet as and when it deems necessary.
(4)
The State Level Co-ordination
Committee shall have all such powers as may be necessary for discharge of its
function specified in these rules.
(5)
Without prejudice to the generality of
the foregoing powers, the State Level Co-ordination Committee shall have the
following powers, namely:
(a)
to apportion funds between more than
one District Mineral Foundation when the Affected Area falls in more than one
district;
(b)
to determine utilization of District
Mineral Foundation funds on larger projects in the Affected Areas or projects
common to more than one district;
(c)
to formulate methodology to be adopted
by the District Mineral Foundations for determining the Directly Affected
Areas, Indirectly Affected Areas and for identification of Affected People and
Beneficiaries;
(d)
to formulate policy guidance of
maintenance of records in electronic format; and
(e)
to specify minimum information
required to be provided on the website of each District Mineral Foundation.
CHAPTER-III
MANAGEMENT OF THE DISTRICT MINERAL FOUNDATION
Rule - 9. Meetings of the Governing Council.
(1)
The
Governing Council shall meet at least once every six months and every quarter.
A member may request in writing for participation in meeting of the Governing
Council through video-conference, if such member is unable to present in the
meeting, the Chairperson after considering such request and technical
feasibility, may permit such member to participate in the meeting through video
conference.
(2)
A
meeting of the Governing Council may be requisitioned by the Member Secretary
on his/her own accord, or upon instructions from the Chairperson.
(3)
The
agenda for every meeting of the Governing Council shall be circulated in
advance, at least 15 calendar days prior to the date of the meeting. The agenda
shall be accompanied by an explanatory statement, which shall describe, in
sufficient detail, the matters to be considered by the Governing Council at its
meeting.
Provided, that, for urgent matters, a meeting
of the Governing Council may be convened at a shorter notice: provided that at
least fifty per cent, of the members of the Governing Council have given their
consent for such meeting. Such consent may be provided through e-mail.1
(4)
The
agenda shall be circulated in writing and may be delivered by hand or through
post. In addition to hand delivery or delivery though post, agenda may also be
circulated through e-mail.
(5)
The
Member Secretary shall cause recording of minute of each meeting of the
Governing Council. The Minutes shall describe in sufficient detail of the
proceedings of each meeting. The minutes of each meeting shall be circulated to
each member, who had attended the meeting, in draft form and shall be
considered to be final upon the approval of the Chairperson. The decision of
the Chairperson shall be final regarding inclusion of items in the minutes.
(6)
In
the event that the Chairperson is unable to attend any meeting, then such
meeting shall be chaired by the Vice-Chairperson. In such case, the
Vice-Chairperson shall approve the minutes in terms of sub-rule (5), No meeting
shall be held in absence of both the Chairperson and Vice-Chairperson.
(7)
Subject
to sub-rule (6), the quorum of the Governing Council shall be fifty per cent,
of the members.
(8)
All
decisions of the Governing Council shall be taken by majority votes and a
decision shall be considered to be approved if more than one half of the
members present vote in favour of it.
(9)
The
meeting may be held at any place within the District and such time as may be
decided by the Chairperson.
Rule - 10. Meetings of the Executive Committee.
(1)
The
Executive Committee shall meet at least once every three months. A member may
request in writing for participation in meeting of the Executive Committee
through video-conference, if such member is unable to be present in the
meeting, the Chairperson after considering such request and technical
feasibility, may permit such member to participate through video conference.
(2)
A
meeting of the Executive Committee may be requisitioned by the Member Secretary
on his/her own accord, upon instructions of the Chairperson.
(3)
The
agenda for every meeting of the Executive Committee shall be circulated in
advance, at least 15 calendar days prior to the date of the meeting. The agenda
shall accompanied by an explanatory statement, which shall describe, in
sufficient detail, the matters to be considered by the Executive Committee at
its meeting:
Provided that, for urgent matters, a meeting
of the Executive Committee may be convened at a shorter notice.
Note 1.This provision has been reinstated to
provide for flexibility to hold meetings at a shorter notice. In absence of
such provision validity of a meeting without notice, of 15 calendar days could
be questioned.
Provided further that, at least fifty per
cent, of the members have given their consent for such meeting. Such consent
may be provided through e-mail
(4)
The
agenda shall be circulated in writing and may be delivered by hand or through
post. In addition to hand delivery of delivery though post, agenda may also be
circulated through e-mail.
(5)
The
Member Secretary shall cause recording of minute of each meeting of the
Executive Committee. The Minute shall describe in sufficient detail of the
proceeding of each meeting. The minute of each meeting shall be circulated to
each member, who had attended the meeting, in draft, form and shall be
considered to be final upon the approval from the Chairperson. The decision of
the Chairperson shall be final regarding inclusion of items in the minutes.
(6)
In
the event that the Chairperson is unable to attend any meeting, then such
meeting shall be chaired by the Vice-Chairperson. In such case, the
Vice-Chairperson shall approve the minutes in terms of sub-rule (5). No meeting
shall be held in absence of both the Chairperson and Vice Chairperson.
(7)
The
quorum of Executive Committee's shall be fifty per cent, of the members.
(8)
All
decisions of the Executive Committee shall be taken by majority votes and a
decision shall be considered to be approved if more than one half of the
members present vote in favour of it.
(9)
The
meeting may be held at any place within the District and at a time as may be
decided by the Chairperson.
CHAPTER-IV
ACTIVITIES UNDER THE DISTRICT MINERAL FOUNDATION
Rule - 11. Object of District Mineral Foundation.
(1)
The
District Mineral Foundation shall work for the interest and the benefits of
persons, and areas affected by mining related operations in such manner as
prescribed under these rules.
(2)
The
District Mineral Foundation shall also implement the PMKKKY with the following
overall objectives:
(a)
to
implement various developmental and welfare projects and programs in areas
affected by mining related operations, which projects and programs shall
compliment the existing ongoing schemes or projects of State or Central
Government;
(b)
to
minimize/mitigate the adverse impacts, during and after mining, on the
environment, health and socio-economics of people in mining districts; and
(c)
to
ensure long-term sustainable livelihoods for the people in areas affected by
mining related operations.
(3)
The
District Mineral Foundation shall also undertake such other activities as may
be necessary towards meeting the objects as specified in sub-sec. (2) of Sec.
9-B of the Act.
Rule - 12. Identification of the Affected Area.
(1)
The
Executive Committee shall identify the Affected Area which shall be classified
in following two categories:
(a)
Directly
Affected Areas.
which shall be the areas where mining related
operations (such as excavation, mining, blasting, beneficiation and waste
disposal, such as overburdened dumps, tailing ponds, transport corridors, etc.)
are located. For the purposes of identification of Directly Affected Areas, the
Executive Committee may consider the following, namely:
(i)
an
areas under the village Panchayat within which the mines are situated and
operational. The Executive Committee may also include neighbouring villages,
blocks or district1 within Directly Affected Areas.
Note 1. The PMKKKY refers to neighboring
state, but it was not have included herein as these rules are limited to
Gujarat.
(ii)
an
area within such radius from a mine or cluster of mines as may be specified by
the State Level Co-ordination Committee, irrespective of whether such area
falls within the district of DMF or adjoining district.
(iii)
villages
in which families displaced by mining related operations have resettled or
rehabilitated by relevant authorities.
(iv)
villages
that significantly depend on the areas affected by mining related operations
for meeting their economic needs and have usufruct and traditional rights over
the project areas, such as for grazing, collection of minor forest produce.
(b)
Indirectly
Affected Areas.
which shall be the areas where local
population is adversely affected on account of economic, social and
environmental consequences due to mining related operations, like such adverse
effect 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 or increased
burden on existing infrastructure and resources.
(2)
If
any Directly Affected Area or the Indirectly Affected Area identified by the
Executive Committee of a District includes area falling outside such District
and falling in another District, the Executive Committee shall inform the DMF
of another District through the State Level Co-ordination Committee.
(3)
The
Executive Committee shall, from time to time, update the list of Affected Area
comprising of Directly Affected Area and Indirectly Affected Area,.
Rule - 13. Identification of the Affected People.
(1)
Upon
identification of the Affected Area, the Executive Committee shall' prepare a
list of Affected People, who shall be classified into following categories,
namely:
(a)
"Affected
Family" as defined under sub-sec. (c) of Sec. 3 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013;
(b)
"Displaced
Family" as defined under sub-sec. (k) of Sec. 3 of the Right to Fair
Compensation and Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013;
(c)
Persons
identified by the Gram Sabha as being affected by mining related operations;
(d)
Other
persons who are affected by mining related operations, including people who
have legal, occupational, traditional or usufruct rights over the Affected
Area, as identified by the Executive Committee.
(2)
The
Executive Committee, if deems fit, identify the Affected People in consultation
with the Gram Sabha.
(3)
The
Executive Committee shall update the list of Affected People from time to time.
Rule - 14. Identification of Beneficiaries1.
(1)
With
respect to each plans, programmes and projects to be implemented as a part, of
the Annual Plan, the Executive Committee shall prepare a list of Beneficiaries.
Such Beneficiaries may be:
(a)
specified
individuals-in case of plans, programmes or projects targeted at individuals;
or
(b)
a
class of population- in case of plans, programmes or projects targeted for
general welfare of a particular class of populations, such a people residing in
a specified area.
Note 1. The PMKKKY refers to affected
persons, affected people and beneficiaries, the import of such expressions in
the context of implementation to be discussed. Pending such discussion, the
provisions are indicative.
(2)
In
case of a Scheduled Area, approval of the Gram Sabha shall be required for
identification of Beneficiaries.
Rule - 15. Time frame for preparation of Annual Plan.
(1)
The
first Annual Plan of the District Mineral Foundation shall be prepared within
three months of the effective date and shall be valid till:
(a)
end
of the financial year, if more than six months are remaining in such financial
year; or
(b)
end
of the subsequent financial year-, if less than six months are remaining in
such financial year. In such case, the first Annual Plan shall be for a period
of more than one year.
(2)
For
the purposes of these rules, the "effective date" shall be the date
of publication of notification establishing the District Mineral Foundation by
the Government.
(3)
The
Annual Plan shall be prepared by the Executive Committee and shall be submitted
to the Governing Council for Approval. Annual Plans for a financial year other
than the first Annual Plan shall be prepared and approved by the end of the
fourth quarter of the previous financial year in accordance with Rule 16.
Rule - 16. Preparation of the Annual Plan.
(1)
The
Annual Plan shall be prepared in the format prescribed by the State Level
Coordination Committee and shall contain particulars of plans, programmes and
projects including, type, quantum, budget and time for completing the same;
Provided that, in case of a Scheduled Area, approval of the Gram Sabha shall be
required for formulation and implementation of all plans, programmes and
projects.
(2)
Each
Annual Plan shall contain measurable time bound performance benchmarks for its
implementation.
(3)
Each
Annual Plan would take into account local needs and priorities of the Affected
Areas and also any directions issued by the State Level Co-ordination
Committee.
(4)
Subject
to the total expenditure (being aggregate expenditure for new schemes and spill
over of past liabilities and commitments) not exceeding exceed 1.5 times, the
available funds and the available funds under the Annual Plan shall be
allocated in the following manner1, namely:
(a)
at
least sixty per cent, of the funds must be allocated towards "high
priorities areas" as specified in clause (a) of sub-rule (5);
(b)
up
to forty per cent, of the funds may be allocated towards "other priority
areas" as specified in clause (b) of sub-rule 5;
(c)
a
maximum of five per cent, of the funds may be allocated towards administrative,
supervisory and overhead costs of the District Mineral Foundation; and
(4)
Such
per cent, of funds as may be specified by the State Level Coordination
Committee must be allocated towards an endowment fund.
(a)
"high
priority areas" means:
(i)
Centralized
purification systems, water treatment plants, permanent/temporary water
distribution network including standalone facilities for drinking water, laying
of piped water supply system.
(ii)
Effluent
treatment plants, prevention of pollution of streams, lakes, ponds, ground
water, other water sources in the region, measure for controlling air and dust
pollution caused by mining operations and dumps, mine drainage
Note 1 . The provisions of PMKKKY have been
incorporated in these rules. However, please note that such an approach would
require amendment of these rules each time the PMKKKY is modified. To avoid the
same, one approach could be to not include provisions of the PMKKKY and only
refer to the PMKKKY. The DMF may be guided directly by PMKKKY.
system, mine pollution prevention
technologies, and measures for working or abandoned mines and other air, water
and surface pollution control mechanisms required for environment-friendly and
sustainable mine development.
(iii)
Creation
of primary/secondary health care facilities in the affected areas. Provision of
necessary staffing, equipment and supplies required for making such facilities
effective. To supplement and work in convergence with the existing health care
infrastructure of the local bodies. State and Central Government. Consultations
with the National Institute of Mines' Health design special infrastructure
needed to take care of mining related illnesses and diseases. Group Insurance
Scheme for health care for mining affected persons.
(iv)
Construction
of school bulldogs, additional class rooms, laboratories, libraries, art and
crafts room, toilet blocks, drinking water provisions residential hostels for
students/teachers in remote areas, sports infrastructure, engagement of
teachers/other supporting staff, e-learning setup, other arrangement of
transport facilities (bus/van/cycles/rickshaws, etc.) and nutrition related
programs.
(v)
Special
programs for addressing problems of maternal and child health, malnutrition,
infectious diseases, etc.
(vi)
Special
program for welfare of aged and disabled people.
(vii)
Skill
development for livelihood support, income generation and economic activities
for local eligible persons, including training, development of skill
development center, self-employment schemes, support to self-help groups and
provision of forward and backward linkages for such self-employment economic
activities.
(viii)
Collection,
transportation and disposal of waste, cleaning of public places, provision of
proper drainage and sewage treatment plant, provision for disposal of fecal
sludge, provision of toilets and other related activities.
(b)
"other
priority areas" means:
(i)
Providing
required physical infrastructure- road, bridges, railways and waterways
projects.
(ii)
Developing
alternate sources of irrigation, adoption of suitable and advanced irrigation
techniques, building check dams.
(iii)
Development
of alternate source of energy (including micro-hydel) and rainwater harvesting
system. Development of orchards, integrated farming and economic forestry and
restoration of catchments.
(iv)
Any
other measures for enhancing environmental quality in mining district.
Rule - 17. Implementation of the Annual Plan.
(1)
The
Annual Plan shall be implemented in the manner specified in the Annual Plan.
(2)
Any
procurement of goods or services by the District Mineral Foundation or for
implementation of the Annual Plan shall comply with the procedure specified by
the Government for such procurement.1
(3)
Any
creation of temporary or permanent positions, or purchase of vehicles by the
District Mineral Foundation shall require prior approval of the Government. The
District Mineral Foundation may engage the service of persons on a contract
basis, if so required under the Annual Plan.
(4)
The
compliance with performance benchmarks specified in the Annual Plan shall
Note 1: To be discussed if specific reference
should be made to document akin to General Financial Rules in Gujarat, if any
be measured and reported on a quarterly basis by the Executive Committee. If no
measureable performance benchmarks have been provided, then the Executive
Committee shall prepare a general report regarding implementation of the Annual
Plan. Each such quarterly report shall be posted on the website of the District
Mineral Foundation.
(5)
In
case of Scheduled Area, after completion of every financial year, the report of
the work undertaken in each village in each financial year shall be furnished
to the respective Gram Sabha.
Rule - 18. Monitoring of the Annual Plan.
(1)
The
day-to-day monitoring of implementation of the Annual Plan shall be carried out
by the Executive Committee.
(2)
The
Governing Council shall have overall supervision of implementation of the
Annual Plan.
Rule - 19. Special Provisions for Scheduled areas.
The process to be adopted for utilization of
funds by the District Mineral Foundation in the scheduled areas shall be guided
by the provisions contained in Article 244 read with Fifth and Sixth Schedules
to the Constitution relating to administration of the Scheduled Areas and
Tribal Areas and the Provisions of the Panchayats (Extension to the Scheduled
Areas) Act, 1996 and the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006.
CHAPTER-V
DISTRICT MINERAL FOUNDATION FUND
Rule - 20. Bank Account.
(1)
The
District Mineral Foundation shall have the power to open, operate and close one
or more bank accounts in its own name in a public sector bank.
(2)
The
District Mineral Foundation may open such types of bank accounts as may be
approved by the Governing Council. Such accounts shall be opened at a branch of
a public sector bank located in the district of the District Mineral
Foundation.
(3)
Prior
to opening of each bank account, the Governing Council shall also approve an
authorisation matrix for operation of bank accounts, specifying the particulars
of members and their respective authorisation limits:
Provided that, such authorisation matrix must
include operation of bank accounts under the joint signatures of at least two
of the three signatories; the two signatories being the Chairman and Member
Secretary of Executive Committee.
(4)
The
Governing Council may approve investment of any unutilised funds in the bank
account of the District Mineral Foundation in the following manner, namely:
(a)
such
investments may be liquidated at any time; and
(b)
there
is no risk to the principal amount so invested.
Rule - 21. Contributions.
(1)
The
following contributions may be made to the bank account of the District Mineral
Foundation:
(a)
Contributions
from the holders of a mining lease, or a prospecting license-cum-mining lease,
under the provisions of sub-sec. (5) of Sec. 9-B of the Act.
(b)
Contributions
from the holders of a mining lease under the provisions of sub-sec. (6) of Sec.
9-B of the Act;
(c)
Contributions
from the holders of minor mineral concession under the provisions of Sec. 15-A
of the Act.;
(d)
Any
interests accrued to the bank accounts of the District Mineral Foundation Fund;
(e)
Any
other contribution as may be determined by the Government.
(2)
To
achieve seamless transfer without delays, payments towards contribution to the
District Mineral Foundation shall be made along with payment of royalty and the
amount payable to each District Mineral Foundation shall be credited into its
bank account in the manner specified by the Government.
Rule - 22. Expenditure.
(1)
Any
expenditure from the bank account of the District Mineral Foundation shall be
solely to meet the objectives of the District Mineral Foundation or to meet its
administrative, supervisory and overhead costs, as specified in the Annual
Plan.
(2)
All
such expenditure must be approved by the Governing Council, in the Annual Plan
or a specific approval shall be required for an expenditure which has not been
approved as a part of the Annual Plan.
(3)
With
prior approval of the State Government and intimation to Central Government,
projects for development of common infrastructure such as construction of
roads, bridges. In excess of limits specified in this regard to the priority
for funds utilisation, on a case to case basis, may also be taken up for
projects of importance to the district, as specified by the State Level
Co-ordination Committee.
Rule - 23. Entitlement of a District.
The entitlement of districts to receive funds
from the Government shall not be affected by the District Mineral Foundation
coming into effect and the funds under the District Mineral Foundation shall be
in addition to existing entitlement of the districts to receive funds.
Rule - 24. Records and Registers.
(1)
The
District Mineral Foundation shall maintain proper accounts and other relevant
records with respect to all its activities. Without prejudice to the generality
of the foregoing, the District Mineral Foundation shall maintain the following
registers (1), namely:
(a)
Register
of mining related operations in district.
which shall contain particulars of, mining
related operations in the district, mines, and persons holding any mineral
concessions with respect to an area situated within the district.
(b)
Register
of receipt.
which shall contain particulars of all
payments made to the District Mineral Foundation, including payments made by
persons holding mineral concessions.
(c)
Register
of expenditure.
which shall contain particulars of all
expenditure made by the District Mineral Foundation.
(d)
Register
of beneficiary.
which shall contain particulars of all
Affected People of the District Mineral Foundation, as identified in terms of
these rules.
(e)
Register
of Members of Various Committees.
list of members of Governing Council and
Executive Committee.
(2)
As
a part of the Annual Report, the District Mineral Foundation shall also prepare
an income and expenditure statement and a balance sheet for every financial
year, commencing from April 01 and ending on March 31, in a manner as may be
prescribed by the Government in consultation with the Accountant General of the
State.
(3)
The
records and registers may be maintained by the District Mineral Foundation in
electronic format in the manner as approved by the Co-ordination Committee.
Rule - 25. Audit.
(1)
The
accounts of the District Mineral Foundation shall be audited annually upon
completion of a financial year by Chartered Account an auditor appointed by the
Governing Council, from a list of qualified auditors notified by the Accountant
General.
(2)
In
addition to the financial audit, there may be an independent social-audit by
the Governing Council in the manner specified by the State Level Co-ordination
Committee. The parameters of such social audit may include coverage of mining
affected people and families with respect to benefit sharing, timeliness of
benefit payments, timeliness of developmental schemes/works undertaken, work
completion rates, and any such related issues.
(3)
The
District Mineral Foundation at the end of each year shall prepare an Annual
Report. The annual report shall be prepared by the Executive Committee within
three
Note 1: Please consider if the format of such
registers should be appended to these rules.
months of end of a financial year and shall
presented before the Governing Council. Upon approval of the annual report by
the Governing council, the annual report shall be submitted to the Government
and also posted on the website of the District Mineral Foundation.
(4)
The
accounts of the District Mineral Foundation together with the financial audit
report, the social-audit report and the Annual Report shall be forwarded
annually to the Government by the District Mineral Foundation. The Government
shall cause the reports to be laid, as soon as it is received, before the State
Legislative Assembly.
(5)
In
case of scheduled area, a report of work undertaken by the District Mineral
Foundation in the respective village shall be furnished to the Gram Sabha after
completion of every financial year.
CHAPTER-VI
MISCELLANEOUS
Rule - 26. Website.
(1)
Every
District Mineral Foundation shall maintain a website. The State Level
Coordination Committee shall approve a minimum information that must be
provided by each such website.
(2)
The
website of District Mineral Foundation shall be updated on a periodic basis and
shall include the following information, namely:
(a)
Particulars
of composition of the District Mineral Foundation, including particulars of
members of the Governing Council and the Executive Committee;
(b)
Particulars
of Affected Area and Affected People, in case of Affected People, in the
interest of privacy the State Level Co-ordination Committee may specify the
manner in which the particulars of Affected People may be published.
(c)
Quarterly
details of all contributions made to the District Mineral Foundation;
(d)
Agenda,
minutes and action taken reports with respect to meetings of the Executive
Committee and the Governing Council;
(e)
Annual
Plan, Annual Report and audit report.
(f)
Implementation
status or progress of all the plans, programmes and projects being undertaken
by the District Mineral Foundation, including description of work, details of
Beneficiaries, estimated cost, name of implementing agencies, expected date of
commencement and completion.
(g)
Physical
and financial progress report of the approved plans. Programmes and projects.
(3)
The
agenda, minutes and action taken reports with respect to meetings of the State
Level Coordination Committee shall also be posted on a website of the State
Government.
Rule - 27. Review.
The Government shall review and revise the
provisions declared under such rules every ten years, to remain effective to
uphold the objective of the District Mineral Foundation.