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NOTIFICATION

1' In rule2, in sub-rule (¹), forclause (b), the following shall be substituted,

- ----- --' namely:-

"(b) "Affected Areas/People" means areas/people affected by mining or mining related operations from a mine oi cluster of mines withinlhe District as notified by the Collector and areas/people affected by mining or mining related operations from a mine or cluster of mines beyond the District as notified by the State Government from time to time; ,'

2' In rule ², in sub-rule (i), after clause (r), the following shall be inserted, namely:-

"(rr) "Trust FundD means as describe in Rule 20.,,

3. In rule ², in sub-rule ( ¹), after clause (s), the following shall be added, namely:-

"(t) "Empanelled Agency" shail mean an agency selected by Governing Council of District Mineral Foundation Trust through a transparent process. The agency shall be involved in carrying out survey as per requirement, identification of beneficiaries (directly affecied and indirectly affected), project monitoring, preparation of Master planl Vision document for the development of trust schemes and social audit."

4. In rule 10, in the table, -

(1) after serial number 4, the following shall be added, namely: - '4a 10 members from Gram Sabha of ;ffected .area Member (nominated by the Collector) (a) Only two members, including one woman, will be nominated from each Gram Sabha.

(b) In addition to the members of Gram Sabha of the mining areas, preference will be given to members in nomination from adjacent Gram Sabha.

(c) In case of affecte4 area being the urban area, two

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rolo (13) members of tn" nominated.

(d) In case of scheduled area, at the total nominated *.r.rt.. for each trust, shall be

least 50 percent of from Gram Sabha nominated from Scheduled Tribes.,'

namely:

(2) after serial number 21, the following shall be added, Districtela.,rin@

Ex-officio Member

Deputy Director SoEEI WJfar. Ex-officio

Member

Executive Engineer, CREDA Ex-officio Chief Executiveo@ Panchalrat of the district

Member Ex-officio Member" 5. In rule

{{^{{FOOTNOTE (1)}}}} after sub-rule (1), the following shall be added, namely:_

taken;,,

"(¹a) Annuar Action pran shal be approved from the Governing council sha, be based on a ⁵ y".r" vision pran which shourd be based on the survey of the ,,..a"-or the affected areas related to..ly district/Gram Sabha. The basic survey shalr be conducted.for ide.ntifying the needs "i ifr. affected areas and if needed the assistancJof crrit society"^irgunir^tions may be (2) in sub-rule (2), for the first proviso, the folowing shalr be substituted, namely:_

or,

"pp.ou"l

"Provided that, any deviation from the annual pran or budget, it is necessary to obtain pos.t.facto ""h"me/project from the governing council, within o *o'.r'trr*lotar expenditure of such not exceed ¹⁰%o of the annual expected receipts of [J'f":lould

(³) after sub-rule (3), the following shalr be added, namery: -

"(3a) The social audit sha, be conducted by empanerled agencies that are authorised by State Government for conduct of social audit in schemes like lncNnEca and other welfare in the State .rrd-'rpproved by governing ::H;i"/projects

The process of sociar audit sharl be conducted in two phases' The first phase shall be related to the identification of requirements of the affected area ,;j the seconJ 6;" shal qrJity of the relevant works be related to implementation undertaken.,,

""a

_(4)

.n_ after sub-rure (7), the forowing shalr be added, namery:_ - ---- ...-

l0lo (14)

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or

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"(8) In the districts where the annual receipt of district mineral i:Jl,-i"|i;1,,,?1,^1::lf;: zs ".o.J;";',,,n,., such district trusts shau be conducted .otia audii ia"",tiiiT,H H,iir"J affected arealpeople and ;;;; as per requirement for making the vision document through # *r.nelled agency. If, annual receipt of district minerar it""a"tion trusi l"*ilr" than rupees 25 crores, social audit, iJentification - trr. affected areaf people and survey -"'p..-..quirement for making vision fr'J:ff#:rll",, be done bt;h; resources/ experts availabte in the table, after serial number rz, thefonowing shalr be added, H:B ,!o''n

Districtelanni.rffi

Ex-officio Member

Member

Deputy Director SoEial Telfare Ex-officio Executive Engineer, CREDA Ex-officio MemberChiefE*ecutir@ Panchayat of district

Ex-officio Member" 7.Inrule15,aftersub-ru1e(3),thefollowing"n'rrffi "(3a) pive;y,:-. Master plan/vision Document for activities o

shalr- be p..p"r.a ."{{^{{FOOTNOTE *}}}}.airg ;,¹rT"-Ali:J;::Tt'iil..ffi :?:: based on survey conductei u, bmp..r.rled Agency. The Master Plan/vision Document shall b'* rpp.oved by Governing council. Master plan/vision Document can be inspel,"a by a third party at any point of time as per the directions oi tn. settlor. The Annuai pran for the upc.oming-y.u. sharl be prepared by the Managing committee .r,a shair ;;;p6;.J'0f, ,n. Governing council in the last quarter of the financial year.,,

8' In rule rr, after sub-rure (³), the folrowing shall be added, namely:_ "(⁴) The State Level Monitoring committee shall meet atleast once in a year."

"(5) Shall State

10. In (1) in sub-ruie (¹), for the words ,, The overall deveropment of area ";; benefit and overalr affected" the words "The interest development of affected areaf peopt."

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"(¹a) At reast s0 percent of the funds received in the trust fund shall be spent on -directry "ri".t"a area/peopre and remaining fund can be .p..rt i"- 1rr" inai.e"irv'aff""ted

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fund may be ut,ized

be treated

area/peopre. In soeciar circumstances, additionar 10 percent of fund can be spent^on i"di;;tly affected area/people with prior approval of the Governing-CJr..ii, ,,g':{if " j_,il?:qlji.:"ru:ffi 3,*,ffiti,,,TH::l,i"lr,, such others services/ ."1"*J"iproject of public interest courd be sanctioned anywhere with prior approvar from'c"r.."i"1co.,r,.,, priority sha, be necessary given to peopie of diiectly affected .... such i".*.ed on p"opre or direcuy ;fr::i$,r*:."1!ati

""

(3)

,l"iX[,:'"

(2)' after clause (a), the folrowing shan be added, "solar ener$/ based Drinking water project, in large drinkin g water schlme s /projgc tg rr-i-r-r&e' rrom indire ctry affec ted areas can be inctuded'as per the geographical ffiH/,:f;.

(4)

(2)' arter ciause (b), the foriowing shau be added, L;:lr,:tt

"Intensive plantation on river banks and other public (Narwa) l;;;";;ent and conservation (s)

-,.].te?

"rr.

ijt,:: ;::?1T"/rivulets ,T;fr:t"" (²), after clause (c), the foitowing shail be added, "Upgradation of hearth rerated facilities in government hospitars, such as intenslve facilities. creation of ::ii:::TrH:;fa;,itie" ".,a ar other-i"J",..s to make health (u)

,ll:;b_-rule

"o".nr.rg-

(2), after clause (d), the fotlowing shait be added, "payment of educational fees and hoster fees in universities/Government colleges/ C;"..;;ent Institution for the nursing, medical, education, engineering, law, management, Higher Education, vocational cou.;;; i."lrri"rr education, skilr developm."l 1ld -..rrg"*ent of residentiai facitities for .u of the directly affected areas.,,

o

i:j:il-rule

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livetihood for the mining

.

i",::ff.llj works, kisan bazar, work related to training and capacity building ;i"l,i1f"*I:i1 .:. l.: improve. the .L"J".o of riving and measures to increase the production I cultivation of coarse cereals, pulses, oilseeds,.jowar, millet, maize, kodo kutki etc. and to promote organic farming, plantati";

"ii;;;l ;Jl."i;;ff:;

(q

#i}|,-t"" (²), after clause (g), the fotlowing shau be added, "provisions for expansion of facilities for elderly people and skill deveropment and livelihooJ ;;;;"." programmes for the disabled,,,corrective surgeri." ..rJ *drp-."t/instruments for the disabled.,' -

(⁹) in sub-rule 2, after crause fi), the folrowing shalr be added, namely:_ "(k) sustainabre livelihood works rerated to measures to improve the income and standard of iiving of the locar community in the directly affected "r.""," .rd various measures for livelihood and capacity building, ."."r industry and handicrafts, measures to improrie the staidara of living of forest rights holders.

namely:-

,

namely:-

;:,.X,:i

--^D

(¹²) in sub-rule (³), after crause (d), the fo[owing shall be added, namely:-

mining affected areas.

youth of the mining affected area.s.,,

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t01o (17)

building of Gram Sabha for making and development schemes to be implemented "(h) Training for capacity monitoring of various under the trust fund.,,

(13) sub-rule (⁴), (⁵) and (7) shal be omitted.

11. In rule 25, after sub-rure (1), the following shali be added, namely:_ "(1a) Separate registers shall be maintained by trust according to the prescribed format issued by the Settior for mining related activities in the districts, receipts of trust funds, expinditures from trust fund, list of beneficiaries, proposals received in trust, works approved by trust and complainis received in trust.,, 12. rn rule 26, after sub-rule (5), the following shall be added, namely:_ "(6) District Mineral Foundation Trust Cell wili be constituted at the state level to monitor the functions of trusts, provide necessary consultation, guidance and coordination with Central Gover.,-.rri and State Government and perform the other necessary works. The State Government with the approval of the State t evel Monitoring Committee shall sanction the set-up and project monitoring unil for the state level District Mineral Foundation irust cell.,, 13. In FORM-A,-

substituted, namely-

added, namely:-

" (s) '.Trust Fund, means as describe in Rule 2O.

{{^{{FOOTNOTE (1)}}}}

(2)

(3) '⁴a 10 members from Gram Sabhaffi

Member

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nominated from each G;am Sabha_

(b) In addition to the members of Gram sabha of the mining areas, preference will be given to members in nomination from adjacent Gram Sabha.

(c) In case of affected a..i bei.rg the urban area, two members of the urban local body shali be nominated.

(d) In case of scheduied area, at least 50 percent of the total nominated member from Gram Sabha for each trust, shall be nominated from Scheduled Tribes.,'

(ii) after serial number 21, following shall be added, namely:-

District Planning ana ffi Ex-officio

Member

Deputy Director Social Wetfare Ex-officio

Member

Executive Engineer, CREDA Ex-officio

Chief Executive Officer of att .lanpaa

Panchayat of the district

Member Ex-officio Member" (a) In Clause 1 1, - Clause

(i) after sub-ciause (r), the following shalr be added, namely:- "(1a) Annual Action plan shall be approved from the Governing council shall be based on a S-yeaivision plan which should be based on the survey of the rr.Ld" of the affected areas related to any district/Gram sabha. The basic survey shalr be conducted for identifying the needs of the affected areas and if needed the assistance of civil society organizations may be taken."

(ii) In sub-clause (²), for the first proviso, the foriowing shail be substituted, namely:-

(iii)

"Provided that, in case of any deviation from the annuar plan or budget, it ,^" necessary to obt.i, post facto approval on scheme/project from the governing council^, *itfri, 6 months. Total expenditure of such works should not exceed tooh of the annual expected receipts of the trust. ,, after sub-clause (3), the following shali be added, namely: - "(3a) The social audit shall be conducted by empanelled agencies that are authorized by state Governm".rt fo. conduct of social audit in schemes like MGNREGA and other welfare schemes projects in the state and approved by governing council.

_

_ The process of social audit shart be conducted in two phases. The first phase shall be related to the identification of requirements of the affected area and the second phase shall

-----\-

BnfRFrd {Grrrr, ft-{is t4 tsrq-&r 201 e

lolo (le) be related to implementation and quality of the relevant works undertaken."

(iv) after sub-clause (⁷), the following shalr be added, namely:_ "(B) In the districts where the annual receipt of district mineral foundation trust is rupees 25 crores or more, such district trusts shall be conducted social audit, identiiication "of the affected areaf peopre and survey as per requirement for making the vision doc.ument through the empaneled agency. If, annual receipt of district mineral foundation trust is less than rupees 2s crores, social audit, identification of the affected area/people and survey as per requirement formaking vision document sha1l be done by the resources/experts avaiiable in the district.,,

(⁵) in clause ¹³, in the table, after serial number rT,thefollowing shall be added, namely:-

District Planning arra Statist[s office, Ex-officio

Member Deputy Director Social Welfare Ex-officio

Member Executive Engineer, CREDA Ex-officio Chief Executive Officer of att .la"paa Panchayat of district.

Member Ex-officio Member" (⁶) in clause ¹⁴, after sub-clause (³), the following shall be added, namely:-

any point

-of

"(3a) Five-year Master Plan/vision Document For activities of the Trust, shall be prepared according to the requirement of affected areas based on survey conductea nv Empanelred Agen.y. irr. Master Pian/Vision Document shalr be appioved by dou.r.ri.rg councl. Master Plan/vision Document can be inspected by a third party at time as per the directions of the Settlor. The Annual Plan for the upcoming year shal be prepared by the Managing committee and shall be approved by the Governing council in the last quarter of the financiai year.,, "

namely:-

"(4) The State Level Monitoring Committee shal¹ meet atleast once in a year."

namely:-

"(5) Shall approve the setup related to the arrangement of staff for state Level District Mineral Foundation Trust ce11.,, --\.-.- (9) in Clause 21,-

in--sub-clause (1), for the words "The overall development of area affected", the words "For the interest and benefit and overall development of affected areaf people" shall be substituted.

(ii) after sub-clause (¹), the following shall be added, namely:- "(¹a) At least 50 percent of the funds received in the trust fund shall be spent on directly affected area/people and remaining fund can be spent in the indirectly affected area/people. In special circumstances, additional 10 percent of fund can be spent on indirectly affected area/people with prior approval of the Governing council:

Provided that, if it is necessary and in the best interest of directly affected areas/people, Education, Health, and such others services/schemes/project of public interest could be sanctioned anywhere else, fund may be utilized with prior approval from Governing council, priority shall be necessary given to people of directly affected area such expenditure shall be treaied as incurred on people of directly affected area.',

(iii) in sub-clause (2), after para (a), the following shall be added, namely:-

"Solar ener$/ based Drinking water project, in large drinking water schemes/projects village from indirectly affected areas/other areas can be included as per the geographical condition."

(iv) in sub-clause (²), after para (b), the following shall be added, namely:-

"Intensive plantation on river banks and other public places, streams/rivulets (Narwa) improvement and conservation related works"

(") in sub-clause (²), after para (c), the following shall be added, namely:-

-Creation

of "Upgradation of health related facilities in government hospitals, such as intensive care related facilities. necessary infrastructure and all other measures to make health services effective. "

(vi) in sub-clause (²), after para (d), the following shall be added, namely:-

"Payment of educational fees and hostel fees in Universities/Government Colleges/ Government Institution for the nursing, medical, education, engineering, law, management, Higher Education, vocational courses, Technical education, skill development and arrangement of coaching classes/training with residential facilities for all competitive exams for family members of the directly affected areas."

Brcn-{rretrgtF{, frnis t⁴ srirtr ²⁰l⁹ rolo (21) (vii) in sub-clause (2), after para (e), the following shall be added, namely:-

"Promotion of corlection, sterage and processing unit of agriculture produce, food processing, minor forest produce processing, processing of medicinal plant, works related to use of upgradation technique of the agriculture. Cattle breed improvement, fodder development, works of promotion of the animal husbandry, Gothan development, value addition, forward and backward linkages, Farmers' producer organization (Fpo) works, kisan bazar, works rerated to training and capacity building of farmers, measures to improve the standard of riving and livelihood for the mining afffcted forest rights leaseholders, measures to increase the production / cuitivation of coarse cereais, pulses, oilseeds, .iowar, millet, maize, kodo kutki etc. and to promote organic farming, plantation of fruit bearing trees.,,

(viii) in sub-clause (²), after para (g), the following shall be added, namely:-

"Provisions for expansion of facilities for elderly people and skill development and livelihood measure programmes for the disabled, corrective surgeries and equipment/instruments for the disabled."

(xi) in sub-ciause (2), after para 0), the following sha[ be added, namely:-

"(k) sustainable tivelihood - works related to measures to improve the income and standard of riving of the local community in the directly affected areas, and various measures for livelihood and capacity building, rural industry .ld handicrafts, measures to improve the standard of living of forest rights holders.

'p".r*Jai"", (¹) for works reiated to sub-clause (2), for gap filling of human resources such as doctor", .rri""" and teachers, etc. as per the government approved set- up."

(x) in sub-clause (3), after para (a), the following shail be added, namely:-

"Under the other priority areas, maximum 20 percent of the trust funds can be utilized in physical infrast..r"trry such as construction of all types of building, roads, bridges, railways, waterways, airports, industriar parks/clusters and other industrial infrastructure etc.,,

(xi) in sub-clause (³), after para (b), the foilowing shall be added, namely:-

"Minor irrigation projects,

----. installation of solar power pumps),

lift irrigation (including water shed, priority will be

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given to work related to sustainable irrigation facilities in the directly affected areas.,,

(xii) in sub-ciause (3), after para (d), the following shall be added, namely:-

"(e) Public transport - expansion of transportation projects through individuals and socilties of

facility directly affected areas.

(0 conservation of cultural values- measures for protection of basic cultural values of the communities and the residents of mining affected areas.

(g) Promotion of youth activities- Work related to the promotion of social/economic/educational and other activities of the youth of the mining affected areas.,, ( h ) Tffi 'ff. :L :,?i-"""'lr"H: 3r i :j.flffi :," ::f, *: r *' il s implemented under the trust fund.,, (xiii) sub-clause (⁴), (⁵) and (7) shall be omitted.

(¹⁰) in clause 24, after sub-clause (¹), the following sha1l be added, namely:-

"(1a) Separate registers shail be maintained by trust according to the prescribed format issued by the Settior for mining reiated activities in the distri-cts, receipts of trust funds, expenditures from trust fund, list of beneficiaries, proposals received in trust, works approved by trust and complaints received in trust.,, namely:-

By order and in the name of the Governor of Chhattisgalh,

EFFAT ARA, Deputy Secretary {i?Fr{{^{{FOOTNOTE *}}}}, qiln d?r *q{ qnn, uar-n rd aRr Yns+{5-drrn?q, iqr{r.Irn .,rea rrrn Q qed er{r ,;F,rFkr - 2019