EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1804, CUTTACK, MONDAY, SEPTEMBER 24, 2018/ASW INA 2, 1940
DEPARTMENT OF STEEL & MINES
NOTIFICATION
The 20th September, 2018
No.7499–IV(A)SM-44/2015(Part-IV)/SM.— In exercise of the powers conferred by sub-section (4) of Section 15 and Section 15A read with Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957), the State Government do hereby make the following rules further to amend the Odisha District Mineral Foundations Rules, 2015, namely:—
1. Short title and commencement:— (1) These rules may be called the Odisha District Mineral Foundations (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Odisha Gazette.
2. In the Odisha District Mineral Foundations Rules, 2015 (hereinafter referred to as the said rules), in rule 4,—
(i) in sub-rule (1), after clause (ii) the following clause shall be inserted, namely :—
"(iia) The Project Director, District Rural Development Agency and the Chief Executive Officer of the Trust, who shall be its members ex officio"; and
(ii) after sub-rule(1), the following sub-rule shall be inserted, namely :—
"(1-a) Project Director, District Rural Development Agency or such other person as may be decided by the Government shall be the Chief Executive Officer of the Trust."
3. In the said rules, in rule 6,in sub-rule (1),—
(i) In clause (b), the word "and" shall be omitted ;
(ii) in clause (c), the words "Chief Executive of the Trust" shall be omitted ;
and2 (iii) after clause (c), the following clause shall be inserted, namely :—
"(d) The Chief Executive Officer of the Trust who shall be the Member – Secretary of the Executive Committee".
4. In the said rules, in rule 8,—
(i) in sub-rule(1), after the words and brackets "scheduled bank(s)", the words "or shall be deposited in Public Account of the Government, as may be directed by the Government" shall be inserted; and
(ii) in sub-rule(4), after the words "scheduled banks", the words "or may be invested in appropriate instruments, as may be directed by the Government" shall be inserted.
5. In the said rules, in rule 10,—
(i) the bracket and figure "(1)" appearing after the words "Permissible activities" shall be omitted;
(ii) in the clause (A), after sub-clause(ix), the following sub-clauses shall be inserted, namely :—
"(x) Livelihood Programmes:– Support for livelihood, income generation and economic activities,
(xi) Road connectivity:– Road connectivity to unconnected habitations";
(iii) in clause (B), in sub-clause (iii), after item (b), the following item shall be inserted, namely :—
"(c) Improvement of quality of electricity supply through appropriate augmentation to the transmission and distribution network.";
(iv) after clause (C), the following clause shall be inserted, namely:—
"(D) Not more than forty percentum of the funds may be utilized for taking up activities in the indirectly affected areas.".
6. In the said rules, in rule 11A, in sub-rule (8), for the words "common infrastructure like construction of roads, bridges etc.", the words "common social and economic infrastructure like institutions of higher and technical education, sports infrastructure, science centres, health institutions in the secondary and tertiary sector, roads and bridges etc.", shall be substituted.
7. In the said rules, after rule 18, the following rules shall be inserted, namely :—
"18A. Power of Government to issue directions,– (1) In the interest of convergence with the State Plans, District Plans or for the interest and benefits3 of persons and areas affected by mining related operations, the Government shall have the powers to issue guidelines and directions to the Trusts.
(2) The Trusts shall abide by such guidelines or directions of the Government.
18B. Monitoring by the State Level Committee, — (1) The Government may constitute a State Level Committee to monitor and review the functioning of the Trusts consisting of the following members and such other persons as the Government may notify.
Chief Secretary
: Chairman
Development Commissioner-cum-Additional Chief : Vice Chairman
Secretary
Secretary, Forest & Environment Department : Member
Secretary, Finance Department
: Member
Secretary, Steel & Mines Department
: Member
Secretary, Water Resources Department
: Member
Secretary, Rural Development Department : Member
Secretary, School & Mass Education Department : Member
Secretary, Health & Family Welfare Department : Member
Secretary, Energy Department
: Member
Secretary, Panchayati Raj & Drinking Water : Member
Department
Secretary, ST & SC Development Department : Member
Secretary, Works Department
: Member
Director of Mines
: Member
Special / Additional / Joint Secretary Concerned, : Member Convenor Planning & Convergence Department
(2) The State Level Committee shall have the powers to call for reports and returns from the Trusts and issue directives or advisories to the Trusts not inconsistent with the provisions of these rules.
(3) The State Level Committee may set up a State Project Management Unit to assist in its functioning. The costs relating to the Project Management Unit may4 be met from contributions to be made by the Trusts in such manner and proportion, as may be determined by the Committee:
Provided that the total amount of the administrative expenses incurred by the Trusts together with the contribution made to the State Project Management Unit shall not exceed the limit specified in sub-rule(4) of rule 11A for the administrative, supervision and overhead costs of the Trust".
By Order of the Governor
R. K. SHARMA
Additional Chief Secretary to Government
Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10 Ex. Gaz. 1281-173+200