Bihar Sand Mining Policy, 2019

Aug 19, 2019 | by TeamLease RegTech Legal Research Team

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Industry Specific Complianceclass="MsoNormal" style="text-align: justify; text-justify: inter-ideograph;">The State Government of Bihar on August 14, 2019, has notified the Bihar Sand Mining Policy, 2019.

The reasons and objectives for notifying the Bihar Sand Mining Policy, 2019, are as under:

Ø  Sand is one of the most important construction materials. Ensuring its availability is vital for the development of the infrastructure in the state. The most important source of sand is the river. The extraction of sand from the river bodies has to be regulated and done with adoption of required environmental safeguards.

Ø  Bihar has deposits of sand used for both construction and filling purposes. Districts falling south of the river Ganga have yellow sand used for construction whereas districts falling north of the river Ganga  have only white sand which is primarily used for filling purposes. Settlement potential of yellow sand districts differs from those of white sand, as there is a huge demand for construction sand whereas sand used for filling purposes has limited potential.

Ø  The State Sand Policy, 2013 was framed wherein every river as a whole situated in each district was considered as a single stretch. For the purpose of settlement, all rivers in a district were treated as individual stretches and all such stretches in one district was combined into one single unit. Provision was also made for combined settlement of two or more districts as one single unit. Altogether 25 sand units were formed in 29 districts under the 2013 Sand Policy.

Ø  The settlement of multiple districts with one individual/company ultimately created larger vested interests and a monopolistic system. Small players had no role in this system.

Ø  The main objectives of the new Sand policy 2019 are threefold:

a)      to ensure that sand mining is done in an environmentally sustainable manner,

b)      to ensure availability of adequate quantity of sand for construction at a reasonable price and

c)       to increase the number of settlees to ensure generation of employment. 

Registered companies, partnerships, societies including co-operative societies, sole proprietorships, individuals and consortia of up to two such entities will be eligible subject to fulfillment of certain eligibility criteria.

This policy will come into force with immediate effect. The operation of sand ghats settled under this policy, shall start from the January 01, 2020. Further, the Sand Policy, 2013 is hereby repealed.

[Notification No. 2/M.M.(Ba) 227/18- 2650 /M]


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