Centre’s power on mining decisions increased under MMDR Amendment Bill 2021: What does it mean for DMF implementation?

The Government has introduced an amendment bill in the Lok Sabha on March 15, to further amend the Mines and Minerals (Development and Regulation) Act, 1957.  Amendments have been proposed on a number of issues related to mining, including auctions, clearance and permit validity of mine leases, functioning of District Mineral Foundation (DMF) Trusts, among others. What comes across clearly from an overall reading of the MMDR Amendment Bill 2021, is that it increases the power of the Central Government in almost all aspects of decision-making on mining.

One of the most significant amendments in this regard is taking decisions on matters of DMFs. The Government had instituted DMF by amending the MMDR Act in 2015 to improve the social responsiveness of the mining sector. As specified in the law, the objective of DMF is to work for the interest and benefit of areas and people affected by mining and related activities.

The State Governments were entrusted with the primary responsibility of setting up DMFs in every mining district (of the respective state), through a notification.  At the same time they were also vested with the power to prescribe the composition and functioning of DMFs.

The 2021 Bill proposes to increase the Centre’s say on matters of DMF. It has been specified that the “Central Government may give directions regarding composition and utilisation of fund” by the DMF.

The question is, what does this mean for DMF implementation, if the Bill becomes a law.

To answer this, it is important to consider what has been going on with DMFs in various states, and whether a direction from the Centre is necessary on its composition and functioning.

The MMDR Amendment Act 2015, under which DMF has been instituted, specifies that its composition and functioning, should be guided by three important people-centric laws. These include, the constitutional provisions as it relates to Fifth and Sixth Schedules (for governing tribal areas), provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, and the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (in short the Forest Rights Act).

However, the DMF Rules as developed by most State Governments frustrates this. This has also been affecting DMF implementation.

First let us consider the composition of DMFs. Barring a handful, DMFs in most states/districts are dominated by officials and political members. This is true even for DMFs in Scheduled districts. There is negligible representation of Gram Sabha members, or general mining-affected people in the DMF body. This has resulted in top-down decision making. In most top mining districts, the affected community for whom DMFs have been developed, barely have any knowledge of it, or have any say about how it operates.

Second is the issue of DMF functioning and fund use. In nearly six years time, while more than Rs. 45,000 crores have accrued to DMFs across various districts in India, there is little perceptible change on ground with respect to development indicators, and basic factors of human well-being.  

A major reason for this is lack of planning. Barely any DMF Trust has developed a DMF plan to use the funds in a targeted manner, and as per the need of the people who are the beneficiaries. This has led to ad-hoc decisions on fund use, without prioritizing issues where intervention is necessary. Just one example shows this clearly. While poverty and livelihood are critical issues for the mining-affected people, no substantial investment has happened. In the first five years, most districts have spent only 0-4% of  the DMF budget towards this. Equally neglected areas have been child development, healthcare etc. in many districts. At the same time, there has been no significant effort for delineating the mining-affected areas, or identifying the mining-affected people.

The Centre’s intervention, which the 2021 Bill now suggests, presumably can help to improve DMF implementation, if the right directions are given. The Pradhan Mantri Khanij Kheshtra Kalyan Yojana (PMKKKY) guidelines must also be revised considering the current challenges with DMFs.

What is urgently required for the states, is to revise their DMF Rules. This is where the Centre can issue necessary directions. This can include directions on:

  • Revising the composition of DMF to include Gram Sabha members from directly mining-affected villages/panchayats (or ward members) in the DMF Governing Council. At least 10% of the members should be from directly affected villages (or wards if an urban area).
  • DMF planning, including preparation of annual action plans, and perspective plans, by engaging experts.
  • Identifying and notifying the beneficiaries (the mining-affected people) and delineating the mining-affected areas to improve effectiveness of fund use.
  • Setting up of DMF office in districts for purposes of coordination, planning, monitoring, and public disclosure of information. There is already 5% of DMF funds available for this.
  • Establishment of a state-level monitoring and co-ordination committee, for monitoring and co-ordination of DMF operations in various districts.
  • Improving accountability by information disclosure in public domain, and mandating both financial and performance audits of DMF Trusts.

The bottom line is, the Centre’s increase in power to intervene on DMF implementation, should not mean more top-down control. The directions must uphold the spirit of DMF, which is of a people-centric institution.

A step up in climate action, India adopts safety standards for natural refrigerants

The Kigali Amendment to the Montreal Protocol entered into force on the 1st of January 2019 upon being ratified by twenty parties. As of today, a total of 112 countries ratified the amendment. Another 86 countries are yet to ratify the amendment; among these are India, China and the USA. India, on its part, has indicated the importance of sustainable and climate-friendly cooling and the essential role of natural refrigerants. This blogpost explains how safety standards of natural refrigerants is a win-win for growth, jobs and the environment.

The Montreal protocol and all its subsequent amendments focused on transitioning away from ozone depleting gases. Hydrofluorocarbon (HFC) gases emerged as a stop-gap-solution for cooling applications. While HFCs are not ozone depleting they have a fairly high global warming potential (GWP). The Kigali Amendment addresses this by setting a timeline for phase-down of high-GWP HFCs. A forward-looking strategy at this time would be to avoid making another pitstop for transition refrigerants but instead make a leapfrog to climate-friendly refrigerants.  

Alternatives for high-GWP refrigerants have either been low-GWP synthetic HFCs, hydrofluoroolefins (HFOs) and their blends or natural refrigerants such as ammonia, carbon dioxide, hydrocarbons (HC) and water. Multinational companies are promoting synthetic refrigerants as drop-in replacements, allowing for continued use of existing equipment. A critical drawback of synthetic refrigerants is their detrimental impact on the climate and/or the environment. For instance, many ‘low-GWP’ HFCs have GWP values of greater than 100. The breakdown products of HFOs like Trifluoroacetic acid, on the other hand, have been found to be eco-toxic and accumulate in water bodies. Additionally, most synthetic refrigerants are fiercely guarded by patents, making them expensive.

Natural refrigerants, on the other hand, have GWP values as low as 10 and are substantially cheaper than synthetic alternatives. Other widely discussed advantages of natural refrigerants include their cost saving capacity both in terms of energy efficiency and lower maintenance costs. A major hindrance to the widespread use of natural refrigerants is their flammability and/or toxicity relative to HFCs. Technological advances have enabled the safe use of HCs and ammonia for cooling applications albeit in applications requiring low amounts of refrigerants. Widespread use of natural refrigerant-based cooling as well as expanding their applications requires safety standards and skilled labour for installation and maintenance.

In 2020, the Bureau of India Standards (BIS) adopted IEC 60335-2-40:2018 and Code of Practice for design and installation of the closed-circuit ammonia systems (MED 3 (14430)). Both of these standards target natural refrigerants, aiming to make them safe to use in all types of cooling applications.

The adoption of IEC 60335-2-40:2018 is a significant move as it allows for greater charge sizes of refrigerants like HC but with more stringent safety measures. The standard may help with widespread use of Propane (HC 290) as a refrigerant in room air conditioners and perhaps even for commercial applications.

BIS’s decision to publish the code of practice MED 3 (14430) is a critical step as it prescribes India-specific standards to cover all ammonia refrigeration applications. Notably, the Association for Ammonia Refrigeration (AAR) played a pivotal role in the creation of these standards to meet specific design/testing requirements for Indian conditions. With the implementation of these standards, ammonia refrigeration systems in India will be energy-efficient, sustainable and most importantly safe.

With safety standards of natural refrigerants in place, the way forward from here would be to promote their use by the Indian manufacturers. Towards this, the Government of India can roll-out a ‘Make in India’ program for natural refrigerant-based cooling appliances. This will create a large number of jobs in manufacturing and for installation and maintenance of these units. India can also play a major role in promoting the use of natural refrigerants in other developing countries of Asia and Africa as part of south-south cooperation.

References:

treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XXVII-2-f&chapter=27&clang=_en

Ivan, R. E. (n.d.). Kigali Amendment. Regulatory framework, benefits and policies for ratification, UNIDO. www.unido.org/sites/default/files/2017-06/13June_KigaliAmendment_RegulatoryFramework_0.pdf)

McLaughlin, C. (2 July 2018). Germany warns R1234yf could cause harm to drinking water. R744. r744.com/articles/8395/germany_warns_r1234yf_could_cause_harm_to_drinking_water

Greenpeace. (n.d.). Natural Refrigerants: The Solutions.  www.greenpeace.org/usa/wp-content/uploads/legacy/Global/usa/planet3/PDFs/hfc-solutions-fact-sheet.pdf


 

By adopting safety standards for natural refrigerants, India has signaled its intentions to move to climate and environment-friendly cooling gases

The Kigali Amendment to the Montreal Protocol entered into force on the 1st of January 2019 upon being ratified by twenty parties. As of today, a total of 112 countries ratified the amendment. Another 86 countries are yet to ratify the amendment; among these are India, China and the USA. India, on its part, has indicated the importance of sustainable and climate-friendly cooling and the essential role of natural refrigerants. This blogpost explains how safety standards of natural refrigerants is a win-win for growth, jobs and the environment.

The Montreal protocol and all its subsequent amendments focused on transitioning away from ozone depleting gases. Hydrofluorocarbon (HFC) gases emerged as a stop-gap-solution for cooling applications. While HFCs are not ozone depleting they have a fairly high global warming potential (GWP). The Kigali Amendment addresses this by setting a timeline for phase-down of high-GWP HFCs. A forward-looking strategy at this time would be to avoid making another pitstop for transition refrigerants but instead make a leapfrog to climate-friendly refrigerants.  

Alternatives for high-GWP refrigerants have either been low-GWP synthetic HFCs, hydrofluoroolefins (HFOs) and their blends or natural refrigerants such as ammonia, carbon dioxide, hydrocarbons (HC) and water. Multinational companies are promoting synthetic refrigerants as drop-in replacements, allowing for continued use of existing equipment. A critical drawback of synthetic refrigerants is their detrimental impact on the climate and/or the environment. For instance, many ‘low-GWP’ HFCs have GWP values of greater than 100. The breakdown products of HFOs like Trifluoroacetic acid, on the other hand, have been found to be eco-toxic and accumulate in water bodies. Additionally, most synthetic refrigerants are fiercely guarded by patents, making them expensive.

Natural refrigerants, on the other hand, have GWP values as low as 10 and are substantially cheaper than synthetic alternatives. Other widely discussed advantages of natural refrigerants include their cost saving capacity both in terms of energy efficiency and lower maintenance costs. A major hindrance to the widespread use of natural refrigerants is their flammability and/or toxicity relative to HFCs. Technological advances have enabled the safe use of HCs and ammonia for cooling applications albeit in applications requiring low amounts of refrigerants. Widespread use of natural refrigerant-based cooling as well as expanding their applications requires safety standards and skilled labour for installation and maintenance.

In 2020, the Bureau of India Standards (BIS) adopted IEC 60335-2-40:2018 and Code of Practice for design and installation of the closed-circuit ammonia systems (MED 3 (14430)). Both of these standards target natural refrigerants, aiming to make them safe to use in all types of cooling applications.

The adoption of IEC 60335-2-40:2018 is a significant move as it allows for greater charge sizes of refrigerants like HC but with more stringent safety measures. The standard may help with widespread use of Propane (HC 290) as a refrigerant in room air conditioners and perhaps even for commercial applications.

BIS’s decision to publish the code of practice MED 3 (14430) is a critical step as it prescribes India-specific standards to cover all ammonia refrigeration applications. Notably, the Association for Ammonia Refrigeration (AAR) played a pivotal role in the creation of these standards to meet specific design/testing requirements for Indian conditions. With the implementation of these standards, ammonia refrigeration systems in India will be energy-efficient, sustainable and most importantly safe.

With safety standards of natural refrigerants in place, the way forward from here would be to promote their use by the Indian manufacturers. Towards this, the Government of India can roll-out a ‘Make in India’ program for natural refrigerant-based cooling appliances. This will create a large number of jobs in manufacturing and for installation and maintenance of these units. India can also play a major role in promoting the use of natural refrigerants in other developing countries of Asia and Africa as part of south-south cooperation.

DMFs need planning and administration reform

The Ministry of Mines has proposed a set of mining reforms to boost India’s economy and create employment opportunities in the wake of COVID-19 pandemic. The objective of the proposed reforms, as the Government suggests, is to realize the vision of “Atmanirbhar Bharat”. 

The ongoing pandemic has certainly come as a harsh reminder of how important it is to strengthen our economic base, and advance livelihood opportunities that are less vulnerable to social disruptions. Appropriate policy measures to ensure this is the need of the hour. 

In India, we already have a number of laws and regulatory provisions, that have strong underpinnings for improving local economy and reducing vulnerability of local communities. 

District Mineral Foundation (DMF) as instituted under the Mines and Minerals (Development and Regulation) Amendment Act, 2015, is one of the most significant ones in this regard. 

DMFs are in place in 583 districts, spread across 21 states of India. The funds of DMF, that come as a mandatory payment by miners operating in these districts, currently stands at nearly Rs. 40,280 crores. So far, about 41% of this money has been spent on various developmental works, as per latest government records. 

As per the law, creating sustainable livelihood opportunities, and improving people’s employability through skill development, are among the ‘high priority areas’ of DMF investments. Other priority sectors include, healthcare, education, women and child welfare, clean water supply, sanitation etc. How the money can be spent on these issues, must be determined in a planned way through a bottom-up process. What these essentially mean, is that, if implemented well, DMFs have huge potential to create income opportunities that are sustainable and secure, and improve overall developmental outcomes of some of the country’s poorest and most vulnerable people. 

Tangible asset creation will lead to misplaced DMF investments

As a component of the mining reforms, the Ministry of Mines has proposed to revise the rules and guidelines pertaining to DMF, to “improve the focus of DMF funds towards creating tangible assets” in mining-affected areas. However, this is a highly problematic proposition and will create huge scope of fund misuse. 

The focus on ‘creating tangible assets’, will make DMF any other development programme. This is not why DMF was developed. DMF has been instituted with the precise purpose of improving the lives and livelihoods of mining-affected people and areas. The law and guidelines (the Pradhan Mantra Khanij Kheshtra Kalyan Yojana), make it clear that this will require planned investments in both hard and soft resources.

However, if creation of tangible assets is prioritized, it will lead to heavy spending on physical infrastructure, and undermine the importance of investing on soft-resources, which are crucial for improving various development outcomes. For example, in mining-affected areas of most districts, a primary reason for poor healthcare is not that we do not have buildings; there is a severe shortfall of doctors, staff nurses, laboratory technicians, medical equipment, ambulances etc. Low income among people and lack of health insurance, makes it difficult for them to access private or well-equipped facilities. Similarly, for education, the biggest reason of high dropouts or poor learning outcomes among children is that there is a shortfall of good teachers, regular staff, and other facilities in the schools. 

The penchant for tangible assets will also severely undermine the scope of investments on livelihood, the key ‘purpose’ of the reforms. The trend of DMF investments over the past 5 years shows that, most states and districts have spent the least on livelihood and income generation components for local communities in the rush to ‘build’ something. The allocation towards this, accounts for only 0-4% of the total budget, while infrastructure development in all sectors, including major roads and bridges, account for the major share of investments. 

If the Government wants to improve DMF implementation, it should provide clear directions on DMF administration, planning and investments, to ensure that DMF funds are effectively used to benefit the people who need it most, and in the best possible way. Here are six crucial points on which directions need to be given:

  1. DMFs must identify the mining-affected people, the beneficiaries of this fund. Not identifying them until now has been one the major drawbacks of DMFs, and has left out some of the most distressed people.
  2. In most states and districts, there is no clear guideline till date to identify and delineate directly and indirectly mining-affected areas. This task must be prioritized to make investments targeted.
  3. Districts must have proper and dedicated administrative set-up for DMFs.  This will help in DMF planning and co-ordination, which is necessary to optimize DMF fund use. There is already scope of using up to 5% of DMF budget for this.
  4. At least 60% of DMF funds must be used on directly mining-affected areas, alongside on ‘high priority’ issues.
  5. To prevent the scope of fund mis-use and improve development outcomes, a cap should be prescribed for the percentage of DMF funds that can be spent on infrastructure development in any sector. The Government has deliberated on this earlier, and a 20%-30% cap can be prescribed. 
  6. Finally, there is no alternative to DMF planning. Ad hoc directions cannot resolve the problem with DMF investments. Every DMF must develop annual and perspective plans considering the local context. Our Constitution and governance mechanisms have repeatedly recognized the merit of local level planning. 

DMF Rules and guidelines certainly require a re-look and reform. The Ministry held a meeting on this in January 2019, and recognized the need of a much comprehensive set of directions that states and districts should follow to optimize DMF fund use. We need a reform for DMF that will truly make local communities ‘atmanirbhar’ and ensure their long-term security. This will require focus on creating sustainable livelihoods and deep investments on social infrastructure, not just a focus on creating tangible assets. 

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