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Chhattisgarh District Mineral Foundation Trust Rules, 2015

Published vide Notification No. F 7-19/2015/12, dated 22.12.2015

Last Updated 20th September, 2019 [cg244]

Chapter-I

Preliminary

(a) "Act" means the Mines and Minerals (Development And Regulation) Act, 1957 (No. 67 of 1957);

[(b) "Affected Areas/People" means areas/people affected by mining or mining related operations from a mine oi cluster of mines within the 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;]

(c) "Auditor" means the Auditor/Chartered Accountant appointed by the Governing Council, and include the Accountant General of the State or other Auditors nominated by the Settlor;

(d) "Collector" shall have the same meaning assigned to him/her under the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);

(e) "Contribution" means the contribution to be collected in the Trust from the holders of a mining lease or a composite license (prospecting license-cum-mining lease) in case of Minerals or a mining lease or a quarry lease or a quarry permit in the case of Minor Minerals in the District at such percentage of the royalty to be paid in terms of the Second Schedule of the Act, as may be prescribed by the Central Government in the case of Minerals and such percentage of royalty to be paid in the case of Minor Minerals as may be prescribed by the State Government from time to time;

(f) "Contribution Fund" means the funds collected through contribution from the holders of a mining lease or a composite license (prospecting license-cum-mining lease) in the case of Minerals or a mining lease or a quarry lease or a quarry permit in the case of Minor Minerals in the District at such percentage of the royalty paid in terms of the Second Schedule of the Act, as may be prescribed by the Central Government in the case of Minerals and such percentage of royalty paid in the case of Minor Minerals as may be prescribed by the State Government from time to time, or any other funds received by the Trust;

(g) "Form" means a Form appended to these rules;

(h) "Governing Council" means all the trustees of the District Mineral Foundation Trust;

(i) "Gram Panchayat Janpad Panchayat, Zila Panchayat and Gram Sabha" shall have the same meaning assigned to them respectively in the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

[(ii) "Minister-in-Charge" means Minister-in-Charge declared for the District by the State Government;]

(j) "Lease Area" means area granted for the purpose of undertaking prospecting or for mining operations of any mineral and/or minor minerals;

(k) "Mining" means operation undertaken for the purpose of wining any Mineral or Minor Minerals;

(l) "Managing Committee" means the Committee formed by the Settlor for the purpose of management of the affairs of the Trust;

(m) "State level Monitoring Committee" means a committee constituted under the Chairmanship of the Chief Minister to lay down the broad policy framework for the overall management of the Trusts of all Districts;

(n) "Settlor" means The Government of Chhattisgarh, represented by the Secretary, Mineral Resources Department having its Headquarter at Naya Raipur;

(o) "State Government" means the Department of Mineral Resources, Government of Chhattisgarh;

(p) "Trust" means (the name of the District) District Mineral Foundation Trust created by the Settlor;

(q) "Trust Deed" means the deed executed in Form-A by the Settlor in favour of the Trustees;

(r) "Trustee/Trustees" means the Person(s) appointed by the Settlor for the " purpose of governing the Trust;

[(rr) "Trust Fund" means as describe in Rule 20.]

(s) "Year" means a financial year beginning from April 1st and ending March 31st of the following year or part period thereof ending on March 31st.

[(t) "Empanelled Agency" shall 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 affected and indirectly affected), project monitoring, preparation of Master plan/Vision document for the development of trust schemes and social audit."]

Chapter-II

District Mineral Foundation Trust

(a) Directly affected area-where direct mining-related operations such as excavation, mining, blasting, beneficiation and waste disposal (overburdened dumps, tailing ponds, transport corridors etc.) etc. are located. These includes :-

(i) villages and Gram Panchayats within which the mines are situated and are operational. Such mining areas may extend to neigh boring village, block or district of state.

(ii) villages, in which families displaced by mines are settled/rehabilitated by the project authorities.

(iii) villages, which significantly depend on the mining areas for meeting their economic needs and have usufruct and traditional rights over the project areas, for instance, for grazing, collection of minor forest produce etc. should be considered as directly affected areas.

(b) Indirectly affected areas-Such areas where local population is adversely affected on account of economic, social and environmental consequences due to mining-related operations. The major negative impacts of mining 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, increased burden on existing infrastructure and resources.

(c) An area within such radius/distance from a mine or cluster of mines as may be specified by the Collector (within the district) and by the State Government (beyond the District), irrespective of whether the said area falls within the district concerned or adjacent/adjoining district/districts.

(d) On the basis of the above the Trust shall prepare and maintain and updated list of such directly and indirectly affected areas by mining related operations.

(a) People living/working in affected areas and the following shall be included under directly affected persons :-

(i) 'Affected family' as defined under Section 3 (c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013).

(ii) 'Displaced family' as defined under Section 3 (k) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No 30 of 2013).

(iii) Any other as appropriately identified by the concerned Gram Sabha.

(b) Persons affected by mining should also include those people who have legal and occupational rights over the land being mined, and also those with usufruct and traditional rights.

(c) Affected families should be identified, as far as possible, in consultation with elected representative of Gram Sabha.

(d) The Trust shall prepare and maintain and updated list of such affected persons/local communities.

Chapter-III

Constitution of the Trust

(1) Laying down and approving the procedure for functioning of the Trust and review the working of the trust from time to time.

[(1a) Annual Action Plan shall be approved from the Governing Council shall be based on a 5 years vision plan which should be based on the survey of the needs of the affected areas related to any district/Gram Sabha. The basic survey shall be conducted for identifying the needs of the affected areas and if needed the assistance of civil society organizations may be taken;]

(2) Approving of Annual Action Plan and the Annual Budget for the Trust which is put up for approval by the Management Committee. The Annual Action plan must be prepared and approved by the Governing Council at least one month before commencement of the year. The Annual Action Plan shall contain the list of schemes and projects with the tentative provisions thereof:

(3) Conducting social-audits of the developmental schemes/works executed from the Trust Fund in the Gram Sabha.

(4) Approving such other expenditure, in furtherance of the objects of the Trust from the available Trust Fund in such manner as may be prescribed by the Settlor.

(5) Approving the recommendations of the Managing Committee;

(6) Approving the annual reports and audited accounts of the Trust within 90 days of the close of the previous years;

(7) Ratifying the appointment of the officers on deputation, contractual or outsourcing basis as decided by the Settlor to run the Trust.

[(8) 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, identification of the affected area/people and survey as per requirement for making the vision document through the empanelled agency. If, annual receipt of district mineral foundation trust is less than rupees 25 crores, social audit, identification of the affected area/people and survey as per requirement for making vision document shall be done by the resources/ experts available in the district.]

(1) Exercise due diligence in carrying out its duties for protecting the interests of the Trust;

(2) Ensure timely collection of Contribution Fund from the concerned Lease Holders in accordance with the provisions of the Act and in the manner provided by the Settlor;

(3) Prepare the Master Plan/Vision Document for the activities of the Trust;

[(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 conducted by Empanelled Agency. The Master Plan/Vision Document shall be approved by Governing Council. Master Plan/Vision Document can be inspected by a third party at any point of time as per the directions of the settlor. The Annual Plan for the upcoming year shall be prepared by the Managing Committee and shall be approved by the Governing council in the last quarter of the financial year.]

(4) Receive proposals/projects from the Gram Panchayats, Janpad Panchayats, Zila Panchayats and the Urban Local Bodies in the District, Government Departments and Board, Corporations and State/Central Public Sector Undertakings etc. However in Scheduled areas the Managing Committee can receive proposals/projects from the Gram Sabhas of the affected areas;

(5) Coordinate, consolidate and develop the Annual plan of the Trust and the Annual Budget of the Trust along with the proposed Schemes and Projects;

(6) Supervise and ensure the execution of the Annual Plan and the approved Schemes and Projects;

(7) Accord sanction orders to the projects, release and disburse the Trust Fund for the purpose;

(8) Operate the Trust Fund and to invest the same in a diligent manner and to open Bank Accounts in scheduled commercial Banks approved by the Reserve Bank of India in the Name of the Trust and operate such accounts and investments;

(9) Monitor the progress of the utilization of Trust funds.

(10) Place the audited accounts along with an Annual Report before the Governing Council for its approval within 60 days of close of financial year.

(11) Lay down and approve procedures for the functioning of the Trust.

(12) Appointing employees and auditors as per the directions of the Settlor, however, these appointments shall require ratification by the Governing Council.

(13) Prepare and maintain a website on which, inter-alia, following information will be hosted and kept updated :-

(a) Details of composition of the Trust/bodies of Trust (if any);

(b) List of areas and people affected by mining;

(c) Quarterly details of all contributions received from lessees and others;

(d) All meeting agenda, minutes and action taken reports of the Trust;

(e) Annual Plans and budget, work orders, Annual Report;

(f) Online status of ongoing works-implementation status/progress of all the projects/programs being undertaken should be made available on the website, including description of work, details of beneficiaries, estimated cost, name of implementing agencies, expected date of commencement and completion of work, financial and physical progress up to last quarter etc.;

(g) List of beneficiaries under various welfare programs; and

(h) Voluntary disclosure under Right to Information Act, 2005 (No. 22 of 2005).

(14) Do all other things that are necessary for smooth functioning and management of the Trust.

Chapter-IV

State Level Monitoring Committee

(1) Supervise and monitor the functioning of trusts of all Districts in conformation with the objects of the Trust.

(2) Distribute the Contribution Fund received from a mine or cluster of mines among the districts affected by mining related operations of that mine or cluster of mines.

(3) Shall cause to make an online monitoring system through a portal that contains all the annual plans, sanctions and approvals given by the Trust.

(4) Shall ensure maximum transparency through use of e-governance measures in the spending and monitoring of the Trust Fund.

[(5) Shall approve the setup related to the arrangement of staff for State Level District Mineral Foundation Trust Cell.]

Chapter-V

Management of the Contribution Fund and Trust Fund

(1) The Initial Settlement made by the Settlor;

(2) Any grant, contribution or other capital assistance received from the Settlor or from any other Agency, Institution or Person;

(3) Such share of the Contribution Fund as defined in Rule 2 (1) (f) of these Rules from a mine or a cluster of mines as decided by the State Level Monitoring Committee.

(4) Investments and other deposits and the interest accrued thereon and any other income derived therefrom;

(5) All other Properties of the Trust and the Income derived therefrom or appreciation thereof; and

(6) Funds received from the Contribution fund of other districts as decided by The State Level Monitoring Committee.

(1) [The interest and benefit and overall development of affected area/people] by mining or mining related operations in accordance with the Annual Action Plan prepared by the Managing Committee and approved by the Governing Council of the Trust for the purpose;

[(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 treated as incurred on people of directly affected area.]

(2) At least 60% of the funds available with the Trust shall be utilized for High Priority areas like :-

(a) Drinking water supply. - centralized purification systems, water treatment plants, permanent/temporary water distribution network including standalone facilities for drinking water, laying of piped water supply system.

[Solar energy 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.]

(b) Environment preservation and pollution control measures. - 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 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.

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

(c) Health care. - the focus must be on creation of primary/secondary health care facilities in the affected areas. The emphasis should not be only on the creation of the health care infrastructure, but also on provision of necessary staffing, equipment and supplies required for making such facilities effective. To that extent, the effort should be to supplement and work in convergence with the existing health care infrastructure, the expertise available with the National Institute of Miners' Health may also be drawn upon to design special infrastructure needed to take care of mining related illnesses and diseases. Group Insurance Scheme for health care may be implemented for mining affected persons.

[Upgradation of health related facilities in government hospitals, such as intensive care related facilities. Creation of infrastructure facilities and all other measures to make health services effective;]

(d) Education. - construction of educational institutes and vocational training centres, 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 for students (bus/van/cycles/rickshaws etc.) and nutrition related programs.

[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;]

(e) Agriculture and allied activities. - Development of activities related to agriculture and allied activities and agro forestry. Assistance to farmers through provision of seed mini kits, financial assistance for agricultural implements and micro irrigation facilities including drip irrigation, financial assistance for bore wells and pump energisation. Assistance to farmers for allied activities of agriculture such as dairy, poultry, fisheries agro forestry etc. Forest right holders under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (No. 2 of 2007) shall also be eligible for these assistance.

[Promotion of collection, storage 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, work of promotion of the animal husbandry, Gothan development, value addition, forward and backward linkages, Farmers' Producer Organization (FPO) works, kisan bazar, work related to training and capacity building of farmers. Measures to improve the standard of living and livelihood for the mining affected forest rights leaseholders, measures to increase the production / cultivation of coarse cereals, pulses, oilseeds, jowar, millet, maize, kodo kutki etc. and to promote organic farming, plantation of fruit bearing trees;]

(f) Welfare of Women and Children. - Special programmes for addressing problems of maternal and child health, malnutrition, infectious diseases, etc.

(g) Welfare of aged and disabled people. - Special program for welfare of aged and disabled people.

[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;]

(h) Skill development and Employment. - skill development for livelihood support, income generation and economic activities for local eligible persons. The projects/schemes may include training, development of skill development centre, self employment schemes, support to Self Help Groups and provision of forward and backward linkages for such self-employment economic activities, promotion of Innovation, Entrepreneurship and Assistance to Incubation centre.

(i) Sanitation. - collection, transportation and disposal of waste, cleaning of public places, provision of proper drainage and Sewage Treatment Plant, provision for disposal of faucal sludge, provision of toilets and other related activities.

[(j) Public welfare : - Provision, as per the direction of State Government, for programmes and schemes related with public welfare activities of Central Government and State Government.]

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

(l) for works related to sub rule (2), for gap filling of human resources such as doctors, paramedics, nurses and teachers, etc. as per the government approved set-up.]

(3) Rest 40% of the Trust funds shall be spent on other priority areas like :-

(a) Physical infrastructure. - providing required physical infrastructure such as roads, bridges, railways, waterways, airports, industrial parks/ clusters and other industrial infrastructure etc.;

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

(b) Irrigation. - developing of irrigation, adoption of suitable and advanced irrigation techniques;

[Minor irrigation projects, lift irrigation (including installation of solar power pumps), water shed, priority will be given to work related to sustainable irrigation facilities in the directly affected areas.]

(c) Energy and Watershed Development. - Electrification of households from conventional electricity and renewable sources of energy and strengthening of electricity infrastructure. 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.

(d) Any other infrastructure work that the State Government may direct from time to time.

[(e) Public Transport - expansion of transportation facility projects through individuals and societies of directly affected areas.

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

(4) Various development and infrastructure related projects of Government departments, Corporations and Boards through direct funding method, Public Private partnership mode;

(5) Matching/gap filling of arrangement for qualified human resources like doctors, paramedics and teachers etc.;

(6) Supplementing Government schemes/programmes related to areas mentioned in sub-rule (2) and (3);

(7) Training and capacity building of Gram Sabhas for planning and monitoring of various developmental schemes executed under the Trust Funds;

(8) An amount not exceeding 5% or Rs. One crore, whichever is less, of the Trust Fund actually received by the Trust in the financial year in a District may be spent by the Trust for meeting its administrative or establishment expenses in that financial Year :

(9) A reasonable sum of annual receipt should be kept as endowment for providing sustainable livelihood.

[(10) Sanction order for the works approved by the Governing Council for expenditure from the Trust Fund shall be issued by the Ex-officio Chairperson of the Managing Committee.]

(1) All expenses properly incurred in the operation or execution of the Trust and for the realization, preservation or benefit of the investments and assets comprising of the Trust Fund and for the protection of the interests of the Trust;

(2) All expenses (including expenses incidental to execution and/or registration of any agreement or other deeds) incurred by the Trustees for obtaining the Contributions and/or any other resources, which may accrue;

(3) all expenses in connection with any legal proceedings by or against the Trustees concerning the affairs of the Trust including professional fees and costs of any legal adviser;

(4) All legal and statutory expenses incurred in the operation or execution of the Trust including all levies, duties and other charges paid/payable in connection with the affairs of the Trust; and

(5) All expenses in connection with the holding of its meetings, and other proceedings and expenditure incurred on planning, execution, inspections, reviews and preparation of projects, hiring of consultants, third party inspections, auditors and such other expenses incidental thereof.

Chapter-VI

Administrative Arrangements

Chapter-VII

Miscellaneous

(1) Approval of the Gram Sabha shall be required :-

(a) For all plans, programs and projects to be taken up by Gram Panchayats;

(b) Identification of beneficiaries under the existing guidelines of the Government.

(2) Report on the works undertaken in the respective village shall be furnished to the Gram Sabha after completion of every financial year.

Form-A

District Mineral Foundation Trust Deed

By

In Favour of

(a) "Act" means the Mines and Minerals (Development And Regulation) Act, 1957 (No. 67 of 1957);

[(b) "Affected Areas/People" means areas/people affected by mining or mining related operations from a mine or cluster of mines within the 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;]

(c) "Auditor" means the Auditor/Chartered Accountant appointed by the Governing Council, and include the Accountant General of the State or other Auditors nominated by the Settlor;

(d) "Collector" shall have the same meaning assigned to him/her under the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959);

(e) "Contribution" means the contribution to be collected in the Trust from the holders of a mining lease or a composite license (prospecting license-cum-mining lease) in case of Minerals or a mining lease or a quarry lease or a quarry permit in the case of Minor Minerals in the District as such percentage of the royalty to be paid in terms of the Second Schedule of the Act, as may be prescribed by the Central Government in the case of Minerals and such percentage of royalty to be paid in the case of Minor Minerals as may be prescribed by the State Government from time to time;

(f) "Contribution Fund" means the funds collected through contribution from the holders of a mining lease or a composite license (prospecting license-cum-mining lease) in the case of Minerals or a mining lease or a quarry lease or a quarry permit in the case of Minor Minerals in the District at such percentage of the royalty paid in terms of the Second Schedule of the Act, as may be prescribed by the Central Government in the case of Minerals and such percentage of royalty paid in the case of Minor Minerals as may be prescribed by the State Government from time to time, or any other funds received by the Trust;

(g) "Governing Council" means all the trustees of the District Mineral Foundation Trust;

(h) "Gram Panchayat Janpad Panchayat, Zila Panchayat and Gram Sabha" shall have the same meaning assigned to them respectively in the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994);

(i) "Lease Area" means area granted for the purpose of undertaking prospecting or for mining operations of any mineral and/or minor minerals;

[(ii) "Minister-in-Charge" means Minister-in-Charge declared for the District by the State Government;]

(j) "Mining" means operation undertaken for the purpose of wining any Mineral or Minor Minerals;

(k) "Managing Committee" means the Committee formed by the Settlor for the purpose of management of the affairs of the Trust;

(l) "State level Monitoring Committee" means a committee constituted under the Chairmanship of the Chief Minister to lay down the broad policy framework for the overall management of the Trusts of all Districts;

(m) "Settlor" means The Government of Chhattisgarh, represented by the Secretary, Mineral Resources Department having its Headquarter at Naya Raipur;

(n) "State Government" means the Department of Mineral Resources, Government of Chhattisgarh;

(o) "Trust" means (the name of the District) District Mineral Foundation Trust created by the Settlor;

(p) "Trust Deed" means the deed executed in Form-A by the Settlor in favour of the Trustees;

(q) "Trustee/Trustees" means the Person(s) appointed by the Settlor for the purpose of governing the Trust;

(r) "Year" means a financial year beginning from April 1st and ending March 31st of the following year or part period thereof ending on March 31st.

[(s) "Trust Fund" means as describe in Rule 20.

(t) "Empanelled Agency" shall 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 affected and indirectly affected), project monitoring, preparation of Master plan/ Vision document for the development of trust schemes and social audit.]

Chapter-II

District Mineral Foundation Trust

(a) directly affected area-where direct mining-related operations such as excavation, mining, blasting, beneficiation and waste disposal (overburdened dumps, tailing ponds, transport corridors etc.) etc. are located. These include :-

(i) villages and Gram Panchayats within which the mines are situated and are operational. Such mining areas may extend to neigh boring village, block or district of state.

(ii) villages, in which families displaced by mines are settled/rehabilitated by the project authorities.

(iii) villages, which significantly depend on the mining areas for meeting their economic needs and have usufruct and traditional rights over the project areas, for instance, for grazing, collection of minor forest produce etc. should be considered as directly affected areas.

(b) Indirectly affected areas-Such areas where local population is adversely affected on account of economic, social and environmental consequences due to mining-related operations. The major negative impacts of mining 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, increased burden on existing infrastructure and resources.

(c) An area within such radius/distance from a mine or cluster of mines as may be specified by the Collector (within the district) and by the State Government (beyond the District), irrespective of whether the said area falls within the district concerned or adjacent/adjoining district/districts.

(d) On the basis of the above the Trust shall prepare and maintain an updated list of such directly and indirectly affected areas by mining related operations.

(a) People living/working in affected areas and the following shall be included under directly affected persons

(i) 'Affected family' as defined under Section 3 (c) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013).

(ii) 'Displaced family' as defined under Section 3 (k) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (No. 30 of 2013).

(iii) Any other as appropriately identified by the Concerned Gram Sabha.

(b) Persons affected by mining should also include those people who have legal and occupational rights over the land being mined, and also those with usufruct and traditional rights.

(c) Affected families should be identified, as far as possible, in consultation with elected representatives of Gram Sabha.

(d) The Trust shall prepare and maintain and updated list of such affected persons/local communities.

Chapter-III

Constitution of the Trust

(1) Laying down and approving the procedure for functioning of the Trust and review the working of the trust from time to time.

[(1a) Annual Action Plan shall be approved from the Governing Council shall be based on a 5-year vision plan which should be based on the survey of the needs of the affected areas related to any district/Gram Sabha. The basic survey shall be conducted for identifying the needs of the affected areas and if needed the assistance of civil society organizations may be taken.]

(2) Approving of Annual Action Plan and the Annual Budget for the Trust which is put up for approval by the Management Committee. The Annual Action plan must be prepared and approved by the Governing Council at least one month before commencement of the year. The Annual Action Plan shall contain the list of schemes and projects with the tentative provisions thereof:

(3) Conducting social-audits of the developmental schemes/works executed from the Trust Fund in the Gram Sabha.

(4) Approving such other expenditure, in furtherance of the objects of the Trust from the available Trust Fund in such manner as may be prescribed by the Settlor.

(5) Approving the recommendations of the Managing Committee;

(6) Approving the annual reports and audited accounts of the Trust within 90 days of the close of the previous years;

(7) Ratifying the appointment of the officers on deputation, contractual or outsourcing basis as decided by the Settlor to run the Trust.

(1) Exercise due diligence in carrying out its duties for protecting the interests of the Trust;

(2) Ensure timely collection of Contribution Fund from the concerned Lease Holders in accordance with the provisions of the Act and in the manner provided by the Settlor;

(3) Prepare the Master Plan/Vision Document for the activities of the Trust;

(4) Receive proposals/projects from the Gram Panchayats, Janpad Panchayats, Zila Panchayats and the Urban Locai Bodies in the District, Government Departments and Board, Corporations and State/Central Public Sector Undertakings etc. However in Scheduled areas the Managing Committee can receive proposals/projects from the Gram Sabhas of the affected areas;

(5) Coordinate, consolidate and develop the Annual plan of the Trust and the Annual Budget of the Trust along with the proposed Schemes and Projects;

(6) Supervise and ensure the execution of the Annual Plan and the approved Schemes and Projects;

(7) Accord sanction orders to the projects, release and disburse the Trust Fund for the purpose;

(8) Operate the Trust Fund and to invest the same in a diligent manner and to open Bank Accounts in scheduled commercial Banks approved by the Reserve Bank of India in the Name of the Trust and operate such accounts and investments;

(9) Monitor the progress of the utilization of Trust funds.

(10) Place the audited accounts along with an Annual Report before the Governing Council for its approval within 60 days of close of financial year.

(11) lay down and approve procedures for the functioning of the Trust.

(12) Appointing employees and auditors as per the directions of the Settlor, however, these appointments shall require ratification by the Governing Council.

(13) Prepare and maintain a website on which, inter-alia, following information will be hosted and kept updated :-

(a) Details of composition of the Trust/bodies of Trust (if any);

(b) List of areas and people affected by mining;

(c) Quarterly details of all contributions received from lessees and others;

(d) All meeting agenda, minutes and action taken reports of the Trust;

(e) Annual Plans and budget, work orders, Annual Report;

(f) Online status of ongoing works-implementation status/progress of all the projects/programs being undertaken should be made available on the website, including description of work, details of beneficiaries, estimated cost, name of implementing agencies, expected date of commencement and completion of work, financial and physical progress up to last quarter etc.;

(g) List of beneficiaries under various welfare programs; and

(h) Voluntary disclosure under Right to Information Act, 2005 (No. 22 of 2005).

(14) Do all other things that are necessary for smooth functioning and management of the Trust.

Chapter-IV

State Level Monitoring Committee

(1) Supervise and monitor the functioning of the trusts of all Districts in conformation with the objects of the Trust.

(2) Distribute the Contribution Fund received from a mine or cluster of mines among the districts affected by mining related operation of that mine or cluster of mines.

(3) Shall cause to make an online monitoring system through a portal that contains all the annual plans, sanctions and approvals given by the Trust.

(4) Shall ensure maximum transparency through use of e-governance measures in the spending and monitoring of the Trust Fund.

Chapter-V

Management of the Contribution Fund and Trust Fund

(1) The Initial Settlement made by the Settlor;

(2) Any grant, contribution or other capital assistance received from the Settlor or from any other Agency, Institution or Person;

(3) Such share of the Contribution Fund as defined in Claus 2 (1) (f) of this deed from a mine or a cluster of mines as decided by the State Level Monitoring Committee.

(4) Investments and other deposits and the interest accrued thereon and any other income derived therefrom;

(5) All other Properties of the Trust and the Income derived therefrom or appreciation thereof; and

(6) Funds received from the Contribution fund of other districts as decided by The State Level Monitoring Committee.

(1) [For the interest and benefit and overall development of affected area/people] by mining or mining related operations in accordance with the Annual Action Plan prepared by the Managing Committee and approved by the Governing Council of the Trust for the purpose;

[(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 treated as incurred on people of directly affected area.]

(2) At least 60% of the funds available with the Trust shall be utilized for High Priority areas like :-

(a) Drinking water supply. - centralized purification systems, water treatment plants, permanent/temporary water distribution network including standalone facilities for drinking water, laying of piped water supply system.

[Solar energy 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.]

(b) Environment preservation and pollution control measures. - 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 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.

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

(c) Health care. - the focus must be on creation of primary/secondary health care facilities in the affected areas. The emphasis should not be only on the creation of the health care infrastructure, but also on provision of necessary staffing, equipment and supplies required for making such facilities effective. To that extent, the effort should be to supplement and work in convergence with the existing health care infrastructure, the expertise available with the National Institute of Miners' Health may also be drawn upon to design special infrastructure needed to take care of mining related illnesses and diseases. Group Insurance Scheme for health care may be implemented for mining affected persons.

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

(d) Education. - construction of educational institutes and vocational training centres, 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 for students (bus/van/cycles/rickshaws etc.) and nutrition related programs.

[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.]

(e) Agriculture and allied activities. - Development of activities related to agriculture and allied activities and agro forestry. Assistance to farmers through provision of seed mini kits, financial assistance for agricultural implements and micro irrigation facilities including drip irrigation, financial assistance for bore wells and pump energisation. Assistance to farmers for allied activities of agriculture such as dairy, poultry, fisheries agro forestry etc. Forest right holders under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (No. 2 of 2007) shall also be eligible for these assistance,

[Promotion of collection, storage 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 related to training and capacity building of farmers, measures to improve the standard of living and livelihood for the mining affected forest rights leaseholders, measures to increase the production / cultivation of coarse cereals, pulses, oilseeds, jowar, millet, maize, kodo kutki etc. and to promote organic farming, plantation of fruit bearing trees.]

(f) Welfare of Women and Children. - Special programmes for addressing problems of maternal and child health, malnutrition, infectious diseases, etc.

(g) Welfare of aged and disabled people. - Special program for welfare of aged and disabled people.

[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.]

(h) Skill development and Employment.-Skill development for livelihood support, income generation and economic activities for local eligible persons. The projects/schemes may include training, development of skill development centre, self employment schemes, support to Self Help Groups and provision of forward and backward linkages for such self-employment economic activities, promotion of Innovation, Entrepreneurship and Assistance to Incubation centre.

(i) Sanitation.-collection, transportation and disposal of waste, cleaning of public places, provision of proper drainage and Sewage Treatment Plant, provision for disposal of faucal sludge, provision of toilets and other related activities.

[(k) Sustainable livelihood. - Works related to measures to improve the income and standard of living of the local community in the directly affected areas, and various measures for livelihood and capacity building, rural industry and handicrafts, measures to improve the standard of living of forest rights holders.

(l) for works related to sub-clause (2), for gap filling of human resources such as doctors, paramedics, nurses and teachers, etc. as per the government approved setup.]

(3) Rest 40% of the Trust funds shall be spent on other priority areas like :-

(a) Physical infrastructure. - providing required physical infrastructure such as roads, bridges, railways, waterways, airports, industrial parks/ clusters and other industrial infrastructure etc.;

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

(b) Irrigation. - developing of irrigation, adoption of suitable and advanced irrigation techniques;

[Minor irrigation projects, lift irrigation (including installation of solar power pumps), water shed, priority will be given to work related to sustainable irrigation facilities in the directly affected areas.]

(c) Energy and Watershed Development. - Electrification of households from conventional electricity and renewable sources of energy and strengthening of electricity infrastructure. 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.

(d) Any other infrastructure work that the State Government may direct from time to time.

[(e) Public transport - expansion of transportation facility projects through individuals and societies of directly affected areas.

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

(4) Various development and infrastructure related projects of Government departments, Corporations and Boards through direct funding method, Public Private partnership mode;

(5) Matching/gap filling of arrangement for qualified human resources like doctors, paramedics and teachers etc.;

(6) Supplementing Government schemes/programmes related to areas mentioned in sub-clause (2) and (3);

(7) Training and capacity building of Gram Sabhas for planning and monitoring of various developmental schemes executed under the Trust Funds;

(8) An amount not exceeding 5% or Rs. One crore, whichever is less, of the Trust Fund actually received by the Trust in the financial year in a District may be spent by the Trust for meeting its administrative or establishment expenses in that financial Year :

(9) A reasonable sum of annual receipt should be kept as endowment for providing sustainable livelihood.

[(10) Sanction order for the works approved by the Governing Council for expenditure from the Trust Fund shall be issued by the Ex-officio Chairperson of the Managing Committee.]

(1) All expenses properly incurred in the operation or execution of the Trust and for the realization, preservation or benefit of the investments and assets comprising of the Trust Fund and for the protection of the interests of the Trust;

(2) All expenses (including expenses incidental to execution and/or registration of any agreement or other deeds) incurred by the Trustees for obtaining the Contributions and/or any other resources, which may accrue;

(3) all expenses in connection with any legal proceedings by or against the Trustees concerning the affairs of the Trust including professional fees and costs of any legal adviser;

(4) All legal and statutory expenses incurred in the operation or execution of the Trust including all levies, duties and other charges paid/payable in connection with the affairs of the Trust; and

(5) All expenses in connection with the holding of its meetings, and other proceedings and expenditure incurred on planning, execution, inspections, reviews and preparation of projects, hiring of consultants, third party inspections, auditors and such other expenses incidental thereof.

Chapter-VI

Administrative Arrangements

Chapter-VII

Miscellaneous

(1) Approval of the Gram Sabha shall be required ;-

(a) For all plans, programs and projects to be taken up by Gram Panchayats;

(b) Identification of beneficiaries under the existing guidelines of the Government.

(2) Report on the works undertaken in the respective village shall be furnished to the Gram Sabha after completion of every financial year.

Schedule

1. Cash contribution to the Corpus Fund of the Trust of Rupees............... (in words Rupees....................................only)

2. Properties of...........................................................

3. Assets of.......................................................