Geogrophical location of villages at lohandiguda with distan

COMMON LETTER TO CHIEF MINISTERS OF ORISSA, CHHATTISGRH AND JHARKHAND

TRIBAL WELFARE SOCIETY

(HO: New Delhi)

Zonal Office (East Zone)

[Covering Chhattisgarh, Orissa, Jharkhand and W. Bengal]

A/3, Indrajeet Complex; High Court Road Bilaspur 495-001. (Chhattisgarh)

Email: tribalwelfare@gmail.com

BY ELECTRONIC MAIL

Dated: 25^h July, 2007

I

To,

The Hon’ble Chief Minister

GovT. of Orissa

Bhubneswar, Orissa

AND

The Hon’ble Chief Minister

Govt. of Chhattisgarh

Raipur. Chhattisgarh

AND

To,

The Hon’ble Chief Minister

Govt. of Jharkhand

Ranchi. Jharkhand

Sub : Long term strategic interest of the states of Chhattisgarh, Orissa and Jharkhand / laughable low rates of Royalty on Iron ore, Bauxite etc.,

Ref : Framing of new mining policy in the light of recommendations of the GoM of Govt. of India recommending New Mining policy

Respected Sirs,

Most humbly draw we draw your kind attention to the subject under reference, with hope that it will find best of your attention in the larger interest of the people of your states who are amongst the poorest people of the country despite state possess huge natural wealth. Serious questions are raised, why this scenario?

Many believe that due to rampant corruption such is the situation. How ever, out studies has revealed that it is the faulty mining policies practiced by the states, surrendering to the dictates of the union government. People laugh at the rate of Royalty that is to be paid by the mining companies.

It will be misconceived for the state to consider itself to be the owner of the scare natural resources but infect the same is held in the utmost public trust to serve/ utilize the scarce resources with the care. The resources cannot be spent at the throw away prices. The policy is for a better today and therefore it should be progressive with forward looking cherishing the goals of sustainable development. As such it is not only your moral duty but constitutional obligation also to practice realistic approach based on International market in the long term strategic interest of the state and its people, more particularly when we talk a lot about globalization.

No body is authorized to mortgage long term strategic interests of farmers / tribals who also enjoys equal right to earn livelihood, own property, equal living and above all protect their fundamental rights. While industrialists are pampered by showering huge sops in the name of development, Farmers / Tribals are brutally treated.

While handful persons create huge wealth by the virtual loot of mineral wealth, millions of poor are made pauper by leaving them alone to struggle for rest of their lives. Lack of trust towards the authorities has been exhibited in accidents like Kalinga Nagar and Nandigram. This cannot be defined as development. Our experience so far is that the tribals are the victims of the development and not its beneficiaries.

The doubt of the people that there exists an unholy nexus between the Industrialists and state officials stands exposed by the simple fact that the authorities by issuing Mining licenses at present laughably low royalty rates are infect issuing licenses to commit day light robbery of the mineral wealth. The nexus stands exposed by the simple fact that though the mining and industrial units do huge environmental loss, silence maintained by the state. This is just one proof of the existing nexus, besides the experiences of how the public hearing are held under the barrel of gun to crush the democratic voices of the poor people. It is also not a secret that to grab land of farmers/tribals, how “PRIVATE INTEREST” become “PUBLIC INTEREST”.

There is an urgent need to adopt a realistic mining policy with royalties based on market prices that can be the key to speedy development that can take the state equal to the front runner states of India. The three states with proper mining policies can be zero tax states of the country that can bring the prosperity of all and not a handful few. You will agree with us that the present rates are laughably low. For example Iron Ore whose international market price as on date is around US $ 86 to 88 [INR 3600/-] the Rate of Royalty at the lowest slab is Rs. 4/- per ton to the highest for best variety of 65% iron content is Rs. 27/- per M.Ton. Mining costs are about Rs. 225/- per Ton. There are every indication that the iron ore prices are going to cross US $ 100 in the near future. Similar is the situation with Bauxite and other precious natural minerals. How can you deny that the licenses issued by you are virtually permissions to commit day light robbery? It is surprising that despite such looting is going on in broad day light, your officials have failed to invite your attention nor informed the public about what is going on behind their back.

Under the circumstances, We urge upon you all the supreme authorities of the three natural wealth rich states to form a joint committee to create a pressure group by forming a cartel similarly in lines with Oil Producing and Exporting Countries [OPEC] have formed to demand market based realistic share of the natural wealth like Iron ore / Bauxite and other costly natural minerals. The need is also to strongly oppose jointly the dictates of the central government to harp on the constitutional rights of the states. If center doesn’t agree, you the state have enough power in your hand to ensure that the natural wealth of the state is preserved for future and not looted.

We look forward to all of you with a great hope that your actions will result in the better future for the people of state by proper exploitation of natural wealth.

Thanking you and with warm regards

Yours truly

For Tribal Welfare Society

S/d

(Pravin Patel)

General Secretary, Central Committee and

Director, East Zonal Affairs.

Note: Confirmation in shape of hard copy goes by regular postal services.

SAFEGUARDS AVAILABLE TO TRIBALS UNDER THE CONSTITUTION OF INDIA

SAFEGUARDS AVAILABLE TO TRIBALS

UNDER THE PROVISIONS OF CONSTITUTION OF INDIA

I. Educational & Cultural Safeguards

Art. 15(4):- Special provisions for advancement of other backward classes (which cludes STs);

Art. 29:- Protection of Interests of Minorities (which cludes STs);

Art. 46:- “The State shall promote, with special care, the educational and economic interests of the weaker sections of the people, and in particular, of the Scheduled Castes, and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation,”

Art. 350:- Right to conserve distinct Language, Script or Culture;

Art. 350:- Instruction in Mother Tongue.

II.Social Safeguard

Art. 23:- Prohibition of traffic in human beings and beggar and other similar form of forced labour;

Art. 24:- Forbidding Child Labour.

III. Economic Safeguards

Art.244:- Clause(1) Provisions of Fifth Schedule shall apply to the administration & control of the Scheduled Areas and Scheduled Tribes in any State other than the states of Assam, Meghalaya, Mizoram and Tripura which are covered under Sixth Schedule, under Clause (2) of this Article.

Art. 275:- Grants in-Aid to specified States (STs&SAs) covered under Fifth and Sixth Schedules of the Constitution.

IV. Political Safeguards

Art.164(1):- Provides for Tribal Affairs Ministers in Bihar, MP and Orissa;

Art. 330:- Reservation of seats for STs in Lok Sabha;

Art. 337- Reservation of seats for STs in State Legislatures;

Art. 334:- 10 years period for reservation (Amended several times to extend the period.);

Art. 243:- Reservation of seats in Panchayats.

Art. 371:- Special provisions in respect of NE States and Sikkim

V. Service Safeguards

(Under Art.16(4),16(4A),164(B) Art.335, and Art. 320(40)

Safeguards under Various laws

(1) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989 and the Rules 1995 framed there under.

(2) Bonded Labour System (Abolition) Act 1976 (in respect of Scheduled Tribes);

(3) The Child Labour (Prohibition and Regulation) Act1986;

(4) States Acts & Regulations concerning alienation & restoration of land belonging to STs;

(5) Forest Conservation Act 1980;

(6) Panchayatiraj (Extension to Scheduled Areas) Act 1996;

(7) Minimum Wages Act 1948.

Seminar at Raipur. Industrilisation of Bastar for whose development? Tatas or Tribals?

Part- III of CORPORATE MANSLAUGHTER VEDANTA’S KILLER CHIMNEY at Korba Part –III

Face Saving Exercise of Vedanta’s Balco falls flat on its face

CORPORATE MANSLAUGHTER

VEDANTA’S KILLER CHIMNEY at Korba

Part –III

By Pravin Patel


In this massive tragedy resulted in loss of lives of many poor workers, caused in the manmade tragedy burying many workers alive in the rubble of the under construction chimney that caved in and collapsed after it was constructed up to a height of 253 meters. first of its kind in the entire country so far at Vedanta Resources plc owned Balco, it is expected that all the three corporations BALCO, SEPCO & GDCL who are duty bound to behave as a responsible corporate citizens have failed to do so. Though it was required that the officials of all the three companies should have stayed at site and put in all their resources to rescue the workers from the rubble, they preferred to fled away is the proof of their irresponsible corporate social behaviors.

On the contrary, they tried to save their skin, even at the cost of selling falsehood and playing blame game, particularly by Vedanta group of companies. 89 member Chinese staff of Shandong Electric Power Construction Corporation (SEPCO), China, even made their best effort to escape from the country, which ultimately failed as the Immigration authorities across the countries were already alerted that a number of Chinese employees had fled Korba. Officials at airports were asked not to allow these 89 Chinese to leave the country. Four Chinese engineers who made attempts to flee through IGI airport at New Delhi and later again few more made futile attempt to leave the country from Kolkatta on flight to Singapore were failed by the vigilant immigration officials. None of the officials of GDCL were in sight at Korba with whom we could talk.

False hood of selling the theory of “Excessive rains and Lightning”

Though none of the officials of all the three corporations were seen at site when it was needed the most, Balco tried to show case as if they are very busy with relief and rescue work. It makes us laugh at their repeated efforts to cover up the crime committed by them by their act of criminal negligence in carelessly constructing the ill fated chimney that killed many poor workers. Story of “Excessive rains and lightning as the cause of tragedy” was not only created instantly but all out efforts were made to show case the manmade tragedy as that of a natural calamity right from Vedanta Resources plc, Sterlite Industries at Mumbai and also at Korba by Balco.

"A probable reason for the incident appears to be the excessive rains and lightning," said a statement from Vedanta Resources plc...

As per the news published in The Hindu, the very next day of the chimney collapsed at Korba, Sterlite Industries, a part of Vedanta Group issued a statement to the National Stock Exchange at Mumbai - “A probable reason for the incident appears to be the excessive rains and lightning at Korba,'' and also it says further that “The exact cause for this will, however, be ascertained only after a detailed investigation is concluded''



But much before the investigation the theory of "Excessive rains and lightning" was also confirmed which is seen in the statement of Mr. Gunjan Gupta, CEO, BALCO at Korba, who after the Chimney collapsed stated similarly. Even he went one step ahead by putting in advertisements that were published in local newspapers that heavy rains and lightning caused chimney collapsed and is a natural disaster.

Mr. B.K. Srivastava, Chief of Corporate Communication of BALCO also tried to sell us the story of lighting and heavy rain. On being questioned, he stated that he has never seen such heavy rains and lighting in his entire life as he saw on that day. When asked that there are allegations of using sub standard material and poor quality of workmanship has caused the tragedy, he denied it and stated they believe in quality of workmanship.

Controversies created by BALCO to sale falsehood from day one.

He even tried to convince us with the opinion of one Mr. Jagdish Prasad, an expert in Civil engineering from Indian Institute of Technology, (IIT) Roorkee, who visited the site on their invitation. Mr. Srivatatava stated to us that even that civil engineering expert is also of the opinion that due to lightning and heavy rains, the Chimney could have collapsed. Later it came out that Prof. S.N.Sinha of IIT Delhi also shared similar views in his three page report

FACE SAVING EXERCISE TO ESCAPE PENAL ACTION

Indian Institutes of Technology (IIT) Delhi and Roorkee both are premier institute of India having a very high reputation. Their names have been drawn into a controversy over its civil engineering experts allegedly drawing inference — much before completion of any scientific studies — that "lightning" was the cause of Bharat Aluminum Company Limited (BALCO) power plant's chimney collapse.

Engineers from other companies who were at the spot engaged in the rescue work are of the opinion that instead of open cast method, pile foundation seems to have been done which has caved in. Experts from other power plants like NTPC and State Electricity Board have also stated that they have never heard of lightning striking down the industrial chimneys any where in the country. They are of the opinion that insufficient depth of the foundation, design failure, inadequacies in concrete ration, reinforcement and not doing the curing are also stated to be major reasons.

Korba S.P. Mr. Dangi is stated to have issued notices to BALCO and GDCL to produce the reports prepared by their respective consultants. Notice was also being issued to IIT Delhi, asking it to explain when and where they collected the samples and to explain the basis on which its expert drew such an inference. Later it has come out that Prof. Jagdish Prasad visited the site as the consultant for BALCO and Prof. Sinha as the consultant for GDCL. Professor Dr S N Sinha’s three-page report draws inference on the basis of information supplied by his client, that the chimney collapsed due to lightning,” Earlier, Professor Jagdish Prasad had also come to a similar conclusion at Korba. While Prof Sinha could not be contacted for comment, Prof Prasad is stated to have said, “There may be other reasons, including poor quality material and design problems. Process of testing and analysis of samples collected from the site are still on. It could take about three months to reach a final conclusion.”

Who are these Prof. Jagdish Prasad and Prof. S.N.Sinha?

Prof Jagdish Prasad Jain is a civil engineer, working as a freelancer, visited the accident site as a consultant for BALCO, where as Prof Sinha was a consultant for M/s GDCL.

Korba SP Ratanlal Dangi wrote to the Director of the Indian Institute of Technology, Roorkee asking him to furnish all documents and other details on the basis of which its civil engineering expert Prof. Jagdish Prasad made a public statement that the Chimney collapsed
“due to lightning” and the other chimney was in perfect shape.” “When police investigation was progressing, stated Korba S.P. Mr. Dangi.

While IIT Delhi Professor Dr S N Sinha’s three-page report draws inference on the basis of information supplied by his client that the chimney collapsed due to lightning, IIT Roorkee Professor Jagdish Prasad also shares similar conclusion. While Prof Sinha could not be contacted for comment, Prof Prasad is stated to have said, “There may be other reasons, including poor quality material and design problems. Process of testing and analysis of samples collected from the site are still on. It could take about three months to reach a final conclusion.”
Bubble of falsehood finally bursts.

No lightning strike, it was careless work

States the Report of National Institute of Technology, Raipur.

State Authorities had entrusted National Institute of Technology, Raipur (NIT) the task to investigate the matter of reasons of collapse of chimney. NIT completed its investigations and submitted its report in the first week of January, 2010, exactly after 103 days of the collapse of the ill fated chimney. In its investigation report, prepared by four civil engineering experts at NIT, they dismissed the theory that lightning could have caused the chimney collapse at the BALCO plant. The report also says that no melted rebars were found at the site and postmortem reports of victims did not indicate death due to burning.

In its conclusion, the experts said the soil investigation had not been carried out properly and careless, poor construction practice and workmanship were noticed in the construction of piles. “There has been a construction blunder in pile and pile cap connection. Improper cement content in the concrete mix and non-availability of proper instruments for temperature measurement were also noticed,”

The actions of BALCO can be described as a face saving exercise to put a veil on their faces by labeling the manmade tragedy or to bluntly say, the corporate manslaughter for which they are directly responsible but to save their face and escape to show off to what they did at for the world major Vedanta and to escape from the responsibilities from the consequences of the chimney collapse. The expert committee of NIT Raipur has held all three companies -- BALC0, GDCL and China's Shandong Electric Power Construction Corporation (SEPCO) -- prima facie responsible.

Mr. Vivek Sharma, Police officer who investigates the matter had earlier stated that a full investigation would be carried out, including the questioning of senior Balco officials, with the possibility of criminal charges if there was evidence of negligence.

On 4th January, 2010, Korba Police filed 1,000-page charge sheet in the court of Judicial Magistrate Saroj Nandadas, named four top company officials and engineers as accused in the state's worst industrial accident. While Three Balco officials, One GDCL official were already in judicial custody, three Chinese staffs of SEPCO were also arrested after the filing of charge sheet.

END OF PART - III

Note: Part IV / V will cover Judicial custody of the officials charge sheeted and related matter and also our visit to the families of those who died in the tragedy” & unanswered questions.

Part- II of CORPORATE MANSLAUGHTER ! ! ! VEDANTA’S KILLER CHIMNEY at Korba Part - II

CORPORATE MANSLAUGHTER ! ! !

VEDANTA’S KILLER CHIMNEY at Korba

Part –II

Rescue operations or Hiding Operations ?????

By Pravin Patel

Workers from BALCO’s other plant were amongst the firsts to rush to rescue their fellow workers. Those workers who were having their duties in the night shift, more particularly those engaged in the Chimney construction rushed in on hearing the news to rescue their fellow workers. However, security staff of BALCO prevented them at the gate, but they made their forceful entry even at the cost of entering in tussle with the security staff.

Hundreds of residents of the area, many social activists from various NGOs and trade union workers from other industrial Plants joined the rescue work immediately who worked day and night even without food. National Thermal Power Corporation (NTPC), South Eastern coal Fields Ltd (SECL), Lenco Amarkantak Power Plant (LAPP) joined with their men and heavy earth moving machineries. By this time police and district administration also reached to the site. There was chaos all around.
























All these people worked day and night in their effort to rescue any one who may be alive. Few persons who are injured had been rushed to hospital. It was a very big task for those who were involved in the rescue work. After two days. An expert team of rescuers with their specialized equipments also reached the site from neighboring state of Odisha. This gave a speed to the rescue work but all hopes of finding any one alive were almost lost. Even the dead bodies scavenged from the rubble were mutilated and in a very bad shape. Even there were scenes of dogs searching human body parts from rubble that was thrown on the ring road. A dog was shown on a local electronic media running away with a portion of the lower leg of a human body.




















Immediately after the collapse of Chimney most of those workers who were either in the night shift or survived the tragedy narrowly, as they left the chimney just before minutes of its collapse for some other reasons were in great shock. Some of the survivors who were near by the chimney and were rushing to safety were also trapped, who have sustained injuries and were treated.
Almost all the migratory workers who were engaged in the construction work left for their home states, out of fear, and panic. Some of them have stated that they were asked to go back by some persons whom they believed to be the agents of the company.

BALCO Chimney collapse has not only shocked the people all over the state of Chhattisgarh but also raised hundreds of questions in the minds of people on how safety standards are ignored or compromised in the industrial sector of the state.

Mr. Nanki Ram Kanwar, Home Minister in the Government of Chhattisgarh, while visiting the accident site, announced compensation of Rs. One Lakh to be paid by the state government to the families who have lost their bread earner in this huge tragedy. Chief Minister Mr. Raman Singh, Home Minister and local MLA Mr.Nanki Ram Kanwar, Another senior minister Mr. Brij Mohan Agarwal, Former Chief Minister Shri Ajit Jogi are all the leading politicians who visited the accident site.









Mr. Raman Singh, stated at the accident site stated that it was unfortunate that the company officials were missing from the rescue work, which would be probed in the judicial investigation ordered by the state government. Shri Ajit Jogi leveled serious charges on the company and wanted a high power independent probe. He also stated that due to poor quality of construction, chimney has collapsed in which much more than 41 are feared dead. He stated that when a similar chimney was constructed at a cost of Rs. 90 Crore before about five years, now when the rates of all the materials have more than doubled, he asked, what is the secret of doing the similar work now at only Rs. 60 Crore?

In the mean time, Mr. B. K. Srivastava, AGM of BALCO and Chief of Corporate communication with whom we met on 29th September, informed us that on the orders of the District Collector Mr. Ashok Agarwal rescue work has finally stopped at about 12 o’clock in the afternoon of 28th September, 2009, since the ground level was reached, as such they felt there are no chances to retrieve any further dead body. In all 41 Forty one disfigured bodies of contracted workers were retrieved so far from the crash site.

When we asked for the lists of persons who were working in and around chimney in the day shift he regretted that there are no records available with him. When we asked for a copy of the lists of Forty One whose bodies were retrieved, it was also not available with him nor could he provide us the addresses where they dispatched the dead bodies.

However, this does not match with the statements of the eye witnesses and others. All of them are of the firm opinion that there were about 150 workers at the site when the chimney collapsed but the dead bodies recovered are only 41. The Chimney has caved in to the ground, which is believed to be due to foundation cracking down.

Under the circumstances, why rescue work was not continued below the ground? Life of poor in India is very cheap has been demonstrated at Vedanta’s Balco chimney collapse.

Shri Vinod Sharma, General Secretary of the worker’s union, feared that the number of dead could cross 100. His estimate was based on testimonies from union members near the scene of the accident, who said workers were sheltering from heavy rain in and around the structure when it collapsed at about 3:45 pm (1015 Greenwich Mean Time)
"Only nine people who are in hospital are alive. The others are dead," he said.

Police and government officials said they were having difficulties establishing exactly how many people were buried because the company has been unable to say how many contractors were working on the site. Mr. Vivek Sharma, a senior police officer who is investigating the disaster, said they were looking for several officials involved in the chimney construction who appear to have absconded. "We are trying to trace them to get a list of people who were working at the site," he said. The rescue effort has been hampered by the lack of a reliable employee list, which has resulted in widely differing estimates for the number of workers who might have been trapped in the collapse.. He said "We have compiled a list of up to 60 people who are missing. Some of these people are in the list of those dead but we have no way of knowing how many were actually working there when the accident happened.

Controversies created by BALCO officials:

1. Though the massive tragedy that took away lives of many poor workers, BALCO tried to shed off their responsibility by giving it a shape of a natural disaster and not the men made tragedy.

2. Even though officials of BALCO, SEPCO and GDCL had fled away from the accident site, the moment chimney collapsed. However, they did not waste any opportunity to show smart faces showing as if they are very busy with the rescue and relief work.

Though there are no controversies in what happened and how the rescue work was done, BALCO created controversies by selling the falsehood. As such, it is necessary to address the same.

Mr. Srivastava, PRO (BALCO) also tried to sell us the story that due to lighting and heavy rain the Chimney could have collapsed. When questioned, how he can say so, he stated that he has never seen such heavy rains and huge lighting in his entire life till now. He stated that they had invited one Mr. Jagdish Prasad, who is an expert in Civil engineering from Indian Institute of Technology, (IIT) Roorkee who is also of the opinion that due to lightning and heavy rains, the Chimney could have collapsed. He refused that there was any sub standard material or technical fault in designing the Chimney.

This was in confirmation to the statement of Mr. Gunjan Gupta, CEO, BALCO at Korba, who immediately after the Chimney collapsed had stated similarly. Even he issued advertisements in local newspapers that due to heavy rains and lightning, the chimney collapsed is a natural disaster. Prof. S.N.Sinha of IIT Delhi also shared near similar views in his three page report claimed that the Chimney fell due to lightning.

"A probable reason for the incident appears to be the excessive rains and lightning," said a statement from Vedanta Resources plc..

END OF PART II

Note: Part III is “Face Saving Exercise of Vedanta’s Balco falls flat on its face”

Dislclaimer- Most of the photos courtesy Mr. Abdul Aslam of Korba. Any photo that is copy written or otherwise will be withdrawn if brought to the notice.

TATA KE REVADI BAT RAHI HAI APNO KE NAM

TATA KE REVADI BAT RAHI HAI APNO KE NAM

By Pravin Patel

As per a report published in a local newspaper published from Jagdalpur, lower level revenue staff of the Lohandiguda area have misused their official position by arranging to get the compensation paid to their relatives despite they are not the lawful owners of the land.

One example to expose the fact is that the persons named here below who all are the relatives of the Deputy Tehsildar and Patwari have managed to get the compensation award in their favour on the government land at Kumhli, even not registered in their name.

1. Jetendra Singh son of Joginder Singh Khasra No. 605
2. Chandra Sekhar son of Joginder, Khasra No. 605 /1G
3. P. Gautam son of Narayan resident of Santoshi Ward, Jagdalpur Khasra No. 536
4. R. Shakuntala Meshram, Khasra No. 507 / 1G
5. Yogita wife of Dinesh Thakur Khasra No. 680

It has also come to our knowledge that these persons are also being favored to get the permanent jobs in the company in return of the undue favours granted to the project proponent to crush the voice of the tribals.

GAMES PLAYED IN THE NAME OF PAYMENT OF COMPENSATION

Many of those who are the residents of Jagdalpur and Narayanpal, and had no land at Dhuragaon have suddenly become the land owners, once the steel plant was proposed in that area. Another interesting fact is that most of those persons are the relatives of the revenue staff officials of state government. Few examples are stated here below to expose the fact:

1. Suraj son of Bipin Behari Das
2. Sushma son of J.Devangan
3. Shanti wife of late K.Devangan
4. Bimal son of Kamal Meshram
5. Bijeta wife of Rajendra Sethia
6. Kundan Meshram
7. Binay Kurup
8. Karuna son of Shivnath
9. Jyotidas wife of Prabudas
10. Priyanka Rani.
11. Satyanarayan son of Bhairam Singh
12. Vikas son of K.Devangan
13. Father James son of Mathew
14. Er. Arjun Rao son of Satyanarayan Rao
15. Vedanta son of Rohini Shrivastava
16. Hargovind son of Bhairam Singh Sethi

Most of the above persons have collected the amount towards compensation in lieu of land but had no record of land ownership before the steel plant was proposed in the area. Suddenly, they have become the owners of the land mostly in sizes of 20 decimals each and have put their claims for getting permanent employment in the proposed steel project.

The matter needs to be investigated to bring the culprits out in public to expose the truth of the claims of the government. While the actual land owners are forwarded to jails, coerced and compelled to receive compensation, the near and dear ones of the district administration officials are making merry of the situation by not only receiving money in the name of land lost but also becomes eligible for getting employment.

The statement of the SDM Neelkanth Tekam that he has not seen the documents pertaining to those land and only after going through the same, will be able to say something.

Great! Mera Bharat Mahan.

• Misuse of official power to pressurize tribals to take compensation:

The said report also further states that tribals of Belar village have openly accused SDM, Jagdalpur Shri Nilkanth Tekam by denying bail to the tribals who have been sent to jail on false cases under section 107, & 116 by stating they he will grant the bail only when the compensation is received by them through their relatives. This is another glaring example of how the official position is grossly misused to harass and pressurize tribals to accept the compensation, though they are not at all interested to receive any compensation since they do not want to give away their land. It is also stated that 29 tribals are in jail under section 107 & 116 since more than one and half month.

It is also pertinent to mention here that the above also includes few of those tribals who were detained on 11-12-07 when they were en-route to meet His Excellency, the governor of Chhattisgarh to apprise him of the excesses committed on them by the district authorities every now and then including clamping of false cases against them and putting them behind the bars for the only reason that they are refusing to accept the compensation despite pressure exercised on them by the district authorities.

It is also further stated that one lawyer Shri Girjuram Kashyap was also arrested and sent to jail only for the fault that he was assisting his clients to prepare bail petitions and other legal assistance. The involvement of the Collector in the matter stands exposed by the fact that when a delegation of lawyers went to his chamber demanding immediate unconditional release, the statement of the Collector was that to do leadership is not the job of lawyer. A lawyer should limit himself to the profession and keep away from taking leadership of others. It would be necessary to remind him that Motilal Nehru, Mahatama Gandhi, Sardar Patel, Lok Manya Tilak and many other great leaders of the freedom movement of India are all lawyers. Even the present speaker of the Lok Sabha Shri Somnath Chatterjee, Arun Jaitley, Kapil Sibbal, Chidambaram, Abhishek Manu Singhvi, and Ravi Shankar Prasad are all very senior advocates as well as senior leaders also. The statement of the District Collector thus exposes his mindset that who ever is helping those tribals who are opposing to give away their land and also helping those persons whose relatives have been pushed to jail for false cases will be dealt with in similar manner, irrespective of wither he is a lawyer, People’s representative, Member of Parliament, Human Rights Activist or any body, no body will be spared if he becomes an obstacle to his designs of any how forcibly acquire land or to say in more blunt language to grab the land of tribals by use of force and misuse of official position.

• Tribals are forced by the administrative officials to receive compensation

As per another report published, Shri Hirmuram Mandavi of Takraguda, has alleged that administrative officers are coercing farmers to receive compensation in lieu of their agricultural land for proposed steel plant.

It is alleged that SDM, Jagdalpur Shri Nilkanth Tekam is misusing his official position to harrash and coerce tribals to receive compensation. He cited few of the examples which are stated here below:

1. Narsingh son of Rukdhar of Badanji was denied the bail of his younger brother who has been in jail. Only on his receiving the compensation, his brother was released on bail within no time.

2. Wife of Lachu Thakur received compensation on being threatned to dismiss her husband from the service.

3. Jahadaram son of Budhram of Belar village was forced by Dinesh Thakur, Patwari on the pretext that he will not give any land papers if they do not receive compensation.

4. Kailash son of Aaitu and also Patiram son of Hidma, both resident of Dhuragaon were blackmailed that if he receives compensation, then only they will be given the land ownership documents of the government land under their occupation.

5. Dumarram son of Budhram of Chindgaon was forced to receive compensation by threatening of one Mr. Patkar who is an employee of the agriculture department, Lohandugda that the land is not in his name and if doesn’t receive compensation, his land ownership rights will not be recognized.

6. Radheshyam Nag, son of Charan Singh of village Badanji whose son is an employee at the education department of the state was paid compensation in the name of his father, on the threat to take compensation or face disciplinary action to dismiss him soon.

7. Munnaram son of Bundi of village by mischief committed by Bimal Meshram who first by taking him in to confidence and then falsely told him that every body has received the compensation and if does not receive now, he will have to make several rounds of the earth but even that he will not get the compensation.

8. Turubai of village Kumhali was threatned inside the jail by the village kotwar Kapurchand to take the compensation.

9. Suresh Kumar Bhardwaj son of Amarsingh Bhardwaj was threatened to be dismissed from service and was thus coerced to receive cheues for the compensation amount in the name of his elder brother, father and Uncle.

The list is long with names of Sukman, Laluram, Lachindhar, and so on with the similar stories. This is the truth of how the compensation money for the land to be lost is being paid but still publicity is made as if those land losers are gladly accepting the same.

===================================================================

Comments also welcome at tribalwelfare@gmail.com

MOCKERY OF PESA ACT MADE IN FULL PUBLIC VIEW AT LOHANDIGUDA FOR TATA'S STEEL PLANT

Tribals of lohandiguda in bastar have fallen victims of state excesses
to translate the pre determined decisions into manufactured mandate
of Gram Sabha by making mockery of PESA 1996,

A report

Pravin Patel

The protests of Tribals of Lohandiguda area not to part with even an inch of their land and the protests and agitation from time to time is to save them from being ruined and fear of being uprooted from their own soil. It is pity to note that though those tribals, despite of being protected by the virtue of special provisions of the constitution, that protests their property rights are victims of the excesses committed on them by the state actors and more particularly the district administration to ensure that the land of theirs is grabbed at any cost to facilitate the construction of a steel plant by Tata Steel company.

The statements issued by the district administration from time to time also makes systematic efforts to give an impression that Tribals have willingly given their consent, to give away their land and have accepted the R & R package of the state. The systematic attacks on all those who are working for the protection of the rights of the tribals of Lohandiguda are labeled as anti developmental forces. Meetings are organized at the office of the District Collector where one sided decisions are taken to facilitate the establishment of the steel plant at any cost. The decisions are taken in the name of development of tribals but at the same time, those tribals from the Lohandiguda are never consulted but on the contrary, they are expected to sign on dotted lines.

Even for a minute we accept that the tribals have agreed on their own, and then questions are raised, why all these agitation and protests, that often results in violence. We need to analyze the facts and explore the situation at the ground level. We begin with what happened on 4th June, 2005.

On this date, Government of Chhattishgarh inked a MoU with the biggest investor of the country, TATAs, for their proposed Greenfield 5 Million Tonnes Per Annum Steel Plant to be set up on 2500 Acres land located at Salepal and Barupata of Bastar District. This MoU is inked by Mr. Shivraj Singh, in the capacity of being the Principal Secretary, Govt. of Chhattishgarh, Dept. of Industries and Mr. M. Muturaman, M.D. of Tata Iron & Steel Company Ltd., in presence of Mr. S.K.Gupta, as the Addl. Director of Industries. Govt. of Chhattishgarh and Mr. T. Mukherjee, Dy. M.D. of Tata Steel.

The doubts on the role being played by the state government, working as the agent of Tata Steel grew in to suspicion since the state government kept the MoU, a secret document. Even its contents were not disclosed to the people or their elected representatives. Right to Information Act, 2005 also explored but in vain. If there was nothing in the MoU that goes against the interest of the people of the state, why the contents are not disclosed?

The doubts gained weight by the fact that though the MoU speaks of 2500 Acres of land to be acquired at Salepal and Barupata, in Bastar, the actual land acquisition process starts for over 5300 Acres of land at 10 villages of Lohandiguda area. The famous tourist place in shape of Chitrakut lies at the dead end of the road. Department of tourism also has not objected. It is also interesting to know that for a bigger 6 Million Tons per Annum steel plant, the same Tata Steel has inked a MoU where also land requirement is stated as 2500 Acres, where as the company is allotted less than 2000 Acres. Naturally for a smaller plant at Chhattishgarh would require less than 1900 Acres of land then from where this 5300 Acres has jumped in? Where is the home work done by the bureaucrats who have inked the MoU? Can we take it for granted that without any application of mind, bowing down to the knees of a private industrial house, our bureaucrats have signed on dotted lines? The subsequent actions of the district officials to forcibly uproot the tribals at Lohandiguda area confirms the doubt as all sorts of gimmicks are played to push out those poor tribals, against their will, even though that much land is not required.

Tribals of the 10 villages of Lohandiguda area made it very clear that they will not part even a single inch of their land, nor are interested to get displaced. Fact is that those tribals also have legal protection on their side, in shape of the constitutional provisions as laid down under the Panchayat Extension of Scheduled Area Act, 1996, known as PESA Act. As per the provisions of the PESA Act, tribals enjoy extra ordinary powers to protect their interests as their approval through a Gram Sabha is mandatory. The rules also lay down the norms and modalities of how the gram sabha are to be held. However, making mockery of the said provisions, government made repeated attempts to any how get the mandate of the tribals through the Gram Sabha. The first attempt failed. A second attempt was made. This also failed. State actors became furious, as they wanted to ensure that the mandatory resolve of the tribals must be secured at any cost.

Sweeping changes were made in the district administration by bringing in a bureaucrat with a single point agenda to get the pre determined decisions translated in shape of a resolution duly passed by the tribals at the Gram Sabha, that they are ready to give away their land for setting up of a steel plant on their land.

While government and the agents of the Tata Steel company tried their best to sell the day dreams to tribals that with the proposed project of Tata Steel Company in their area they will be running fast on the road to their economic development. An impression was created amongst the tribals that with the industrial development, their area will also develop. Even the R & R policy of the state was sold to them as the best in the country. But the tribals were not in any mood to compromise their long term strategic interests. The example of what has happened to their displaced brothers and sisters at NAGARNAR was in front of them. They also heard the stories of brutalities unleashed on the tribals at Kalinga Nagar in Orissa that took away the precious lives of 13 tribals and causing serious bullet and other injuries to many.

For tribals, this is not a question of development versus displacement; it is a question of a project that is going to uproot them and against their will. They were worried to even think of their uncertain future and loss of livelihood. They were expected to convert themselves in to a daily wage earner from land owners. They worried as why they are expected to get them changed from farming activities and to learn other trades that they are not interested nor are capable of doing. Those poor tribals are not entrepreneurs that they can manage the cash they receive against the land. But what was important is not what they think but what is going in the minds of the district administrators and the project proponent, who wanted those tribals to be driven out at any cost to ensure that their land is acquired in the name of setting up of a steel plant.

With changed district administration, a third attempt was made. This time, it was well planned to ensure that no civil society organizations, Human Rights Activists or those social activists working for the protection of rights of tribals are kept away. The villages where gram sabhas were to be held were fortified. Barricades were erected on all the roads to block the entry of the people. Only those persons were allowed who were considered to be working for the interest of setting up of the steel plant and in favour of the land to be forcibly acquired. Leaders of the political parties and other private musclemen type of people took the centre stage. Armed police took the control and under barrel of gun, the predetermined decisions of the government was managed as if the tribals have resolved at a gram sabha, as per the norms and legal requirements as laid down under the PESA Act, 1996. If some one wants to learn how to make mockery of the PESA Act, the area was a best exhibition ground for them. Despite of all the drama, district authorities could manage only at 8 Gram Sabhas and their attempt failed at two villages. A fourth attempt was made and there also against the wises of the tribal, the drama to make mockery of the PESA Act was played again, to show off, that at last those tribals have also paved way for the plant.

The story doesn’t end here. The subsequent actions of the government also faced severe resistance of the people. A massive rally of the Adivasi Maha Sabha at Jagdalpur and clamping of false cases on those who took leadership initiatives are also part of the excesses committed by the state. Even the local officials have been pressed into service to see that the cheques of the amount of money in lieu of land gets deposited in the bank accounts of the those whose lands are targeted to be grabbed in the name of acquisition. Those tribals protested but who bothers when the very people who are constitutionally duty bound to protect their interests are themselves indulging in unleashing harassment on them. Even one advocate who is also from the area was also put to jail for his only crime that he was giving legal advice to the tribals in whose account the money was forcibly deposited. Tired of all such actions, more than 100 tribals in two buses were en-route to Raipur to submit a Memorandum to His Excellency, the Governor of Chhattishgarh. Worried about the out come of such meeting of the tribals with the constitutional head of tribals in a state, the authorities immediately swung in to action. Police raided both the buses and took it under their custody. RTO was summoned from his residence, where he was sleeping in the night hours to seize both the buses. All the tribals were forced to sit at the police station through out the night and detaining 34 of them who took leadership initiatives. Besides the state actors, there are a number of persons who are acting as fiddle to the district authorities and project proponent company to silence any voice that speaks about the rights of the people. We now see the statement coming in news papers that a Hon’ble Member of Parliament will not be allowed to reach Lohandiguda. This is what is happening in the largest democracy of the world.

Other related issues:

LAND: Lohandiguda is just the beginning. Many more tribals from other areas of Bastar are also required to move out. The land required for captive iron ore mines; for captive coal mines; for captive Lime stone mines; for captive dolomite mines; to lay private railway lines and construction of private roads linking those mines with the plant; for construction of weirs at rivers and pump houses to pump water from the rivers to the Steel plant and Mines; for laying of service pipe lines and for power transmission lines.

WATER: This is not the end. Company is promised to allow exploitation of 35 Million gallons of water per day to be met through by the exploitation of river waters over which the company is allowed to construct weirs. For mining and allied operations, as well as townships to be established, government has assured to allocate the company to meet its requirement by exploiting any suitable source (s). The guaranteed water supply from local rivers is going to threaten the drinking water sources and create problems for farmers at Bastar region.

Time Schedule to arrive at full operation: The plant will come in two stages. The first state of 2 MTPA is likely to come up in 48 to 60 months from the date of receiving all clearances and the second phase will take next 36 to 48 months from the date of completion of first phase. Thus to arrive at full operation, company is going to take up to 9 years from the date of getting all clearances. 2007 is already over. The land acquisition is in great dispute. Even if we take middle of 2008 to get all clearances, it will not be before middle of 2017 at the earliest when the full operation of the company will take place. Company says in its MoU that company will employ large work force at full operation.

It must be remembered that over 25% of the total population of tribals in the country have already been displaced. Many more are going to join them at Bastar, the way the present mind set of the state government is seen. Exploitation and intrusion in to the rights of tribals taking benefit of their poverty and illiteracy, in it self invites attention of all those social and human rights activist to stand with those poor persons who are the victim of the state oppression in the name of their development.

Pravin Patel
Human Rights Activist

Comments are welcome at tribalwelfare@gmail.com

MoU betwen TATA STEEL and GOVERNMENT OF CHHATTISGARH on dated 4th June,, 2005

Reproduced version of MOU
inked by Tata Steel with Govt. of Chhattisgarh

MEMORANDUM OF UNDERSTANDING

between

THE GOVERNMENT OF CHHATTISGARH

and

The TATA INRON AND STEEL COMPANY LIMITED

at Raipur

dated 4th of June, 2005

This Memorandum of Understanding is made on the 4th day of June 2005 between the Government of Chhattisgarh on the one part and the Tata Iron and Steel Company Limited on the other part.

1. The State of Chhattisgarh endowed with abundant mineral resources and adequate water resources, has immense potential for industrial development. The Government of Chhattisgarh recognizes the need to safeguard their long-term strategic interests along with the State’s environment and culture, while embarking upon a path of rapid economic growth. The Government of Chhattisgarh is, therefore, desirous of creation of a favourable investment opportunity of facilitating the setting up of industrial ventures in the State by responsible corporate houses with proven track records.

2. The Tata Iron and Steel company Limited has its registered office at Bombay House, 24, Homi Mody Street, Mumbai 400 001 (hereinafter referred to as Tata Steel, which expression shall, unless repugnant to the context or meaning thereof, include its successors, executors, administrators, representatives and assignees.)

3. Tata Steel greatly values its association with the State of Chhattisgarh and its people and is keen to strengthen this bond by significantly contributing to the rapid industrialization and economic development of the State. Towards that end Tata Steel plans to set up an integrated steel plant of five million tones per annum capacity in the State in phases. The first phase of the steel plant consisting of two million tones per annum capacity is likely to be set up within 48 months to 60 months from the date of receiving of statutory clearances and the second phase of the steel plant will be set up within 36 to 48 months from the date of completion of the first phase. Tata Steel will submit the timelines for the two phases within 3 months of signing of the Memorandum of Understanding. The steel plant will employ a large work force at full operation and will lead to an even larger scale indirect employment, arising out of numerous services that a steel industry generates. The steel plant will also contribute substantially to the State exchequer both directly and through the enhanced level of industrial activity in the State.

4. The Government of Chhattisgarh and Tata Steel have, therefore, come together to record their intentions through this Memorandum of Understanding (MOU).

5. The proposed steel plant at Chhattisgarh will have a capacity of approximately two million tones per annum in the first phase with a provision of expansion to a total capacity of approximate five million tones per annum at a later stage.

6. This MOU reaffirms the commitment of Tata Steel for establishing an integrated steel plant and the commitment of Government of Chhattisgarh for providing suitable land, iron ore, coal, limestone, dolomite, other minerals required for steel manufacturing at present or in future and infrastructure facilities including required linkages for the purpose.

7. Tata Steel requires the help and co-operation of the Government of Chhattisgarh in several areas to enable it to construct, commission and operate the steel plant. The Government of Chhattisgarh agrees to extend all help and co-operation in the following major areas.

I- Land:

(a) For the purpose of setting of the integrated steel plant and associated facilities, Tats Steel will require approximately 2,500 acres land. Based on preliminary study, Tata Steel has identified the propose site at Salepal and Barupata at Bastar District. In the event any difficulty arises to obtain clearances for the proposed project at the said site, or the proposed site is not found suitable after the detailed feasibility study, the Steel plant would be set up at an alternate location in the same region, as mutually agreed between the State Government and Tata Steel. Any payment made by Tata Steel towards government land, compensatory afforestation, net present value, etc, at Salepal and Barupata would be adjusted towards payments for the land at the alternative location. Private land acquired by the Chhattigarh State Industrial Development Corporation (CSIDC) for the steel project would be transferred to Tata Steel, free of all encumbrances whatsoever. The location and the area for the township will be identified and indicated by Tata Steel to the Government of Chhattisgarh in due course of time.

(b) Tata Steel will communicate the exact details of the required land to Government of Chhattisgarh. The Government of Chhattisgarh will hand over the land to Tata Steel within a period of six to nine months of the receipt of formal application by the State government for allotment of land, free from all encumbrances whatsoever, for construction of the steel plant, allied facilities and township. The required land would be handed over to the Tata Steel on long term renewable lease of 99 years for which a lease deed will be executed and registered as required under the Indian Registration Act. The Government of Chhattisgarh / CSIDC will take expeditious steps to obtain all statutory clearances for the proposed site required under the Environment Protection Act, 1986 and the local applicable laws.

(c) The land identified by Tata Steel at Salepal and Barupata comprises of the following three categories

1) Private Land including some abadi areas:

2) Government land attracting the provisions of Forest Conservation Act

3) Other Government (revenue) land

In respect of Private Land, Tata Steel shall, on receiving written request from CSIDC, deposit the requisite amount as per law with the CSIDC immediately prior to the passing of award by the appropriate authority.

In respect of government land attracting the provisions of Forest Conservation Act, 1980, Tata Steel shall on receiving written request from CSIDC, deposit with CSIDC the amount payable as per rules towards fees, net present value, compensatory afforestation etc, as and when such amounts are required to be paid to the statutory agency (ies).

In respect of the rest of the government land, payment will be made by Tata Steel at the time of execution of the lease deed in favour of Tata Steel for the entire land mentioned in 1), 2) and 3) above.

d) For avoidance of doubt, it is clarified that while the State Government / CSICD and Tata Steel would complete all steps to acquire the land at 1),. 2) and3) above, the actual acquisition and the payment for the land would be made by Tata Steel only upon detailed feasibility being established for the above site and written communication is sent by Tata Steel to the State government to this effect.

e) In addition, the Government of chhattisgarh agrees to make available, land required for power transmission lines, roads, railway lines, water and other service pipelines etc., The cost of land and connected other payment will be borne by Tata Steel.

f) All the land required for this project, shall be allotted to Tata Steel on long term renewable lease of 99 years.

II – Iron Ore mines and coal mines

The Government of Chhattisgarh and Tata Steel recognizes that while State of Chhattisgarh is ideally suited for setting up a coal based steel plant because of availability of iron ore and coal in the State; steel can be manufactured at competitive cost only if captive iron ore reserves are allotted for the project and the project’s coal requirement is available at a cost that will meet the cost competitiveness of the project. The parties to the MOU recognize that allotment of suitable iron ore reserves within the State and availability of required coal reserves for the project are condition precedent for setting up the steel plant.

A. Iron Ore Mines.

a) The Government of Chhattisgarh recognizes that allocation of captive iron ore reserves is critical for the setting up of the steel plant.

b) The Government of Chhattisgarh recognizes that over the 50 year life of the integrated steel plant in Chhattisgarh, Tata Steel will require around 500 million tones of mine able iron ore reserves. The government of Chhattisgarh has identified two ranges, Bailadila and Rowghat for the proposed steel plant and agree to meet the requirement of iron ore of Tata Steel as follows:

1. Recommend, subject to statutory provisions, grant of mining lease in favour of Tata Steel for Bailadila Deposit –I (said to contain geological reserves of approximately 140 million tonnes) or any other equivalent deposit (s) as mentioned herein below.

2. Recommend, subject to statutory provisions, grant of mining lease in favour of Tata Steel for iron ore deposits of Rowghat Deposits (said to contain geological reserves of approximately 250 million tonnes) or any other equivalent deposit (s) as mentioned herein below. The Government of Chhattisgarh will help and assist Tata Steel for getting mining lease over the above mentioned said iron ore deposits.

3. Recommend / facilitate linkage or iron ore from National Mineral Development Corporation to meet the balance requirement, if any.

The State Government of Chhattisgarh appreciates that for the phase one of the steel plant, 200 million tones of mine able reserves of iron ore is required. The State Government would, immediately after the receipt of application for allotment of land from Tata Steel, send its recommendation forthwith for allotment of mining lease in favour of Tata Steel for Bailadila Deposit –I or any other equivalent deposit (s) and so much of Rowghat deposit that the mining leases recommended meet the requirement of the above 200 million tones.

Upon submission of the timelines for the phase two of the steel project,. Or immediately after the commencement of physical work at the site for the first phase of the project, whichever is later, the State Government will send recommendation to the Central Government for allotment of mining leases in favour of Tata Steel for the balance quantity mentioned in 6) 1. and 6) 2. above.

c) The Government of Chhattisgarh will assist Tata Steel in obtaining all clearances, including environment and forest clearances from the State Pollution Control Board, and the Ministry of Environment and Forests, Government of India under the Environment (Protection) Act 1986 and under the Forest (Conservation) Act 1980 for opening up the iron ore mines, laying roads, and constructing townships etc.

d) Tata Steel will invest in plant and equipment for mining of iron ore.

B. Coal Mines

a) The Government of Chhattisgarh recognizes that allocation of captive coal reserves is critical for setting up the steel plant and manufacturing steel at competitive cost.

b) The Government of Chhattisgarh recognizes that Tata Steel requires around 500 million tones of mine able coal reserves, preferably open cast, to meet the requirements of the proposed integrated steel plant in Chhattisgarh. Tata steel is in the process of identifying the coal blocks with the desired quality of coal. The Government of Chhattisgarh agrees to extend to Tata Steel such assistance as may be necessary / required under the applicable law and policy of government of India on the subject, for acquiring the coal blocks identified by Tata Steel, for the proposed integrated steel plant complex in Chhattisgarh.

The assistance of the Government of Chhattigarh would include acquisition of coal blocks and assigning these to Tata Steel, or formation of joint venture directly with Tata Steel or through Chhattisgarh Mineral Development Corporation or in any other manner as permitted by the policy of Central Government in this regard.

c) To fulfill the requirement of coal for the integrated steel plant project, the Government of Chhattigarh agrees to recommend grant of prospecting license/mining leases for captive use over such areas as may be available in the State of Chhattisgarh for this purpose in line with the applicable law and policy of the Government of India for allocation of coal blocks for captive use for the steel sector projects.

d) Until the captive coal mines are made available to Tata Steel, Government of Chhattisgarh will help and assist Tata Steel to secure adequate supply of coal to the proposed steel plant in Chhattisgarh through linkage (s) from coal companies including South Eastern coalfields Limited (SECL).

e) The Government of Chhattisgarh will assist Tata Steel in obtaining all clearances, including environment and forest clearance from the State Pollution Control Board, and the Ministry of Environment and Forests, Government of India under the Environment (Protection) Act 1986 and the Forest (Conservation) Act 1980 for opening of the coal mines, laying roads, rail, constructing township etc.

f) Tata Steel will invest in plant and equipment for mining of coal.

III- Limestone

The Government of Chhattisgarh recognizes that Tata Steel requires at least 65 million tones of limestone reserves to meet the requirements of the proposed integrated steel plant in Chhattisgarh, Tata Steel is in the process of identifying the limestone blocks with the desired quality of limestone. The Government of Chhattisgarh agrees to recommend the blocks identified by Tata Steel, for captive use of the proposed integrated steel plant complex in Chhattisgarh. The Government of Chhattisgarh will grant in favour of Tata Steel mineral concessions for limestone bearing area for the State of Chhattisgarh to identify the required quality of limestone and fulfill the above requirement.

IV- Dolomite

The Government of Chhattisgarh recognizes that Tata Steel requires at least 10 million tones of dolomite reserves to meet the requirements of the proposed integrated steel pant in Chhattishgarh. Tata Steel is in the process of identifying the dolomite blocks with the desired quality of dolomite. The Government of Chhattisgarh agrees to recommend the blocks identified by Tata Steel, for captive use of the proposed integrated steel plant complex in Chhattisgarh. The Government of Chhattisgarh will grant in favour of Tata Steel mineral concessions for dolomite bearing areas for the State of Chhattisgarh to identify the required quality of dolomite and fulfill the above requirement.

V - Other Minerals

The Government of Chhattisgarh agrees to assist/ recommend that Tata Steel be allocated /allowed to acquire mining lease for other minerals required for captive use of the steel plant operations.

VI - Water

a) The requirement of water for the steel plant is estimated at 35 MGD at a capacity of five million tones of steel per annum. The Government of Chhattisgarh agrees to allocate the required quantity of water from any suitable river(s) as identified by Tata Steel, in close proximity to the proposed site. The requirement of water will proportionately increase in line with the increase in steel production.

b) The Government of Chhattisgarh agrees that it will facilitate all required permissions / clearances for the construction of weir on the river source identified by Tata Steel.

c) The Government of Chhattisgarh agrees to give requisite permissions/ clearances to Tata Steel to build necessary infrastructure to pump required amount of water for the operation of the steel plant and township and the Government will grant permission for the same.

d) The requirement of water during the construction phase is estimated at 5 MGD. The Government of Chhattisgarh agrees to allocate to Tata Steel this requirement of water from nearby sources/ground water sources etc.

e) The Government of Chhattisgarh will allow Tata Steel to lay necessary pipelines for supplying water to its plant and township. If additional land is required for the purpose, government of Chhattisgarh will provide necessary assistance. The cost of such land will be borne by Tata Steel.

f) The Government of Chhattisgarh agrees to allocate to Tata Steel the requirement of water for the iron ore mines for mining and allied operations, as well as for townships to be established in these areas, from any suitable source (s) in close proximity to the proposed site identified by Tata Steel. The Government of Chhattisgarh further agrees to facilitate the drawl of the allocated water for this purpose from the identified source (s) by Tata Steel.

VII - Power

a) The Government of Chhattisgarh agrees to arrange for supply of power to the steel plant through Chhattisgarh State Electricity Board (CSEB) / distribution licensee. The requirement for the first phase will be about 322 MVA. The details of the year-wise build up of power requirement will be worked out by Tata Steel and indicated to the Government of Chhattisgarh / distribution licensee.

b) The power requirement at the construction stage is estimated at 10 MVA. The Government of Chhattisgarh agrees to arrange to supply the required power through CSEB / distribution licensee.

c) The Government of Chhattisgarh agrees to arrange for supply of the required power through CSEB/ distribution licensee for the water supply, township and mines.

d) Tata Steel may install a power plant by itself or through a joint venture or otherwise to augment the supply of power to the steel plant and allied activities. The Government of Chhattisgarh agrees to provide all necessary assistance to clear such a power project. The Government of Chhattisgarh also agrees to give Tata Steel right to receive power from CSEB / distribution licensee and distribute the same along with the power to be generated by the power plant to the steel plant complex, Tata Steel/joint venture partner will be permitted to transmit and supply/sell or deal with the power from the power plant, as and when the need arises, to its other units/industries/CSEB/distribution licensee or any other consumers as permitted under the Electricity Act 2003.

e) The power plant proposed by Tata Steel may also use coal for power generation. The Government of Chhattisgarh agrees to extend such assistance / make recommendations for the grant of necessary coal mining leases to Tata Steel, as may be necessary under the applicable law and policy of the Government of India in this regard.

VIII - Railways and Roadways

a) The Durg – Rowghat- Bailadila – Jagdalpur railway line is the essential link for transportation of minerals and it is, therefore, necessary that this link, be established as soon as possible. Government of Chhattisgarh will pursue with the Government of India, Ministry of Railways, for the completion of the Durg – Rowghat- Bailadila – Jagdalpur railway linkage. Tata Steel has been given to understand that the project for the construction of this Railway line forms a part of the plan of the Central and the State Governments. – Rowghat- Bailadila – Jagdalpur railway is taking proactive measures for early commencement of implementation of the approved project.

b) The Government of Chhattisgarh will make available necessary land for railway link from the nearest railhead to the mines and steel plant for transportation of raw materials and finished goods. Tata Steel will pay for the cost of such land as per rules.

c) The Kirandul – Kottavalasa railway line is important for movement of raw materials and finished goods, for the proposed integrated steel plant. The Government of Chhattisgarh and Tata Steel would follow-up with the Ministry of Railways for strengthening and development of adequate rail network, in Bailadila – Vishakapatnam area capable of movement of traffic keeping in view the increase in traffic in this area. The Government of Chhattisgarh will recommend to the Union Ministry of Railways to accord priority for the movement of the goods for the proposed integrated steel plant on this route. Strengthening the railway network for raw materials movement into the steel plant and finished products movement out of the steel plant is fundamental to the economic viability of the steel plant.

d) The Government of Chhattisgarh agrees to allow Tata Steel to strengthen approach roads to the steel plant as well as connection service roads to the iron ore and coal mines.

IX - Monetary and Fiscal Concessions / Incentives

The Government of Chhattisgarh appreciates that for a major steel plant and its associated facilities(i.e. township, mines etc.) such as being proposed by Tata Steel, financial viability is of critical importance. Therefore, the Government of Chhattisgarh agrees that Tata Steel will be entitled to all financial concessions and incentives as per the applicable Industrial Policy Resolution (IPR) of the Government of Chhattisgarh. Tata Steel understands that the concessions available to these projects under the relevant IPR will not be adversely affected by subsequent changes in the IPR.

Keeping in view the special nature of the project, due to its high level of investment, and having regard to the fact that the project is supposed to be set up in the most backward region of the State, the State Government will consider grant of benefits/concessions available under the Industrial Policy of the State Government for a period longer than the period provided for the said policy.

X - Environment

a) The Government of Chhattisgarh agrees to assist Tata Steel in obtaining no objection certificate (NOC) through the State Pollution Control Board for the construction and operation of the plant, the housing colonies, mines, water supply infrastructure, power projects etc.

b) The Government of Chhattisgarh agrees to assist Tata Steel in obtaining all clearances from the Central Government.

c) Tata Steel will arrange to conduct a rapid Environment Impact Assessment (EIA) and detailed EIA and prepare an Environment Management Plan (EMP) for the project. The Government of Chhattisgarh agrees to extend any assistance sought during the time the EIA is conducted and the EMP is prepared.

d) Tata Steel shall install state-of-the-art pollution control equipment and take all possible steps to manage the environment effectively. Tata Steel has been a pioneer in this field and would not only endeavor to continue this effort but would accelerate its effort keeping in mind its pioneering stature.

e) In the event any forest land is required to be diverted for industrial purpose, the Government of Chhattisgarh will make available such Government revenue land for compensatory aforestation as may be required under the law.

8. The area of co-operation mentioned above highlight only the major issues involved in setting up of the steel plant. Other issues, as and when they arise, and sharing of the responsibility between both parties shall be decided through mutual agreement on a case-to-case basis. In general, the Government of Chhattisgarh agrees to render all assistance to Tata Steel and its affiliates in establishing the steel plant and is associated facilities (i.e. township, mines etc.).

9. The Government of Chhattisgarh appreciates that the “House of Tata” is a responsible corporate house with high involvement in employee welfare and social development. The Government of Chhattisgarh therefore, expects that Tata Steel will bring this philosophy to the steel plant project being set up at Chhattisgarh, to ensure the well being of the people of the adjoining areas in particular and the people of Chhattisgarh in general.

10. Any information exchanged shall be kept confidential and may only be used by either party, its employees, consultants (including affiliate companies, employees and consultants) for the purposes of the review and at no time shall the information be provided to the third parties during the period of this MoU or after the expiry of the MoU, unless such information is:

a. In public domain at the time of disclosure to the third party or thereafter enter the public domain without breach of the terms of this MOU.

b. Is already known by the parties at the time of disclosure.

c. Is developed independently and in good faith by or on behalf of the parties for the purpose of this MOU.

d. Becomes known from a source unconnected with either of the Parties hereto without breach of the terms of this MOU.

e. Or disclosed in response to any interrogatory or order issued by any administrative agency, Government body or court provided, however, that whenever possible a notice will be given by the party to other party within a reasonable time.

f. Except as required by law or regulation neither party shall disclose to any third party the content or nature of their discussions without the prior consent of the other party.

11. The Government of Chhattisgarh and Tata Steel agree to meet periodically and inform and update each other on the developments and steps taken by the respective parties concerning facilitation/implementation of the project.

12. The Government of Chhattisgarh with its natural resources will attract industries, especially the steel industry and steel based industries. Establishing a steel plant, however well endowed a State may be with natural resources, is a very challenging task with many complexities in actual implementation. In view of this, the Company entering into MOU for establishing a steel plant will need a comfort that the raw material sources promised and committed for the steel plant is not promised or committed for any other steel project during the pendency of the MOU or completion of feasibility study and firming up the decision to set up the plant, which ever is later. Tata Steel seeks such an assurance from Government of Chhattisgarh and Government of Chhattisgarh assures such a comfort.

13. This MOU is an instrument of understanding and shall be valid for three years from the date of signing the MOU. Further extensions, if necessary, shall be as peer mutual agreement. This MOU will be converted into formal agreements with the concerned agencies/departments of the State Government in due course.

14. If implementation of this MOU and /or performance of any of the obligations of any Party hereto is prevented, suspended, delayed, restricted , and /or interfered with by reason of force majeure, such as but not limited to acts of god, typhoons, storms, tidal waves, earthquakes, floods, fires, accidents, epidemics, strikes, riot, civil commotions, sabotage, insurrection, rebellion, hostilities between nations, war, embargoes, actions by any relevant governments, or any subdivision, instrumentality, entity, and /or agencies of any relevant government or any relevant laws, decrees, orders, rules and/or regulations, and such other similar contingencies beyond the reasonable control of the Party concerned, the Party so affected shall, upon prompt written notice to the other Party, be excused from the performance of its part or parts of this MOU but only to the extent of such prevention, suspension, delay, restriction, and/or interference. In all cases, the Party so affected shall, however, exert its best efforts to avoid, remove and /or forestall such causes of non-performance and to remedy and complete performance with utmost dispatch.

Signed on the date mentioned herein above at Raipur, by the authorized representatives of the parties to this Memorandum of Understanding.

For and on behalf of the Government of Chhattisgarh

S/d
(Shivraj Singh,
Principal Secretary, Industries and Mineral Resources Department)

For and on behalf ofThe Tata Iron and Steel Company Limited

S/d
(B. Muthuraman,
Managing Director)
Tata Steel


Witness
Signature: S/d
Name: S.K.Gupta
Designation: Addl. Director Industries , Govt. of Chhattisgarh


Witness
Signature: S/d
Name: T. Mukherjee
Designation: Dy. M.D. (Steel)
Tata Steel