Thorium or monazite cannot be exported as there is no use - Atomic Energy Department Clarify

Every persons from DAE and AMD knows that Thorium cannot be used for illegal purposes and cannot be exported. They have issued two press release which is given below.

Though number of companies are permitted to store tailings with monazite, due to business motive the complaints will be lodged only against VV Mineral.

The   Policy on beach mineral notified by Govt., of India mentioned that monazite should be disposed by the concerned entity in accordance with the direction of the AERB for the future use of our nation. VV Mineral complied the same.

The National Mineral policy and Policy on Beach Mineral both insist maximum utilization and value addition.  V.V.Mineral activities are in accordance with the above two policies.

Govt., Company IRE Ltd also stop the monazite production, since there is no demand

The richest monazite available area is Manavalakurichi which is under IREL control. They get average 5,000 M.Ton of Monazite if they produce 60,000 M.Ton of Ilmenite. Whereas last 10 years their monazite production is less than 10 Ton for 60,000 Ton of Ilmenite. IRE Monazite permit statement is given below.

The reason for non production of monazite by IREL as explained by the Honorable Minister, there is no demand in the overseas market.

Real fact is no party will export monazite or Thorium. But this wild allegation is made only with ulterior motive.  The Tuticorin port authorities confirm that no monazite or Thorium is exported.

For export of Beach Minerals, Mining Law will not applicable and Tuticorin Port Trust confirmed there is no export of Thorium or Monazite

Mining Law

It is better to put the reply and note submitted by the Minister of Mines, in the Parliament Lok Shaba for starred question No. 192.

He clearly pointed out that “the MMDR Act applicable on all minerals except mineral oils “Natural Gas and Petroleum”. It fix up maximum area permissible and period of lease. State Govt.’s are competent to mineral concession. But cannot grant concession to any person unless such person satisfy such condition as may per prescribed.”  Before this Act, public and private entrepreneur are dealt with at par.

The aim of the Act is to conserve and develop Mineral. The main aim is maximum utilization of the mineral wealth for the development of nation.

Govt., company IREL started production 65 years back did not establish value added product. Whereas VV Mineral get ilmenite mining lease on 2002, started value added Titanium product within 10 years.

Allegation of export of Thorium

1.     Thorium is not a mineral.  But an element received from cracking monazite.

2.     The technology for cracking monazite not available with India

3.     Monazite is freely available all over India. Hence IREL itself stop production in 2004.

4.     The cost of monazite is less than other products. (Rs.3000 per M.Ton less than Garnet and Ilmenite price)

5.     There are facilities to find out monazite or other radioactive material enter the Port. Till now no material enter port.

6.     Since it is negative list of export, it cannot be exported either direct or indirect way.

The following letters from Tuticorin Port will establish that no export of Thorium or Monazite.

7. All export products, random samples will be taken by the customs and analysed their lab. If radioactive material is found, automatically the customs authority will black list the exporter and he cannot export in future. Hence no one will burn their finger for a meagre amount.

8.                 If monazite is present in any of these minerals above trace element levels then these minerals cannot be sold, transported or consumed in most of the world markets. Any heavy mineral found to contain even traces of monazite is automatically rejected by the customers.

9.                 Monazite occurs across the world and has been produced as a by-product of mineral sands mining in many countries such as Brazil,           Argentina, Australia, Malaysia, S. Africa, Madagascar, Mozambique, USA, Sri Lanka, New Zealand, China, Sierra Leone, Thailand, Vietnam, Russia, Estonia and India over the past almost 100 years. Since  it is easily available product all over the world, there is no need to export the same from India.

10.                 The Thorium  and Uranium available in the monazite cannot be used. At present researches are going on all over the world to find out the way to use it either in the Nuclear reactors or other ways.

Why illegal mining complaint against VV Mineral? What is the necessity of illegal mining to VVM when they have more than 60% of the total mining leases

Then why illegal mining complaint against VVM?

1.     To attract the overseas customers

2.     To prevent VVM from getting mineral concession

3.     To divert the officials attention against VVM

4.     To threaten the officials thereby prevent VVM from getting approvals

5.     Thereby continue the illegal mining in gigantic way

6.     To prejudice the judiciary against VV Mineral.

7.     To damage the established market and reputation of VV Mineral among overseas customers.

VV Mineral has no Need to involve Illegal mining

Entire coast of Tirunelveli District is granted mining lease to V.V.Mineral. Hence there is no need for VV Mineral to carryout illegal mining. There is no free hold govt., land to carryout illegal mining.

Abating to the coastal area, VVM acquired more than 1,000 Hect., and all of them are in ML applied list.  They have obtained court order to process the application as early as possible by Government. Hence the authorities inspected the area. Out of the total private beach mineral mining lease of 71, total 48 granted to VV Mineral and Transworld Garnet. Hence there is no need for illegal mining.

All VVM products are meant for export.  Hence the documents will be available with Port, Customs and Reserve bank, authorized agency bank etc.,. Hence there is no possibility for illegal mining.

All the VV Mineral units are bonded ware houses notified under foreign trade development act as 100% EOU. So the inward and outward all are monitored and entered by bonding officer a Superintendent of Central Excise. The Central Excise Dept., also carry out auditing once in a year.  In addition, the District Collector also check all the accounts along with the reports of customs authorities, while finalizing royalty account.  Hence there is no possibilities for illegal mining.

Transportation from mine is with valid gate pass on payment of advance royalty.  State, District and Taluk level Task forces are established including police officials. In addition to, not below the rank of Deputy Thasildhar in Revenue Department and Sub Inspector in Police department and forest officials are authorized to seize the vehicles if, it transport minerals without proper permission.

V.V.Mineral operations are under the EOU scheme from 1999 itself, so their operations are controlled by Central Excise Superintendent from 1999. Govt., of India also granted Green Card to VV Mineral for getting top most priority treatment from State and Central Govt., authorities.

The Monazite available in Dhayadevadas mining lease area is not accounted or not deposited with Government. Here is the proof.

Though Dhayadevadas mining area  contains radioactive material which was agreed by himself , he has not deposited to government or accounted for the same. Relevant portion of his mining plan is given below.

By making allegation against V.V.Mineral and there by diverting the attention of the authorities against VVM, he continued large scale looting of illegal mining without following procedures.  Already 10 years back, he was imposed 53 lakhs rupees fine for illegal mining, which is still pending.   During 2014 also another 39 M.Ton illegal mining was detected by Govt., and action was taken.

Dhayadevadas Federation is Bogus - Govt., of Tamilnadu Confirm and the Central Govt., team submit report that, there is no illegal mining against VV Mineral

In addition to this, the Govt., has clearly mentioned that “the Federation is not a Federation, but a company registered under company act and he alone is a lessee member on the Federation”.

The Govt., further pointed out that the allegation of inflated reserve in the mining plan is false.  ....... The complaint petition himself accepted that the placer minerals are richly available in the Southern District of Tirunelveli, Tuticorin and Kanyakumari and submitted their report, after verifying the export details obtained from the customs authorities. They have made it clear that all the allegations are false.

Previously also based on his complaint Govt., constituted  a committee consisting of Atomic Minerals Division, Ministry of Mines and State Director of Geology officials.  They inspected all the area of V.V.Mineral along with 2 executive magistrate and submitted parawise reply to all his allegations.  They have also reported that there is no illegal mining. There is no violation. VVM lease areas are replenishable areas. The above report is available in Ministry of Mines.

He again made complaint through his henchman Mr.Sundaram.  (The nexus between both are mentioned in video available in http://www.beachminerals.org/video-home/ . The State and Central Govt., officials jointly inspected all the areas and surrounding areas and enquired and submit report that the complaints are false. Copy available in http://www.beachminerals.org/wild-allegations-leveled-v-v-mineral-v-sundaram-ias-found-wrong-motive-envy-vindictive-far-away-truth/

Hence this will establish that all the allegations are due to business motive without any evidence.

This all will establish that due to business rivalry wild complaint petitions are made against VVM.

As per AERB letter the mineral sand processing plants has to get license from AERB. But Dhayadevadas did not get license. No authority is ready to take action against him.  But VV Mineral got license for their entire operation. Relevant documents of AERB is given below.

Govt., of Tamilnadu confirmed that, VV Mineral has no wrong. But Dhayadevadas is the real culprit.

Again Dhayadevadas made lot of complaints in various names. After through enquiry the Govt., Principal Secretary send report to Central Govt., during July 2013.

The above letter pertaining to total 10 complaint petitions. All the 10 petitions, he made total 40 allegations. The Govt., has categorically refuted all the allegations after detail enquiry.

The complete above two reports are available in http://www.beachminerals.org/wp-content/uploads/2015/11/16-Govt-Industries-Principal-Secretary-Letter-To-Govt-Of-India-Dated-24.11.2004-23.07.2013-295-to-344-ilovepdf-compressed.pdf

100% verification made by special team and find allegation against VV Mineral is due to Business motive - Tamilnadu Govt., inform to Govt., of India

Until now more than 300 writ petitions, 20 civil suits and 10 criminal complaints more than 1000 of complaints petitions  filed by him in various names against V.V.Mineral. All are  dismissed after detail enquiry by the authorities. Since  in all the developed countries, the customers will not purchase material, if it is illegal mining, hence every time he make the allegation that VVM is doing illegal mining. This is his modus operandi.

Based on the order of the Honorable High Court in a writ petition filed by one Thiru. Appu Nadesan, the Govt., found that Dhayadevadas has done illegal mining for more than 39 lakhs M.Ton and Govt., seized 14 lakhs M.Ton illicitly mined, stored and transported mineral from his factories after issuing registered notice and inspected in the presence of the lessee and his Manager and his advocate.

Dhayadevadas feels that this is because of V.V.Mineral complaint.  Hence he makes vigorous complaints against V.V.Mineral through his name and through hired persons name.

Mr.Sundaram also one of the person hired by him. If you open the blog http://mraja2013.blogspot.in/  You can find out that Mr.Sundaram is acting on behalf of Dhayadevadas.

The nexus between Sundaram and Dayadevadas was captured by the Beach Minerals Producers Association and they publish the video in their web site. http://www.beachminerals.org/video-home/ .

The above motive was well known to all the persons. Since Dayadevadas was backed by one Member of Parliament Danuskodi Athithan, he can able to get lot of complaint petitions from lot of member of Parliament.  He get signature  from more than 27 members of Parliament and submit complaint against VVM with wild allegations. The Govt., constituted a High Level Committee and made 100% verification and checked all the accounts and submitted detailed reply to Govt., of India during 2004. It  categorically reported that there is no illegal mining activity carried by VVM.  They have valid clearances.  The mining area contain 0.11% of Monazite. Hence handing over of tailings to IRE Ltd is not worth.

On the above said report, the Govt., The Govt., further reported that

 (2) the allegations are evidentially based on inter rivalry of business groups.

(5)  No illegal mining storage and clandestine export or transportation of prescribed substances by VVM.

(7) 100% verification of lease hold areas, factories, records and report of the port authorities Tuticorin established that no monazite has been either legally or unauthorizedly moved out of this country.

The above said Govt., report contain gist of complainant and remarks of the Government.

They have give findings for all the 52 allegations made by Dhayadevadas and other member of parliaments.  The above said report was send to all the departments. 

CBI directed the Company Registrar to take action against the bogus Federation used for making False complaint

In getting mining lease on Govt., land there is rivalry between VVM Partners and Dayadevadas.  Number of the writ petitions filed by both the parties will establish the same.

Rivalry in getting mining lease starts from 1997 .

He filed writ petition against Kumari Minerals (presently V.V.Mineral) through his henchman Mr.Arul Sigamani which was dismissed by the High Court and by division bench and SLP by Supreme Court. Hence from 1989, he made lot of complaints in various names. The Federation of Indian Placer Mineral industry is a company registered only for making complaints. Hence this federation is a bogus. On complaint the CBI has directed Regional Director of Company Affairs to take action against the Federation.

Dhayadevadas is business competitor - Documents and export does not comes under the purview of Mining Law

In fact, Export of Minerals does not comes under the purview of MMDR Act. This has been confirmed by Govt., of India, Ministry of Mines also which is given below.

Indian Garnet Sand Company Private Limited - On the Article of Association page 11, reflects the Directors Name.

Sri. D.Dhayadevadas and his wife G. Jebakani and R.Dhanukodi Athithan (Member of Parliament) and his wife Indira Devi. Four persons are share holder and Director.

In the Southern Enterprises Mr.Dhayadevadas and Dhanuskodi Athithan wife Indira Devi are partners.

Since Dhanuskodi Athithan is Congress MP and Congress Central Minister, he use his political clout to give trouble to V.V.Mineral, their business competitor.

From the beginning his allegation is illegal mining. The DGM letter which establish that there is no lease to Southern Enterprises. But his allegation is only against V.V.Mineral.

To Usurp VVM Customers, Dhayadevadas make false complaints - Here is the document

Their letter dated 29.07.89 addressed to one Korean customer. Along with the letter he enclose copy of letter received from Director Geology and Mining, addressed to one M.P. R.Dhanuskodi Athithan in which the DGM mentioned that total 4 mining leases in Tamilnadu granted

1) Kumari Minerals

2) Beach Mineral Sand Company

3) & 4) T. Manikam

In the above said letter he asked to capture the V.V.Mineral customer telling that V.V.Mineral is doing illegal mining without any mining lease, as V.V.Mineral name is not reflected in DGM letter. While clarifying to the Korean customer V.V.Mineral mentioned that for trading and export no mining lease is required and southern Enterprises (owned by Dhayadevadas) name also not mentioned in the DGM list. 

We are strong political power and we can control any person in India - Dhayadevadas claim In South Korea - Confirmation Telex Attached

A brief back ground about the complaint made against VV Mineral is given below.

There are false complaints against V.V.Mineral, which are spread by Mr. Dayadevadas who is also doing in the same business. The following will establish the motive started from 1988

1.     Telex message send by Korean customer during 17th May 1989 send to Telex PCO, Nagercoil, Head post office.

Kindly note the below wording :

“Mr. Dayadevadas of Southern Enterprises is visiting to Seoul to make order with Mr.R.Dhanuskodi Athithan who is member of Parliament (Lok Shaba) and his wife is also partner of this company ........

FYI they saying they have strong political power in India and can control all makers in India and please check and advise whom they are.”

VV Mineral paid royalty and transported 98 Lakhs M.Ton from 2000 to 2013 with valid transport permit through there is no need to get permit

VV Mineral competitors who involved large scale illegal mining and determined the mining leases for various violations, to damage VV Mineral, simply file a PIL through their henchmen with wild allegations and arrange to publish the same in media through some paid news reporters by making wild allegations against State and Central government officials also. Their main aim is to prejudice the judiciary and to make fear in the minds of State and Central Govt., officials. So they publish the same, whenever some cases are listed for hearing. In fact, our competitors have send complaint more than 40 times, every time either State Govt., or State and Central Govt., officials jointly inspected, verified the records and submitted report that all the allegations are false.

In fact, VV Mineral securely keep the monazite under the institutional control of AERB. This has been confirmed by the Honorable Minister. The entire product of VV Mineral are exported through Tuticorin Port. Hence if the export figures are obtained from Tuticorin Customs, we can find out the exact quantity of mineral exported. All the transport permit details with permit number quantity etc., for 98 lakhs M.Tons from 2000-01 to 2013 are available with VV Mineral. This will establish how much we have been transported with valid transport permit and how much balance quantity available with VV Mineral.

Once the minerals are removed from the earth on payment of royalty, the State Govt., has no control over the same. This has been confirmed by the Honorable Supreme Court in Tamilnadu State Vs. Kaveri Chetty case. Hence the Govt., cannot control the minerals removed from Mine and transported with valid transport permit to VV Mineral factories.

Like that for sale of mineral, there is no need of transport permit - This has been confirmed by the Seven Star enterprises Vs. District Collector Karur case by the Madras High Court division bench.

VVM's total export is only 62 Lakhs M.Ton. Balance 36 Lakhs M.Ton royalty suffered material is with VVM

In the approved mining plan itself, the lessee has to mention the method of mining and the method of processing etc., which was duly approved by Govt., of India itself. In the MCR, 2016, it is specifically mentioned that in case the minerals are processed outside the lease area, the royalty to be paid for ROM by calculating the heavy mineral percentage.  The above said rule further specify that, while transporting the mineral from the lease area, the lessee has pay the royalty for tentative quantity and at the time of finalization of royalty accounts in the year end, the difference of royalty to be remitted. Hence in case any variation in terms of royalty, it has to be collected at the time of settlement of royalty account at year ending. Moreover the royalty accounts will be scrutinized by the Accountant General and if he found any short collection, it will be collected from the lessee as directed by the Accountant General. 

All the VV Mineral mining leases are within the CRZ area. Hence Govt., of India impose a condition that, the processing plant should be outside the CRZ area. Accordingly VV Mineral erected the processing plants outside the CRZ area and remit royalty well in advance. From 2000 to 2013 VV Mineral transported total 98 Lakhs M.Tons of heavy mineral sands with valid transport permit to their processing plants. Till now they have exported only 62 Lakhs M.Ton alone and other quantities are available in the factories itself. Since these all are royalty suffered materials, the ownership goes to the lessee according to the Supreme Court Judgement in Kaveri Chetti case.

Due to Business rivalry, the people who could not able to compete with VV Mineral in terms of quality will make false complaints against VV Mineral. Whenever such complaints were received, the authorities will enquire about the same and reject the complaints.

The royalty is only for mineral not for raw sand - Govt., of India confirmation - Here is proof

As per the provisions of Section 9 of MMDR Act, 1957 royalty is payable at the rate prescribed in second schedule of the said Act only for the processed minerals and not for the residuary sand.  This statutory fact has been confirmed  by Govt. of India to the District Collector who in turn has communicated the same to the Commissioner of Geology and Mining.

There is no violation by beach mineral industries - Reply in the parliament confirm the same

When approaching for study of replenishment of minerals, Atomic Minerals division (AMD) and National Institute of Ocean Technology (NIOT) replied that, they have no facility to carryout the replenishable study. Hence the preliminary study was carried out by the former State Director of Geology and Mining and again studied through Madras University and the reports were submitted to IBM for their reference.

There is no provision either in the MMDR Act or Rules framed thereunder or the mining lease deed to fix up the quantity of mineral permitted to  mine from a particular mine. The only requirement is the mineral consumed or transported should be royalty suffered under section 9 of MMDR Act. Moreover even if the mining quantity is more than the quantity mentioned in the approved mining plan, this does not comes under the purview of illegal mining. In case mining operation is carried out in a non lease hold area, then only it amounts illegal mining. In case, the production is more than the tentative quantity mentioned in the approved mining plan above the tolerance limit of 20% and if the lessee failed to get modified mining plan, it amounts violation of MCDR, 1988 and it does amounts illegal mining. This has been confirmed by the Honourable Minister in the Parliament.  Relevant portion is given below.

Beach Mineral Replinishable Mining is a permissible activity - Govt., of India High Level Committee report copy

Based on a complaint from Mr.Dhayadevadas, with a view to finding out the truth whether the beach minerals are replenishable or not in nature, Govt. of India constituted a committee under the Chairmanship of Mr.Nagar, Chairman (Retd), IREL and officials from AMD, NIOT, NIO and State Geological officials from Tamilnadu, Kerala, Andhra Pradesh.  The committee held several rounds of discussions and inspections and submitted a report to Govt of India.   According to their findings, it has been established that the beach sand minerals are replenishable in nature.   Besides, the report says that it is not an offence if the replenishable resources are legitimately exploited within their leasehold areas.  The report further enlightens the fact that it is not physically possible to make the precise quantification of the replenishable resources and even if any attempt is made to do so, it will not be an accurate one.  The report further recommends that the private consultancy of technically competent group may be entrusted with the responsibility of evaluation of replenishable beach minerals at regular intervals namely season to season.   Excerpts from Chapter-III of the above report is given below.

We regret having carried a one sided report - New Indian Express, Cochin Clarified

New Indian Express published a wrong news based on the inputs from one of our Company VV Mineral’s competitor from Kerala. By seeing the same, Mr.S.Vaikundarajan, Managing Director of VV Mineral send clarification about the news with relevant proofs and links. After verifying the fact Indian Express issued Clarification on 21.03.2018 in 6^th page.

They further mentioned that, “we regret having carried a one sided report”.  Thus Indian Express established that, they are keeping the ethics of the Journalism.  Our best wishes to  New Indian Express, Kerala. The clarification news and link is given below.

http://epaper.newindianexpress.com/1587027/The-New-Indian-Express-Kochi/21032018#page/6/1  

What ever mineral deposited in the lease area, VVM can mine - Govt., of India confirmation

Since these Beach Minerals are replenishable beach placers, the lessee can collect all the minerals irrespective of thickness and number of days and the only requirement is, the quantity etc., should be declared in the monthly return submitted by the lessee – This has been confirmed by Govt., of India, Deputy Controller of Mines, Indian Bureau of Mines, which is given below.

The State Govt., has no power to control beach minerals - It is with Central Government

Mining leases are granted under the provisions of MMDR Act. If it is major minerals, the lease should be granted in accordance with the rules framed by Govt., of India. If it is First Schedule Mineral for all the activities Central Govt., approval is required. Since at the time of grant of mining lease to VV Mineral, Ilmenite, Rutile etc., are First Schedule Mineral. Hence prior approval from Govt., of India have  been obtained by the State Government and Central Government imposed necessary conditions in terms of monazite which were complied by VV Mineral as well as other lessees. The State Govt., has the power to frame rule or notify policy only in terms of minor minerals such blue metal, granite stone, gravel sand etc., These beach minerals all are First Schedule Minerals and hence it comes under the Central Government control. Hence the State Govt., cannot even frame rule or policy for these First Schedule minerals.

According to section 5(2)(b) of MMDR Act, for grant of mining lease, a mining plan duly approved by Govt., of India is mandatory.  The above said mining plans will contain various details such as the method of processing and method of mining etc., in addition to the tentative production plan for first five years. The above quantity is only tentative and 20% variation will be permissible, if the variation is above 20%, then a modified mining plan to be obtained from Govt., of India.

The mining plans are prepared by the Recognized Qualified Persons (RQP) from the list approved by Govt., of India. The qualification and experience of the RQPs are given in Rule 22(C) of MC Rules, 1960 duly notified by Govt., of India. The mining plans prepared by the qualified RQPs are approved by Govt., of India under the provisions of MCDR, 1988. No powers have been delegated under the above said rules to any state government authority. The above powers are vested with Central Govt., authorities. Moreover since these all replenishable  beach placers, deposited due to wind and wave action, no one cannot calculate the exact quantity of the minerals deposited. The quantity may vary due to various factors. The above all details were given in the mining plan and approvals are obtained from Govt., of India.