The Karnataka Government on Tuesday notified a law that empowers the state to attach properties amassed from illegal mining. The law, the Karnataka Appointment of Recovery Commissioner for Seizure and Attachment of Property of Illegal Mining and Proceeds of Crime Act, was passed during the recent Monsoon Session of the legislature.
The legislation was proposed after the Government formed a subcommittee under Law and Parliamentary Affairs minister H K Patil in July this year to look into cases of illegal mining that took place between 2007 and 2011 in the state. The subcommittee placed the report along with the now notified Act before the Cabinet on August 13.
In a letter sent to Chief Minister Siddaramaiah in June, Patil estimated losses to the tune of Rs 1.5 lakh crore to the state exchequer due to illegal mining and stated that only 7.6 per cent of the cases were investigated.
The Act provides “for the appointment of Recovery Commissioner for seizure, attachment, forfeiture of properties derived from illegal mining activities including multiple transactions involving myriad number of lessees, transporters, exporters, stockholders, purchasers and other intermediaries, organized crime, cohesive conspiracy and proceeds of crime in the State of Karnataka”.
The recovery commissioner will have powers of a civil court and can receive complaints regarding illegal mining, examine records, hear administrative appeals, and recommend further legal or criminal action against those involved.
Following the notification of the Act, all illegal mining cases pending before various courts will be transferred to the recovery commissioner. The Act empowers the Government to appoint any serving or retired official not below the rank of additional chief secretary as the recovery commissioner.