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2021-01-09T17:47:46Z

Task 18 (cosmetic): eval 20 templates: hyphenate params (19×);

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{{Use dmy dates|date=March 2016}}
{{Use Indian English|date=March 2016}}
{{Infobox legislation
| imagesize = 150
| long_title =An Act to provide for the development and regulation of mines and minerals under the
control of the [[Union government of India|Union]]
| citation = [http://mines.nic.in/writereaddata/Filelinks/e342d686_MMDR%20Act%201957.pdf Act 67 of 1957]
| enacted_by = [[Parliament of India]]
| date_enacted = 28 December 1957
| amendments = 1958, 1960, 1972, 1978, 1986, 1994, 1999, 2010, [[Mines and Mineral (Development and Regulation) Amendment Bill, 2015|2015]]
| status = in force
}}

The '''Mines and Minerals (Regulation and Development) Act (1957)''' is an [[Act of Parliament|Act]] of the [[Parliament of India]] enacted to regulate the [[Mining in India|mining sector in India]]. It was amended in 2015 and 2016. This act forms the basic framework of mining regulation in India.<ref name="Usa2009">{{cite book|author=Ibp Usa|title=India Energy Policy, Laws and Regulations Handbook|url=https://books.google.com/books?id=nB2XgE_JvWcC&pg=PA163|access-date=9 March 2015|date=20 March 2009|publisher=Int'l Business Publications|isbn=978-1-4387-2292-4|page=163}}</ref>

This act is applicable to all mineral except minor minerals and [[radioactive|atomic]] [[mineral]]s. It details the process and conditions for acquiring a mining or [[prospecting]] licence in India. Mining minor minerals comes under the purview of state governments.<ref name="Usa2009"/> [[Sand|River sand]] is considered a minor mineral.<ref name="PadmalalMaya2014">{{cite book|author1=D. Padmalal|author2=K. Maya|title=Sand Mining: Environmental Impacts and Selected Case Studies|url=https://books.google.com/books?id=efcsBAAAQBAJ&pg=PA128|access-date=9 March 2015|year=2014|publisher=Springer|isbn=978-94-017-9144-1|page=128}}</ref> For mining and prospecting in [[forest]] land, prior permission is needed from the [[Ministry of Environment and Forests (India)|Ministry of Environment and Forests]].<ref name="WarhurstNoronha1999">{{cite book|author1=Alyson Warhurst|author2=Maria Ligia Noronha|title=Environmental Policy in Mining: Corporate Strategy and Planning|url=https://books.google.com/books?id=OV1mdNAQtfgC&pg=PA296|access-date=9 March 2015|date=17 September 1999|publisher=CRC Press|isbn=978-1-56670-365-9|page=296}}</ref>

==Amendments==

===2015===
{{Infobox legislation
| short_title = The Mines and Minerals (Development and Regulation) Amendment Act, 2015
| legislature = [[Parliament of India]]
| image =
| imagesize = 150
| imagelink =
| imagealt =
| caption =
| long_title =An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957.
| citation = [http://164.100.24.219/BillsTexts/LSBillTexts/PassedLoksabha/18C_2015_LS_Eng.pdf Act No 10 of 2015]
| territorial_extent =
| enacted_by = [[Lok Sabha]]
| date_passed = 3 March 2015
| enacted_by2 = [[Rajya Sabha]]
| date_passed2 = 20 March 2015
| date_assented = 26 March 2015
| date_signed =
| date_commenced = 12 January 2015<ref name=Act>{{cite web|title=Mines and Minerals (Development and Regulation) Amendment Act, 2015|url=http://www.egazette.nic.in/WriteReadData/2015/163279.pdf|publisher=E-Gazette|access-date=31 March 2015}}</ref>
| bill =
| bill_citation = 18-C of 2015
| bill_date = 24 February 2015
| introduced_by =
| 1st_reading =
| 2nd_reading =
| 3rd_reading =
| white_paper =
| committee_report =
| amendments =
| repeals = Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015
| related =
| summary =
| keywords =
| status = in force
}}
The act was amended by The '''Mines and Minerals (Development and Regulation) Amendment Act, 2015''' replacing the [[Lawmaking procedure in India|ordinance]] promulgated on 12 January 2015.<ref name=MiningOrdinance>{{cite news|title=Ordinance on mines, ninth by NDA govt.|url=http://www.thehindu.com/news/national/ordinance-on-mines-ninth-by-nda-govt/article6785810.ece|access-date=9 March 2015|work=[[The Hindu]]|date=14 January 2015}}</ref><ref name=QuickGuide>{{cite news|title=A quick guide to the Bills in Parliament|url=http://www.thehindu.com/news/national/a-quick-guide-to-the-bills-in-parliament-today/article6951403.ece |work=[[The Hindu]]|date=2 March 2015}}</ref> The amendment was proposed to bring transparency to the allocation of mining licence process by auctions.<ref name=LSPasses/> It was passed in the [[Lok Sabha]] on 3 March 2015 and in the [[Rajya Sabha]] on 20 March 2015.<ref name=LSPasses>{{cite news|title=Lok Sabha passes changes to Mines and Minerals Act|url=http://www.thehindu.com/news/national/a-quick-guide-to-the-bills-in-parliament-today/article6951403.ece|access-date=9 March 2015|work=[[Business Standard]]|date=3 March 2015}}</ref><ref name=Passed>{{cite news|title=Parliament passes Mines and Minerals, Coal Mines Bill|url=http://zeenews.india.com/business/news/economy/parliament-passes-mines-and-minerals-coal-mines-bill_121521.html|access-date=27 March 2015|work=[[Zee News]]|date=21 March 2015}}</ref> The bill sought to bring transparency to the allocation of mining licence process by auctions.<ref name=LSPasses/>

In November 2014, the draft of the bill was released for public comments.<ref name=Plans>{{cite news|title=Govt plans to issue mineral mining licences via auctions|url=http://www.thehindubusinessline.com/economy/govt-plans-to-issue-mineral-mining-licences-via-auctions/article6608637.ece|access-date=9 March 2015|date=17 November 2015}}</ref> On 12 January 2015, Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, was approved by the [[President of India]]. It was the 7th ordinance by the [[National Democratic Alliance (India)|National Democratic Alliance]] government since it took power in May 2014.<ref name=MiningOrdinance/> The bill to replace the ordinance was introduced in the Parliament on 23 February 2015.<ref name=CoalBills>{{cite news|title=Land and Coal Bills introduced in Lok Sabha|url=http://www.thehindu.com/news/national/land-acquisition-amendment-bill-introduced-in-lok-sabha-amid-opposition-uproar/article6928709.ece|access-date=9 March 2015|work=[[The Hindu]]|date=24 February 2015}}</ref>

On 16 May 2014, the [[Supreme Court of India]] cancelled licences of 26 mines in [[Odisha]] state. These mines were being operating even though the state had not given them renewal leases. The state was given 6 months to resolve the issues. During this period, Odisha renewed 8 leases.<ref name=CannotOdisha>{{cite news|title=Mining law ensures auction cannot take off in Odisha|url=http://www.business-standard.com/article/economy-policy/mining-law-ensures-auction-cannot-take-off-in-odisha-115030301485_1.html|access-date=9 March 2015|work=[[Business Standard]]|date=3 March 2015}}</ref> On 6 January 2015, the [[Government of Odisha]] decided to auction its remaining non-coal mining leases awaiting renewal.<ref name=Outsmarts>{{cite news|title=Naveen Patnaik outsmarts Centre on mines auction issue|url=http://www.dnaindia.com/india/report-naveen-patnaik-outsmarts-centre-on-mines-auction-issue-2050305|access-date=9 March 2015|work=[[DNA India]]|date=6 January 2015}}</ref><ref name=OdishaAuction>{{cite news|title=Odisha to auction mine leases except coal|url=http://www.business-standard.com/article/politics/odisha-to-auction-mine-leases-except-coal-115010500789_1.html|access-date=9 March 2015|work=[[Business Standard]]|date=6 January 2015}}</ref> The state was granted 2 more months on 23 February to decide. However, introduction of the bill delayed Odisha's plans of auction.<ref name=CannotOdisha/>

The amendment seeks to introduce a system of auctions to allocate mining licenses. A fixed percentage to the revenue of any mine will be allocated to development of the area around it, to be called a District Mineral Foundation. The state government will set the rates and it will be in addition to the [[royalties|royalty]].<ref name=Plans/><ref name=Foundation>{{cite news|title=Union govt to create District Mineral Foundation in mining-affected areas|url=http://www.thehindu.com/news/national/other-states/union-govt-to-create-district-mineral-foundation-in-miningaffected-areas/article6638970.ece|access-date=9 March 2015|work=[[The Hindu]]|date=27 November 2015}}</ref> A National Mineral Exploration Trust will be set up to explore and promote non-coal minerals. It will have a starting fund of {{currency|500|INR}} crore and will be funded by a 2% levy from mining license holders.<ref name=Seed>{{cite news|title=Govt to seed mineral trust with Rs500 cr|url=http://indianexpress.com/article/business/business-others/govt-to-seed-mineral-trust-with-rs500-cr/|access-date=9 March 2015|work=[[The Indian Express]]|date=15 January 2015}}</ref>

The licences will have a validity of 50 years, compared to the previous 30 years. There will be no renewal of licences, only re-auction.<ref name=LSPasses/><ref name=Plans/> The bill contains a new license for [[prospecting]]-cum-[[mining]], replacing a two-stage process.<ref name=ProvenReserves>{{cite news|title=Auction of mining leases not useful without proven reserves, says SGAT|url=http://www.business-standard.com/article/economy-policy/auction-of-mining-leases-not-useful-without-proven-reserves-says-sgat-115012000785_1.html|access-date=9 March 2015|work=[[Business Standard]]|date=20 January 2015}}</ref> The mining and prospecting-cum-mining licences may be transferred to another party by notifying the state government. The state government may charge a fees for such transfers.<ref name=Plans/> Notified minerals like iron ore, [[limestone]], [[manganese]], and [[bauxite]], will not require a prospecting licence. The mining licence will be auctioned. For non-notified minerals, a prospecting-cum-mining licence will be required.<ref name=Hefty/>

The amendment will make [[Mining scams in India|illegal mining]], [[trespassing]] and violation of norms, [[cognisable offence]]s punishable by 2 years imprisonment and/or fine. The state government will be allowed to set up special courts for such trials.<ref name=Hefty>{{cite news|title=Proposed mines Bill for hefty penalty for violators|url=http://www.livemint.com/Politics/BjAPr5YBi9JBLVl9tnZlWO/Proposed-mines-Bill-for-hefty-penalty-for-violators.html|access-date=9 March 2015|work=[[Live Mint]]|date=18 November 2015}}</ref>

====Criticism====
In January 2015, after the ordinance was signed, a mining industry [[lobby group]] Society of Geo-scientists and Allied Technologists (SGAT) said that the [[prospecting]]-cum-[[mining]] was useless as no one would apply for such a licence unless they had found a proven reserve by prospecting first.<ref name=ProvenReserves/>

In March 2015, during the session in which the bill was tabled, the central government did accept the changes proposed some opposition members, some of whom staged a [[walk-out]].<ref name=AmidOppnWalkout/> [[Biju Janata Dal]] (BJD) political party of [[Odisha]] said that the bill infringes on the rights of state governments. The view was supported by [[Indian National Congress]] and [[All India Trinamool Congress]] party.<ref name=LSPasses/> [[Kariya Munda]] of [[BJP]] said that provisions for the [[tribal]]s displaced by mines should be made. [[Tathagata Satapathy]] of BJD also voiced similar concerns. The period of validity of licences was criticised as being too long at 50 years.<ref name=AmidOppnWalkout>{{cite news|title=LS Passes Mines and Minerals Bill Amid Oppn Walkout|url=http://www.newindianexpress.com/nation/LS-Passes-Mines-and-Minerals-Bill-Amid-Oppn-Walkout/2015/03/04/article2697019.ece|access-date=9 March 2015|work=[[The New Indian Express]]|date=4 March 2015}}</ref>

===2016===
The Union Cabinet of India approved amendments in March 2016. The amendment will allow transfer of captive mining leases not granted through auction. Transfer of captive mining leases, granted otherwise than through auction, would allow mergers and acquisitions of companies and facilitate ease of doing business for companies to improve profitability and decrease costs of the companies' dependent on supply of mineral ore from captive leases. The transfer provisions will also facilitate banks and financial institutions to liquidate stressed assets where a company or its captive mining lease is mortgaged.<ref>{{citation |title=Amendment to the Mines and Minerals (Development and Regulation) Act, 1957 |url=http://www.business-standard.com/article/government-press-release/amendment-to-the-mines-and-minerals-development-and-regulation-act-1957-116031000721_1.html |work=[[Business Standard]] |date=10 March 2016 }}</ref>

==See also==
* [[Mining in India]]
* [[List of Acts of the Parliament of India]]

==References==
{{reflist}}

==External links==
*{{cite web|title=Mines and Minerals (Development and Regulation) Act, 1957 (No. 67 of 1957) |url=http://mines.nic.in/writereaddata/Filelinks/e342d686_MMDR%20Act%201957.pdf |publisher=[[Ministry of Mines (India)]] |date=May 2012 |url-status=dead |archive-url=https://web.archive.org/web/20150218152618/http://mines.nic.in/writereaddata/Filelinks/e342d686_MMDR%20Act%201957.pdf |archive-date=18 February 2015 }}

{{Indian legislations}}

[[Category:Acts of the Parliament of India 1957]]
[[Category:Mining law and governance]]
[[Category:Mining in India]]
[[Category:Ministry of Mines (India)]]

Mines and Minerals (Development and Regulation) Act - Revision history

imported>Monkbot: Task 18 (cosmetic): eval 20 templates: hyphenate params (19×);