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National Mineral Policy 2006 - Department of Mines

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Chapter 1<strong>National</strong> <strong>Mineral</strong> <strong>Policy</strong> and MMDR Act(Term <strong>of</strong> Reference no. 1)To review the <strong>National</strong> <strong>Mineral</strong> <strong>Policy</strong>, 1993 and the <strong>Mines</strong> and <strong>Mineral</strong>s (Development andRegulation) Act, 1957 and suggest the changes needed for encouraging investment in publicand private sector in exploration and exploitation <strong>of</strong> mineralsEVOLUTION OF MINING POLICY AND LAW1.1 The <strong>Mineral</strong> <strong>Policy</strong> Conference held in January 1947 resulted in the enactment <strong>of</strong> the<strong>Mines</strong> and <strong>Mineral</strong>s (Regulation and Development) Act, 1948, the first legal framework inindependent India for the regulation and development <strong>of</strong> mines. The conference also resultedin the establishment <strong>of</strong> the Indian Bureau <strong>of</strong> <strong>Mines</strong> (IBM) in March 1948 as the mainregulatory agency for monitoring and supervising mining activity in the country. With theadoption <strong>of</strong> the Constitution <strong>of</strong> India on 26 January 1950, the legislative powers <strong>of</strong> theCentral government and the state governments were clearly defined. Entry 54 <strong>of</strong> List I in theSeventh Schedule <strong>of</strong> the Constitution empowered the Central government to regulate miningactivities and the development <strong>of</strong> minerals. Entry 23 <strong>of</strong> List II in the Seventh Scheduleempowered the state governments to frame rules and regulations in respect <strong>of</strong> miningactivities and mineral development, subject to the provisions <strong>of</strong> List I.1.2 The Industrial <strong>Policy</strong> Resolution, 1956 (IPR) put major minerals such as coal, lignite,mineral oils, iron ore, copper, zinc, atomic minerals, etc. in Schedule A, which was reservedexclusively for the public sector, and minor minerals in Schedule B, in which the privatesector was allowed to participate in mining activities along with the public sector. Inpursuance <strong>of</strong> the IPR, the Parliament enacted the <strong>Mines</strong> and <strong>Mineral</strong>s (Regulation andDevelopment) Act, 1957 for the regulation <strong>of</strong> mines and development <strong>of</strong> minerals, applicableto all minerals except mineral oils. Two Rules, viz. MCR and MCDR, were framed under theAct. While the MCR deals with the major minerals the state governments are free to frametheir own rules for mineral concessions with respect to minor minerals. Accordingly, moststates have framed their own minor <strong>Mineral</strong> Concession Rules.1.3 The <strong>Mines</strong> and <strong>Mineral</strong>s (Regulation and Development) Act, 1957 was first amendedin 1972, enhancing government control over mining through such measures as premature5

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