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National Mineral Policy 2006 - Department of Mines

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Annexure 2Federation <strong>of</strong> Indian <strong>Mineral</strong> Industries.......... QueristOPINION1. I have read the Case for Opinion and have had the benefit <strong>of</strong> the Conference withQuerist’s Advocate at which a senior Representative <strong>of</strong> the Querist was also present.2. The Federation <strong>of</strong> Indian <strong>Mineral</strong> Industries (FIMI) is an all-India body representingthe mining industry as well as the industries related thereto. FIMI has more than 400direct members and 35 regional associations (who represent the regional and localinterests in various parts <strong>of</strong> the country). FIMI has a its member public sectorcompanies (both State and Central), private sector companies, foreign multinationals,JVs, etc. The basic object <strong>of</strong> FIMI is to advance and promote, by legitimate andconstitutional means, the commercial and economic interest <strong>of</strong> the mining industry aswell as industries related thereto or based thereon.3. The entire regime for the development and regulation <strong>of</strong> mines and minerals isgoverned by the legislative powers vested in the Central and States under theConstitution <strong>of</strong> India. Entry 54 <strong>of</strong> List-I <strong>of</strong> the Seventh Schedule empowers theParliament to pass laws with respect to:-“Regulation <strong>of</strong> mines and mineral development to the extent to which suchregulation and development under the control <strong>of</strong> the Union is declared byParliament by law to be expedient in the public interest.”Entry 23 in the State list (List-II) empowers State Legislatures to pass laws withrespect to:-“Regulation <strong>of</strong> mines and mineral development subject to the provisions <strong>of</strong>List I with respect to regulation and development under the control <strong>of</strong> theUnion.”4. Parliament has enacted the <strong>Mines</strong> and <strong>Mineral</strong>s (Development and Regulation) Act,1957 (MMDR Act) [(formerly the <strong>Mines</strong> and <strong>Mineral</strong>s (Regulation and Development)Act] to provide for the development and regulation <strong>of</strong> mines and minerals under thecontrol <strong>of</strong> the Union. Two sets <strong>of</strong> Rules viz. <strong>Mineral</strong> Concession Rules, 1960(hereinafter referred as MCR) and <strong>Mineral</strong> Conservation and Development Rules,1988 (hereinafter referred as MCDR) have been framed under the Central Act. TheAct and the Rules provide the legal framework for the grant <strong>of</strong> mineral concessionsand development in respect <strong>of</strong> major minerals.5. Before undertaking mining operations, an entrepreneur has to undertakereconnaissance operations to locate the mineral occurrence. Reconnaissance257

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