National Mineral Policy 2006 - Department of Mines
National Mineral Policy 2006 - Department of Mines National Mineral Policy 2006 - Department of Mines
operations are undertaken over a fairly large area (as per our Act upto 10,000 squarekilometers per state); after having done reconnaissance, an entrepreneur has to dodetailed prospecting on the ground (area limit 25 square kilometers per state). Theprospecting area helps him to know the correct nature of the deposit, the grade and thesize of the deposit. After detailed prospecting, he applies for the mining lease (arealimit 10 sq. km per State)6. Sections 5, 6, 7 and 8 of MMDR Act govern the grant of RP/PL/ML and provide formaximum area and periods respectively for RP/PL/ML. Section 11 deals withpreferential rights in certain cases. Rule 63(A) of MCR is the omnibus provisiondealing with time-limits for the disposal of RP/PL/ML. It reads as follows:“Rule 63(A): The State Government shall dispose of the application for thegrant of reconnaissance permit, prospecting licence or mining lease in thefollowing period:a) Reconnaissance Permit - within six months from the date of receipt of theapplication for reconnaissance permit under rule 4A.b) Prospecting Licence - within nine months from the date of receipt of theapplication for prospecting licence under rule 10.c) Mining lease - within twelve months from the date of receipt ofapplication for mining lease under rule 22:Provided that the aforesaid periods shall be applicable only if the applicationfor reconnaissance permit, prospecting licence or mining lease, as the casemay be, is complete in all respects;Provided further that the disposal by the State Government in case ofminerals listed in the First Schedule to the Act shall mean eitherrecommendation to the Central Government for grant of the mineralconcession, or refusal to grant the mineral concession by the StateGovernment under rule 5 for reconnaissance permit, rule 12 for prospectinglicence and rule 26 for mining lease, and in all other cases, disposal shallmean either intimation regarding grant of precise area, or refusal to grantthe mineral concession under rule 5 for reconnaissance permit, rule 12 forprospecting licence and rule 26 for mining lease;Provided also that in case the State Government is not able to dispose of theapplication for grant of reconnaissance permit, prospecting licence or mininglease within the period as specified above, the reasons for the delay shall begiven in writing.”7. An entrepreneur has to apply for the grant of Reconnaissance Permit (RP),Prospecting Licence (PL) and Mining Lease (ML) to the State Government as perprocedure laid down in Mineral Concession Rules, 1960. However, if a mineral isspecified in Schedule-1 of the Act and/or if the area is in excess of the area mentionedin para 4 above, the concerned State Government has to take prior approval of the258
Central Government. The minerals mentioned in Schedule-1 are: Asbestos, Bauxite,Chrome ore, Copper ore, Gold, Iron ore, Lead, Manganese ore, Precious stones, Zinc.8. As an all India organisation, FIMI is very eager to promote investment in the miningsector. Although the Act was last revised in December, 1999 (to attract investment inmining sector) at the ground level there has been hardly any investment flow. Thebasic reason is the delay and cumbersome procedures which lead to time overruns -and the delay is at State levels. The Federation therefore wishes to approach theCentral Government to further amend the MMDR Act and simplify the proceduresand accordingly amend the MCR so that an entrepreneur does not have to wait forinterminable periods of time (left to be determined by the concerned StateGovernment) for grant of reconnaissance permit (RP), prospecting licence (PL) andmining lease (ML).The time-frames prescribed for the disposal of RP/PL/ML arepresently observed more in breach than in compliance, and the third proviso to Rule63A gives a virtual carte blanche to State Governments to dispose of applications longafter the prescribed periods, and only at the time of disposal of such applications togive written reasons for the delay: the ground reality is that most applications remainundisposed off for years, thus obviating the necessity for giving written reasons forthe delay : the occasion for giving such written reasons is thus pushed further andfurther away by simply not considering the applications.9. In the circumstances, the Federation proposes to move the Central Government forsome form of seamless conversion of RP/LAPL to PL and then to ML so that thedelays involved in each stage are minimised, and kept strictly within statutory limits -It seeks my opinion as to how this should be done.10. I am of the opinion that the remedy lies in an amendment to the revising powersconferred by Section 30 of the MMDR Act—by recasting the same. Section 30 shouldbe altered to read as follows and there needs to be added Rule 54A (after Rule 54) ofthe Mineral Concession Rules 1960.Suggested Amendments:A. Section 30: Powers of the Central Government. The Central Government may, ofits own motion or on application made within the prescribed time by an aggrievedparty:(i)(ii)revise any order made by a State Government or other authority in exercise ofthe powers conferred on it by or under this Act with respect to any mineralother than a minor mineral, orwhere no such order has been made by the State Government or otherauthority (in exercise of the powers conferred on it by or under this Act withrespect to any mineral other than a minor mineral) within the time prescribedtherefore (under Rule 63A), pass such order that it may think fit andappropriate in the circumstances: Provided that in cases covered by clause (ii)above the Central Government shall, before passing any order under thisclause, give an opportunity to the concerned State Government (or otherauthority) of being heard.259
- Page 218 and 219: • As in the past, no environmenta
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- Page 232 and 233: No-I&M-25(3)/2005Government of Indi
- Page 234 and 235: No-I&M-25(3)/2005Planning Commissio
- Page 236 and 237: ‘Efforts would also be made to gr
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- Page 240 and 241: etained as a Prescribed Substance u
- Page 242 and 243: OthersShri Arvind VarmaEx-Secretary
- Page 244 and 245: 16. Reserve Bank of India17. M/s Ji
- Page 246 and 247: the RP holders in areas beyond 25 s
- Page 248 and 249: Appendix ERecommendations of the Ex
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- Page 254 and 255: Cross-country Comparison of Mining
- Page 256 and 257: Appendix F (cont.)Country Mining La
- Page 258 and 259: Cross-country Comparison of Mining
- Page 260 and 261: Appendix G (cont.)Country Mining le
- Page 262 and 263: CountryAppendix H (Cont.)Environmen
- Page 264 and 265: AustraliaIndonesia 9 4 Not specifie
- Page 266 and 267: Annexure 1 (cont.)Geologicalenviron
- Page 270 and 271: B. After Rule 54 of the Mineral Con
- Page 272 and 273: the Central Government to entertain
- Page 274 and 275: applications, could exercise the ju
- Page 276 and 277: We most humbly request that the abo
- Page 278 and 279: Annexure 4The 2002Sustainability Re
- Page 280 and 281: While unique in its coverage and pr
- Page 282 and 283: • facilitate comparability• add
- Page 284 and 285: AssuranceJust as investors look to
- Page 286 and 287: The Guidelines are structured in fi
- Page 288 and 289: There are many aspects relevant for
- Page 290 and 291: - Issues in which community partici
- Page 292 and 293: Annexure 7Royalty Accruals on Miner
- Page 294 and 295: Sl.No.MineralAnnexure 8 (cont.)2003
- Page 296 and 297: Annexure 91 THE SECOND SCHEDULE 1(S
- Page 298 and 299: (v) Group V Coals:(a) Non-Coking Co
- Page 300 and 301: 23. Iron Ore:(i) Lumps:(a) with 65
- Page 302 and 303: 45. Tin Five per cent of London Met
- Page 304 and 305: International Comparison of Royalty
- Page 306 and 307: Production, Consumption, Exports, a
operations are undertaken over a fairly large area (as per our Act upto 10,000 squarekilometers per state); after having done reconnaissance, an entrepreneur has to dodetailed prospecting on the ground (area limit 25 square kilometers per state). Theprospecting area helps him to know the correct nature <strong>of</strong> the deposit, the grade and thesize <strong>of</strong> the deposit. After detailed prospecting, he applies for the mining lease (arealimit 10 sq. km per State)6. Sections 5, 6, 7 and 8 <strong>of</strong> MMDR Act govern the grant <strong>of</strong> RP/PL/ML and provide formaximum area and periods respectively for RP/PL/ML. Section 11 deals withpreferential rights in certain cases. Rule 63(A) <strong>of</strong> MCR is the omnibus provisiondealing with time-limits for the disposal <strong>of</strong> RP/PL/ML. It reads as follows:“Rule 63(A): The State Government shall dispose <strong>of</strong> the application for thegrant <strong>of</strong> reconnaissance permit, prospecting licence or mining lease in thefollowing period:a) Reconnaissance Permit - within six months from the date <strong>of</strong> receipt <strong>of</strong> theapplication for reconnaissance permit under rule 4A.b) Prospecting Licence - within nine months from the date <strong>of</strong> receipt <strong>of</strong> theapplication for prospecting licence under rule 10.c) Mining lease - within twelve months from the date <strong>of</strong> receipt <strong>of</strong>application for mining lease under rule 22:Provided that the aforesaid periods shall be applicable only if the applicationfor reconnaissance permit, prospecting licence or mining lease, as the casemay be, is complete in all respects;Provided further that the disposal by the State Government in case <strong>of</strong>minerals listed in the First Schedule to the Act shall mean eitherrecommendation to the Central Government for grant <strong>of</strong> the mineralconcession, or refusal to grant the mineral concession by the StateGovernment under rule 5 for reconnaissance permit, rule 12 for prospectinglicence and rule 26 for mining lease, and in all other cases, disposal shallmean either intimation regarding grant <strong>of</strong> precise area, or refusal to grantthe mineral concession under rule 5 for reconnaissance permit, rule 12 forprospecting licence and rule 26 for mining lease;Provided also that in case the State Government is not able to dispose <strong>of</strong> theapplication for grant <strong>of</strong> reconnaissance permit, prospecting licence or mininglease within the period as specified above, the reasons for the delay shall begiven in writing.”7. An entrepreneur has to apply for the grant <strong>of</strong> Reconnaissance Permit (RP),Prospecting Licence (PL) and Mining Lease (ML) to the State Government as perprocedure laid down in <strong>Mineral</strong> Concession Rules, 1960. However, if a mineral isspecified in Schedule-1 <strong>of</strong> the Act and/or if the area is in excess <strong>of</strong> the area mentionedin para 4 above, the concerned State Government has to take prior approval <strong>of</strong> the258