RE: MINING POLICY, REGULATION - INDIA6 Dec 2020 00:48
(CONTINuED)
3.2 In pursuance of the basic structural reforms initiated by the Government of India in July, 1991 in fiscal, industrial and trade
regimes, the National Mineral Policy was announced in March, 1993. The National Mineral Policy recognised the need for
encouraging private investment including foreign direct investment and for attracting state-of-the-art technology to the mineral sector. Further, the policy stressed that the Central Government, in consultation with the State Governments, shall continue to formulate the legal measures for the regulation of mines and the development of mineral resources to ensure basic uniformity in mineral administration so that the development of mineral resources keeps pace, and is in consonance with the national policy goals.
3.3 In furtherance of the objective of the National Mineral Policy, the MMDR Act, 1957 has been amended twice in 1994 and
1999. The Mineral Concession Rules, 1960 (MCR) and the Mineral Conservation and Development Rules 1988 (MCDR), framed
under the MMDR Act, 1957 have been also modified. Salient features of the amended mining legislation are as follows:
(i) There is no restriction on foreign equity holding in mining sector companies registered in India.
(ii) There is a greater stability on tenure of mineral concessions, since the minimum period of a mining lease is twenty years
with a maximum period of thirty years. The period of prospecting license is now three years, with possibility of renewal by
a further period of two years.
(iii) Thirteen minerals like iron ore, manganese ore, chrome ore, sulphur, gold, diamond, copper, lead, zinc, molybdenum,
tungsten, nickel and platinum group of minerals which were reserved exclusively for public sector exploitation have been
thrown open for exploitation by private sector.
(iv) With the 1999 amendment, a concept of reconnaissance operations as a stage of operation distinct from and prior to actual
prospecting operations was introduced. The period of reconnaissance permit is three years. A reconnaissance permit holder
enjoys preferential right for grant of prospecting license.
(v) Area restrictions notified for reconnaissance permit, prospecting license, mining lease have been made applicable state-wise, instead of the country as a whole.
(vi) In 1994, fifteen minerals were removed from the list of minerals included in the First Schedule to the MMDR Act, 1957.
With further amendments in 1999, the mineral limestone was deleted from the First Schedule, and permission of the Central
Government is now required for grant of mining lease, prospecting license, and reconnaissance permit in respect of only 10
non-fuel and non-atomic minerals. These minerals are asbestos, bauxite, chrome ore, copper ore, gold, iron ore, lead,
manganese ore, precious stones and zinc.
(vii) State Governments have been delegated powers to grant mineral concessions even for areas which are not compact or
contiguous.
(viii) State Governments h