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Mines
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Growth and prosperity of a nation depends on the search, development and management of its mineral resources. Minerals constitute an important raw material and a valuable natural resource in the industrial development of the country. Due to increased competition, liberalisation and globalisation world-wide, the markets for minerals have been growing both in diversity and magnitude terms.

The minerals and mining industry is a key segment of the Indian economy, with India being highly endowed with vast mineral resources. The country's accelerated growth rate warrants a rapid development of the mining sector, on which most of the basic industries in the manufacturing sector depend. Extraction and development of minerals are closely interlinked with other natural resources like land, water, air and forest. Hence, the management of this precious resource and its optimal and economical use are matters of national importance.

Three kinds of mineral concessions are recognized in Indian law. They are:-
  1. Reconnaissance Permit (RP) - granted for preliminary prospecting of a mineral through regional , aerial, geophysical or geochemical surveys and geological mapping.

  2. Prospecting License (PL) - granted for undertaking operations for purpose of exploring, locating or proving mineral deposit and
  1. Mining Lease (ML) - granted for undertaking operations for winning any mineral. The main opportunities in the mining sector are in the development and production of surplus commodities such as iron ore and bauxite, mica, potash, few low-grade ores, mining of small gold deposits, diamonds, platinum group of metals and other rare metals, etc.

Under the Constitution of India, management of mineral resources is the responsibility of the Central Government and the State Governments in terms of the Union List and State List respectively. The Central Government is the owner of the minerals underlying the ocean within the territorial waters or the Exclusive Economic Zone of India, while the State Governments are the owners of minerals located within the boundary of the State concerned. The Central Government, in consultation with the State Governments, formulates the legal measures for regulation of mines and minerals in order to ensure basic uniformity in mineral administration as well as to maintain the pace of development of mineral resources, in consonance with the national policy goals.

At the Central level, the 'Ministry of Mines' is the nodal agency for overall growth and expansion of minerals and mining sector. It is responsible for survey and exploration of all minerals (other than natural gases, petroleum and atomic minerals); for mining and metallurgy of non-ferrous metals like aluminium, copper, zinc, lead, gold, nickel, etc. as well as for administration of the 'Mines and Minerals (Regulation and Development) Act, 1957' in respect of all mines and minerals (other than coal, natural gas and petroleum). At present, the Ministry is having two subordinate offices, namely:-

  • Geological Survey of India (GSI), Kolkata - is one of the biggest national survey organisations of the world and one of the largest scientific organization of the country. It has been functioning as a vital arm of the Ministry, providing basic and specialised information on mineral resources as well as contributing to their development and management. It seeks to collect, synthesize and update the data about the sector on a continuous basis as well as refine the nation's geoscientific information and knowledge. Such database is the basic source of accurate and specialised geoscientific inputs to a wide spectrum of end users covering Government/semi-Government agencies, multi-national and private organisations involved in resource exploitation, research, education, etc.

  • Indian Bureau of Mines (IBM), Nagpur - is engaged in the promotion of scientific development of mineral resources of the country, conservation of minerals and protection of environment in mines, other than coal, petroleum and natural gas, atomic mineral and minor minerals. It performs regulatory functions, namely enforcement of the Mineral Conservation and Development Rules, 1988, the relevant provisions of the Mines and Minerals (Development and Regulation) Act, 1957, Mineral Concession Rules, 1960 and Environmental Protection Act, 1986 and Rules made there under. It provides technical consultancy services to the mining industry for the geological appraisal of mineral resources, and the preparation of feasibility reports of mining projects, including beneficiation plants. It functions as Data Bank of Mines and Minerals and publishes statistical periodicals.

The public sector undertakings (PSUs) under the Ministry are:-

  1. National Aluminium Company Limited (NALCO), Bhubaneswar

  2. Hindustan Copper Limited (HCL), Kolkata and

  3. Mineral Exploration Corporation Limited (MECL), Nagpur

While, there are three research institutions, which are autonomous bodies of this Ministry, such as:- Jawaharlal Nehru Aluminium Research Development and Design Centre (JNARDDC), Nagpur; National Institute of Rock Mechanics (NIRM), Kolar; and National Institute of Miners' Health (NIMH), Kolar. The Ministry's science and technology programme covers the disciplines of geology, exploration, mining and environment, bioleaching, beneficiation rock mechanics and ground control and non-ferrous metallurgy. 135 projects have been completed so far and 9 are continuing. 11 new projects have also been received for consideration.

The Mines and Minerals (Development and  Regulation) Act, 1957, (MMDR Act) and the Mines Act, 1952, together with the rules and regulations framed under them, constitute the basic laws governing the mining sector in India. The MMDR Act, 1957 lays down the legal frame-work for the regulation of mines and development of all minerals other than petroleum and natural gas. The provisions of the Act and the Rules are reviewed from time to time and harmonised with the policies governing industrial and socio-economic developments in the country.

The Central Government have framed the Mineral Concession Rules, 1960 for regulating grant of prospecting licences and mining leases in respect of all minerals other than atomic minerals and minor minerals. While, the State Governments have framed the rules in regard to minor minerals. The Central Government have also framed the Mineral Conservation and Development Rules, 1988 for conservation and systematic development of minerals. These are applicable to all minerals except coal, atomic minerals and minor minerals.

In pursuance of the reforms initiated by the Government of India in 1991, the Ministry had formulated the National Mineral Policy in 1993 and offered several incentives and concessions to the investors. The policy recognized the need for encouraging private investment, including foreign direct investment and for attracting state-of-the-art technology in the mineral sector. The basic objectives of the mineral policy are to:-
  • Explore for identification of mineral wealth in the land and in off-shore areas.

  • Develop mineral resources taking into account the national and strategic considerations and to ensure their adequate supply and best use keeping in view the present needs and future requirements.

  • Promote necessary linkages for smooth and uninterrupted development of the mineral industry to meet the needs of the country.

  • Promote research and development in minerals.

  • Ensure establishment of appropriate educational and training facilities for human resources development to meet the manpower requirements of the mineral industry.

  • Minimise adverse effects of mineral development on the forest, environment and ecology through appropriate protective measures.

  • Improve the investment climate for mining in the country and

  • Ensure conduct of mining operations with due regard to safety and health of all concerned.
In furtherance of the objectives 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 also been modified. Salient features of the amended mining legislation are as follows:-
  • There is no restriction on foreign equity holding in mining sector companies registered in India.

  • There is a greater stability of tenure of mineral concessions, since the minimum period of a mining lease is twenty years and a maximum period of thirty years. A mining lease may be renewed for a period not exceeding twenty years and may again be renewed for a period not exceeding twenty years in respect of minerals specified in Part C of the First Schedule of the Act (MMDR Act). In respect of minerals specified in Part A and B of the First Schedule of the Act, such renewal may be granted with the previous approval of the Central Government. The period of prospecting license now is three years, with possibility of renewal for a further period of two years.

  • 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 exploitation by the public sector, have now been thrown open for exploitation by the private sector.

  • 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 licence.

  • 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 ten 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.

  • State Governments have been delegated powers to grant mineral concessions even for areas which are not compact or contiguous. They also have been empowered to permit amalgamation of two or more adjoining mining leases.

  • Time limits have been prescribed for conveying a decision on applications for mineral concessions, such as six months for reconnaissance permits, nine months for prospecting licences and twelve months for mining leases, etc.

Such policy framework and its subsequent revision has further opened up the sector and increased the inflow of domestic and foreign investment. Also, automatic approval of foreign direct investment up to 100 per cent has been permissible for exploration and exploitation of all non-fuel and non-atomic minerals (including gold and silver). However, for precious stones and diamonds, it has been permissible up to 74 per cent.

After the introduction of the concept of reconnaissance permit, 205 reconnaissance permits covering an area of over 2,82,908.503 square kilometers have been granted prior approval till 31.12.2006, of which 03 reconnaissance permits for an area of over 4135 square kilometers were approved for grant during the period from 2006-2007. The States for which reconnaissance permits have been approved so far are Andhra Pradesh (39), Karnataka (39), Rajasthan (40), Chhattisgarh (24), Madhya Pradesh (23), Orissa (21), Uttar Pradesh (10), Jharkhand (2), Haryana (1), Gujarat (4), West Bengal (1) and Kerala (1).]

However, the demand growth for metals and minerals, domestic as well as global, is continuously pushing up the prices. In India, the Wholesale Price Index for non-fuel minerals (base year 1993-94=100) stood at 424.5 in August 2006 and the corresponding index for August 2005 was 315.9. The minerals included in the Wholesale Price Index are bauxite, chromites, iron ore, manganese ore, asbestos, barytes, dolomite, felspar, fireclay, fluorite, gypsum, Kaolin (china clay), limestone, magnesite, ochre, phosphorite, silica sand, steatite, and vermiculite. The Wholesale Price Index for metallic minerals has been 618.2 in August 2006 as compared to 442.3 in August 2005 and that of other minerals has been 118.7 in August 2006 as compared to 116.4 in August 2005.

In order to encourage greater investment in exploration and mining as well as remove bottlenecks which hinder the productivity and efficiency of this sector, the Planning Commission has set up a 'High Level Committee' under the Chairmanship of Shri Anwarul Hoda, Member, Planning Commission. The Committee aimed at reviewing the National Mineral Policy and recommending possible amendments to the MMDR Act, so as to attune them to the present requirements of the world economy for evolving of mining code adapted to the best international practices, streamlining and simplifying of procedures for grant of mineral concessions to reduce delays, strengthening the infrastructure for mining activities, etc. Some of the other terms of reference of the Committee are to:-

  • Suggest the changes needed for encouraging investment in public and private sector in exploration and exploitation of minerals.

  • Review the procedures for according clearance to mineral exploration and mining projects under the Forest (Conservation) Act, 1980 and Environment (Protection) Act, 1986, and suggest ways for speeding them up.

  • prioritise the critical infrastructure needs of the Indian mining sector and make recommendations on ways to facilitate investment to meet these needs.

  • Examine the implications of the policy of mineral-rich States to make value addition within the State a condition for grant of mineral concession and make appropriate recommendations in this regard.

  • Examine ways of augmenting State revenues from the mineral sector and

  • Examine any other issue relevant for stimulating investment flows and inducting state-of-the-art technology into the sector.

As a result of all such incentives and measures, the index of mineral production, excluding fuel and atomic minerals, (base year 1993-94=100) for the year 2006-07, is expected to be 161.10 as compared to 155.25 in 2005-06, showing a positive growth. The total value of mineral production (excluding atomic minerals) during the year 2006-07 is estimated at Rs. 87,866.35 crores. During the same year, provisional value of fuel minerals account for Rs. 63,938.76 crores (73 percent of total value); metallic minerals are estimated at Rs. 12,858.71 crores (15 percent of total value); and non-metallic minerals, including minor minerals, are valued at Rs. 11,068.88 crores (12 percent of the total value).

The provisional value of export and import of ores and minerals, during the year 2005-06, has been Rs. 79,790 crore and Rs. 2,43,839 crore respectively. Diamond (mostly cut) was the principal item of export (during 2005-06), which accounted for 64.4 percent, followed by iron ore with a contribution of 21.1 percent, granite with a contribution of 4.4 percent, alumina with a contribution of 2.2 percent, zinc ores and concentrates at 1.14 percent, precious and semi precious stones with a contribution of 0.93 percent and chromite with a contribution of 0.8 percent. Building and monumental stones, emerald, coal (including lignite), marble and bauxite were the other important minerals exported during the year 2005-06. While, petroleum (crude) was the main constituent of mineral import, which accounted for 70.7 percent of the total value of import of ores and minerals, followed by diamond (uncut) with 16.3 percent. Coal, copper ores and concentrates, natural gas, coke, rock phosphate, sulphur, precious and semi precious stones, alumina and iron ore were the other important minerals imported during the same year.

Thus, mines are integral part of India's industrial set up. They offer innumerable opportunities for exploring and discovering various sub-surface deposits using modern techniques. They are useful for the investors the world over for manufacturing several value-added products. Therefore, it is imperative to achieve the best use of available mineral resources through scientific methods of mining, beneficiation and economic utilisation. Also, it is essential to keep in view the present and future needs of the country and take all possible steps to ensure indigenous availability of basic and strategic minerals for meeting the global challenges.

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