Mineral economics

1. Yuiyo shishak
yuiyoshishak@yahoo.com
INDIAN CONSTITUTION & MINING
LAWS

2. CONTENTS
1 INTRODUCTION
2 HISRORICAL BACKGROUND OF MINING
3 LAWS RELATING TO MINING IN INDIA
4 RESTRICTIONS
5 ENVIRONMENT
6 HEALTH AND SAFETY
7 CONCLUSION
8 REFERENCE

3. INTRODUCTION
Although mineral wealth vests with
state government yet the subject of
regulating of mines & minerals
development is covered under 7th
schedule of constitution of India. Rule
making powers in respect of minor
minerals have been delegated to the
states under section 15 to this act.

4. HISTORICAL BACKGROUND OF MINING
LEGISLATION IN INDIA
Mining is not a new phenomenon neither the
need for law regulating mining is new . There
law guiding & regulating mining activities
since 19th century . The proposal for regulating
of mining in India came in 1890, which was
introduced by Lord cross. And in the year 1952
, mine act was now applicable throughout
India .Since then the mine act has been
guiding & regulating the mining activity in
India.

5. LAWS RELATING TO MINING IN INDIA
Along with mines act 1952 there are
many other acts which regulates & provides a
framework to mining which includes the mine
& minerals act 1975. Auction by competitve
bidding of coal mines rules 2012 .
Mining is considered as one of the
important component of the economy of a
developed as well as of a developing country, it
adds to the national income of a country.

6. CONT…..
Mine as per section 2(j) of mines act means
any excavation where any operation for the
purpose of searching or obtaining minerals has
been carried from the earth by means of
tunnelling & shafting as well as it includes
open working or quarries. All power station etc
used for supplying electricity are also being
covered under the act of mining.It includes
different types of mining like Hydraulic mining,
Open cut mining or strip mining , placer mining
& oil &gas mining .

7. RESTRICTIONS
ELIGIBILITY RESTRICTION : Reconnaissance
permit, prospecting licence or mining leasecan
only be granted to an Indian national or a
company registered in India under companies
act 1956 as amemmed from time to time.
RESTRICTION ON TRANSFER: A prospecting
licence can only be transferred with the prior
approval of the relevant state Govt, (mineral
concession rule 1960)

8. ENVIRONMENT
The key environment pemits required in relation
to mining operation.
 Consent as required under the forest act 1980
for any mining activity in a forest area .
 Consent from the relevant state pollution
control board before establishing or operating
any industry or process likely to pollute the
environment act 1981 & water (prevention &
control pollution) Act 1974.

9. HEALTH AND SAFETY
Employers must ensure that the comply with
requirements under the following key labour
welfare & safety related legislation.
 The mines Act 1952 , which contains
requirements relating to the safety & welfare of
workers in mines.
The mines rules 1955 , which set out health &
saniation provisions for workers in mines
 Mines rules 1985 which relates to the welfare to
workers in the event of accidents inside mines &
rescue opertions..

10. CONCLSION
The provisions of this Act does not applies to mine or
a part therefore in which excavation is being made for
prospecting purposes & not for the purpose of
obtaining minerals for use or for sale.
This mining Acts covers all the part included in the
process of mining licensing , ownership role of both
central as well as state Govt, at the same time it
provides protecting to the workers through its different
provisions which deals with working hours & the wages
of the workers.
The main purpose of establishing licensing system
was for promoting environment protection.

11. REFERENCE
• ARTICLE BY : RIMJHIM VAISHNAVI
• BARANI V. HENRY , AIR 1983 SC 150 ,
PARAGRAGH 15