Mining in India is governed by a comprehensive framework of acts and rules designed to regulate mineral development, ensure safety, and protect the environment. The primary legislation includes:
CORE MINING LEGISLATION
- The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act): The foundational act governing the leasing, exploration, and development of all minerals.
- The Mines Act, 1952: Focuses on worker health, safety, and welfare, regulating working conditions and employment in mines.
- MMDR Amendment Acts (2015, 2021, 2023): Introduced significant reforms, including mandatory auctions for mineral concessions, the creation of District Mineral Foundations (DMF), and simplified rules for critical minerals.
KEY MINERAL RULES (UNDER MMDR ACT)
- Mineral Concession Rules, 1960/2016: Defines procedures for obtaining reconnaissance permits, prospecting licences, and mining leases.
- Mineral Conservation and Development Rules, 2017 (MCDR): Ensures scientific mining practices, environmental protection, and conservation of minerals.
- Minerals (Evidence of Mineral Contents) Rules, 2015: Sets standards for proving mineral resources before auctions.
- Minerals (Auction) Rules, 2015: Rules governing the electronic auctioning of major mineral concessions.
- District Mineral Foundation (DMF) Rules, 2015: Governs contributions from miners to support development in areas affected by mining.
KEY MINERAL RULES IN STATE OF RAJASTHAN
The Rajasthan Minor Mineral Concession Rules (RMMCR) govern mining for non-major minerals like sandstone, marble, and granite. Following the 1955 rules, the significant 1986 rules were replaced by the current Rajasthan Minor Mineral Concession Rules, 2017, which went into force on March 1, 2017, and are frequently amended (e.g., 2022, 2025) to enhance sustainability, revenue, and ease of business.
KEY HISTORICAL EVOLUTION
- Early Rules (1955-1977): Initial regulation of minor minerals began with rules in 1955, followed by the Rajasthan Minor Mineral Concession Rules, 1977.
- 1986 Rules: The Rajasthan Minor Mineral Concession Rules, 1986 replaced the 1977 rules, formalizing the delegation of powers to officials like the Director of Mines & Geology for mining lease administration.
- 2017 Rules (Current Framework): The Rajasthan Minor Mineral Concession Rules, 2017 were introduced to better align with the Mines and Minerals (Development and Regulation) Act, 1957, emphasizing competitive bidding and regulating environmental aspects.
- Recent Amendments (2022-2025): The 2017 rules were updated to encourage investment. Key changes include lowering lease transfer premiums, allowing mining on >4 hectares of khatedari land, increasing focus on online processes, and reforming royalty structures.
KEY ASPECTS OF THE RULES
- Applicability: Applies to the entire state of Rajasthan.
- Authority: Powers are vested in the Department of Mines and Geology (DMG), governed by Section 15 of the MMDR Act, 1957.
SAFETY AND TECHNICAL REGULATIONS (UNDER MINES ACT)
- Mines Rules, 1955: Detailed procedures for health, sanitation, and safety.
- Metalliferous Mines Regulations, 1961: Safety rules specifically for non-coal mines.
- Coal Mines Regulations, 2017: Regulations pertaining to safety in coal mines.
- Mines Rescue Rules, 1985: Guidelines for safety and emergency responses.
- Mines Vocational Training Rules, 1966: Mandatory safety training for employees.
ENVIRONMENTAL AND RELATED LAWS
- Indian Forest Act, 1927: Governs forest administration and governs the diversion of forest land for mining.
- Wildlife (Protection) Act, 1972: Protects wild animals, birds, and plants, and establishes sanctuaries/national parks.
- Forest (Conservation) Act, 1980: Regulates diversion of forest land for non-forest purposes.
- Environment (Protection) Act, 1986: Umbrella law for environmental protection and improvement. Mandates Environmental Impact Assessment (EIA) for mining projects.
- Biological Diversity Act-2002 : Manages biodiversity, access to genetic resources, and benefit sharing.
- National Green Tribunal Act, 2010: Establishes NGT for environmental cases
- Water (Prevention and Control of Pollution) Act, 1974
- Air (Prevention and Control of Pollution) Act, 1974
NEW LABOUR CODES
- Code on Wages, 2019: Universalizes minimum wages across all sectors and mandates timely payment (by the 7th of the month).
- Industrial Relations Code, 2020: Streamlines dispute resolution, alters conditions for layoffs and retrenchment, and promotes formal employment.
- Code on Social Security, 2020: Extends benefits like PF and ESI to gig workers, platform workers, and unorganized sectors.
- Occupational Safety, Health and Working Conditions Code, 2020: Mandates safer working conditions, free annual health checks, and covers inter-state migrant worker