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Impetus to mining; govt. amends MMDR Act, 1957

By Niranjan Mudholkar,

Added 13 January 2015

To address the emergent problems in the industry.

The salient provisions of the Ordinance are as follows:

All mineral concessions will be granted only through auction {Section 10 B &11}.

Direct auction for mining leases for bulk minerals; auction of prospecting licences-cum-mining leases for deep-seated minerals {Section 10 B & 11}.

Uniform lease period of 50 years; no renewals; auction at the end of lease period; will solve issues arising out of all SC judgments on second and subsequent renewals {Section 8 A (1), (2), (3) and (4)}.

Transition period of minimum 15 years for captive mines and 5 years for other mines; no sudden stoppage as a result of amendment {Section 8 A (5) and 8 A (6)}. Central Government empowered to prescribe deadlines for various processes and to issue binding directions to States {Section 20 A}.

Central Government to frame separate rules for atomic minerals {Amendment to Section 11 (B)}.

The previous approval of the Central Government will not be required for grant of mineral concession except for Atomic Minerals, Coal and Lignite {Amendment to Section 5(1)}.

Enabling powers for reservation for the public sector to continue {Section 17 A (2A)}.

Higher penalties and jail terms for offences; special courts may be constituted, if necessary {Amendment to Section 21(1) & (2)}. .

District Mineral Foundation to take care of people and areas affected by mining {Section 9 (B)}.

National Mineral Exploration Trust to be set up for impetus to exploration {Section 9 (C)}.

Easy transferability of concessions obtained through auctions so as to attract private investment and FDI {Section 12 (A)}.

Powers to Central Government to intervene even where State Governments do not pass orders within prescribed time lines; this will eliminate delay {Amendment to Section 30}.
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