Previous Year Question
With reference to the management of minor minerals in India, consider the following statements.
Sand is a ‘minor mineral’ according to the prevailing law in the country.
State Governments have the power to grant mining leases of minor minerals but the powers regarding the formation of rules related to the grant of minor minerals lie with the Central Government.
State Governments have the power to frame rules to prevent illegal mining of minor minerals.
Which of the statement(s) given above is/are correct?
1 and 3
2 and 3
Only 3
1, 2 and 3
Correct Answer: A
Detailed Solution
This question is based on Sections 3(e), 14, 15 and 23C of the Mines and Minerals (Development and Regulation) Act, 1957—MMDR Act.
Statement 1 is correct
Under Section 3(e) of the MMDR Act, minor minerals include:
building stones,
gravel,
ordinary clay,
and ordinary sand.
There is, however, an important legal exception—ordinary sand, except sand used for prescribed industrial purposes, is a minor mineral. This means that the law does not automatically classify every type of sand as a minor mineral; sand in the ordinary sense used in the statement falls within this category.
Therefore, Statement 1 is correct.
Statement 2 is incorrect
Its first part is correct—State Governments can grant mining leases, quarry leases and other mineral concessions concerning minor minerals.
Its second part, however, is incorrect. Under the MMDR Act:
Section 14 provides that Sections 5 to 13 of the Act do not apply to minor minerals.
Section 15(1) empowers a State Government, through a notification in the Official Gazette, to make rules regulating the grant of quarry leases, mining leases and other mineral concessions concerning minor minerals.
Thus, both the power to grant concessions for minor minerals and the power to frame rules governing such grants lie with the State Government. The Central Government provides the broader statutory framework, but the statement incorrectly assigns the relevant rule-making power exclusively to the Central Government.
Consequently, even though its first part is correct, the complete Statement 2 is incorrect.
Statement 3 is correct
Section 23C of the MMDR Act empowers State Governments to make rules to prevent illegal mining, transportation and storage of minerals.
Under Section 23C, a State Government can make rules concerning:
establishment of check-posts for minerals in transit,
establishment of weighbridges to measure transported minerals,
regulation of mineral transportation,
inspection and search at places of excavation, storage or during transit,
maintenance of prescribed registers and forms.
Therefore, the powers of State Governments are not confined to granting leases; they can also frame enforcement rules to prevent illegal mining, transportation and storage.