Dear all,
Though extraction of materials, minerals, metals, quarrying etc is generally governed by the Mines Act, there are also other provisions, rules and regulations enacted by both and state govts. There are also a few other regulations which are specifically applicable to coal mines, rare minerals like Uranium, thorium and other such minerals & metals. Similarly there are occupation disease related regulation especially deep mining of gold, coal, copper, uranium etc. shallow mining of silicon, asbestos etc. The health of persons engaged in these occupations and compensation to them who sustain occupational diseases and other issues are governed by other acts such as Workmen's Compensation (Silicosis) Act. Act No. 13, 1920. In some states/districts govts have banned mining of certain minerals which are known to be severely affecting the persons engaged thereon.
Generally in India Minerals & metails (ore & products) are classified into two groups, namely (i) Major minerals and (ii) Minor minerals. Amongst these two groups minor minerals have been defined under section 3 (e) of Mines and Minerals (Regulation and development) Act, 1957. They include building stones, gravel, ordinary clay, ordinary sand, limestone used for lime burning, boulders, kankar, murum, brick earth, bentonite, road metal, slate, marble, stones used for making household utensils etc. Therefore, all other minerals not defined as minor minerals in the said Act are treated as major minerals. They include coal, manganese ore, iron ore, bauxite, limestone, kyanite, sillimanite, barites, chromite, silica sand, fluorite, quartz, sand used for stowing purposes in coal, copper, uranium etc mines and many other minerals used for industrial purposes. Entry 54 of union list – I & Entry 23 of state list – II of seventh schedule of the constitution of India empowers the Union & State Governments respectively for management of minerals. Grant of mineral concession for major minerals are governed by the Rules and Regulations formulated by Central Government and are therefore same throughout the country. Rules for grant of licences, both for exploration & exploitation/concessions of minor minerals are framed by the State Government as per powers delegated under section 15 of Mines and Minerals (Regulation and Development ) Act, 1957. Apart from the Mines Act there are the following regulations & rules involved in mining/quarrying:
(i) Mines and Mineral (Development and Regulation) Act, 1957. (MMDR – Act 1957)
(ii) Mineral Concession Rules 1960. (MCR – 1960)
(iii) Mineral Conservation and Development Rules – 1988 (MCDR – 1988)
(iv) The Marble Development and Conservation Rules, 2002.( "marble" means crystalline metamorphosed calcareous or dolomitic rocks and serpentine rock types which are - (i) amenable to be recovered as dimensional stone; and (ii) capable of taking polish)
"quarry" means an opencast working as defined in Mines Act, 1952 (35 of 1952).
(v) Workmen's Compensation (Silicosis) Act. Act No. 13, 1920.
Therefore persons involved in mining both open cast and shallow/deep mining should be aware of what is what.