Introduction: The Ministry of Mines has introduced significant amendments through the Minerals (Evidence of Mineral Contents) Amendment Rules, 2024. These changes, effective from the date of publication in the Official Gazette, aim to enhance regulations under the Mines and Minerals (Development and Regulation) Act, 1957.
Detailed Analysis:
1. Amendment to Rule 2:
- Clause (iii) of rule 2 now includes a crucial addition. The words, “having grade equal to or more than the threshold value as specified and notified under the Atomic Minerals Concession Rules, 2016” are inserted after the words “(67 of 1957).” This emphasizes the importance of adhering to specified threshold values.
2. Modifications in Rule 5:
- Rule 5 witnesses significant changes, expanding its scope. The words, figures, and letter “or section 11D” are added after “section 11” in both the marginal heading and the opening portion. This broadens the areas covered under this rule.
3. Updates in Rule 7:
- Sub-rule (1) of Rule 7 sees an insertion after “section 11,” with the inclusion of the word, figures, and letter “or section 11D.” Additionally, a proviso is added in sub-rule (1A) for minerals specified in Part D of the First Schedule to the Act, requiring proposals to be submitted to the Central Government.
4. Committee Formation (Rule 7):
- Sub-rule (1B) introduces a committee for mineral potentiality assessment, consisting of key members. This ensures a thorough evaluation based on available geoscience data.
5. Amendment in Schedule III:
- Schedule III undergoes modifications, providing alternative addresses for submissions. The introduction of a new provision allows proposals to be sent to the Director (Technical), Ministry of Mines, Government of India, in addition to the State Government.
Conclusion: The Minerals (Evidence) Amendment Rules, 2024, signify a proactive approach by the Ministry of Mines in refining regulations. The focus on threshold values, expanded rule coverage, and the establishment of a committee for mineral potentiality assessment demonstrate the government’s commitment to ensuring effective and updated mineral content regulations. Stakeholders in the mining sector should familiarize themselves with these amendments to ensure compliance and leverage opportunities in this evolving regulatory landscape.
MINISTRY OF MINES
NOTIFICATION
New Delhi the 21st January, 2024
G.S.R. 52(E).—In exercise of the powers conferred by section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules further to amend the Minerals (Evidence of Mineral Contents) Rules, 2015, namely:—
1. Short title and commencement.— (1) These rules may be called the Minerals (Evidence of Mineral Contents) Amendment Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Minerals (Evidence of Mineral Contents) Rules, 2015 (hereinafter referred to as the said rules), in rule 2, in clause (iii), after the words and brackets “(67 of 1957)”, the words “having grade equal to or more than the threshold value as specified and notified under the Atomic Minerals Concession Rules, 2016” shall be inserted.
3. In the said rules, in rule 5, —
(i) in the marginal heading, after the word and figures “section 11”, the words, figures and letter “or section 11D” shall be inserted.
(ii) in the opening portion, after the word and figures “section 11”, the words, figures and letter “or section 11D” shall be inserted.
4. In the said rules, in rule 7,—
(i) in sub-rule (1), after the word and figures “section 11”, the word, figures and letter “or section 11D” shall be inserted;
(ii) in sub-rule (1A), the following proviso shall be inserted, namely:—
“Provided that in respect of any mineral specified in the Part D of the First Schedule to the Act, the proposal shall be submitted to the Central Government.”;
(iii) in sub-rule (1B), the following proviso shall be inserted, namely:—
“Provided that in respect of any mineral specified in Part D of the First Schedule to the Act, in order to identify mineral potentiality of a block based on the available geoscience data where resources are yet to be established as referred in clause (a) of sub-rule (1), including in any block proposed by any person under the sub-rule (1A), the Central Government shall place it before a committee consisting of the following members, namely:—
(a) Additional Secretary or Joint Secretary in the Ministry of Mines, Government of India – Chairman;
(b) Deputy Director General of the State Unit of Geological Survey of India of the State concerned – Member;
(c) Principal Secretary or Secretary in the Mining and Geology Department of State Government (by whatever name called) or his representative – Member;
(c) Director (Technical), Ministry of Mines, Government of India – Member Secretary.”;
(iv) in sub-rule (1D), after the words “State Government”, occurring at both the places, the words “or the Central Government, as the case may be” shall be inserted.
3. In the said rules, in Schedule III,—
(i) after the words and brackets “Government of ___ [mention name of State Government]”, the following shall be inserted, namely:—
“OR
To,
The Director (Technical),
Ministry of Mines,
Government of India,
Shastri Bhawan, New Delhi – 110001.
[strike-out whichever is not applicable]”;
(ii) after the words “for consideration of the State Government”, the words, letter and brackets “/ the Central Government [strike-out whichever is not applicable]” shall be inserted.
[F. No. M.VI-1/3/2023-Mines VI (Part3)]
Dr. VEENA KUMARI DERMAL, Jt. Secy.
Note:- The Principal Rules were published in the Gazette of India, Part II, Section 3, Sub-section (i), vide number G.S.R.304(E), dated the 17th April, 2015 lastly amended, vide number G.S.R. 856 (E), dated the 14th December, 2021.
