The Mines and Minerals (Development and Regulation) Act, 1957

Summary of the Mines and Minerals (Development and Regulation) Act, 1957

Key Provisions:
1. Regulation of Mines and Minerals
o The Act declares that the regulation of mines and development of minerals is under the control of the Union Government to the extent provided in the Act.
o State Governments exercise powers relating to mineral administration subject to the provisions of the Act.
2. Classification of Minerals
o Minerals are broadly classified into:
 Major minerals – minerals requiring detailed regulation due to their economic importance.
 Minor minerals – minerals of local importance generally regulated by State Governments.
3. Prospecting Licences and Mining Leases
o The Act provides for the grant of:
 Mineral concessions.
 Prospecting licences.
 Mining leases.
o It lays down conditions and procedures for undertaking mining operations.
4. Rules and Regulations
o The Central Government is empowered to make rules for:
 Conservation and systematic development of minerals.
 Prevention of illegal mining.
 Regulation of mining operations.
 Environmental and safety requirements.
5. Restrictions on Mining Operations
o Mining operations cannot generally be carried out without obtaining the required licence or lease.
o The Act provides restrictions on unauthorised mining activities.
6. Control Over Illegal Mining
o The Act provides penalties for:
 Illegal extraction and transportation of minerals.
 Violation of mining lease conditions.
 Contravention of rules made under the Act.
7. Mineral Development and Revenue
o The Act provides for payment of royalties, dead rent, and other charges by mining lease holders.
o It supports the economic development of mineral resources while ensuring government oversight.
8. Special Provisions for Mineral Conservation
o The Act enables the Government to take measures for sustainable and scientific mining practices.
o Subsequent amendments introduced provisions relating to auction of mineral concessions, transparency in allocation, and district mineral funds.

Legislative History: The Mines and Minerals (Development and Regulation) Act, 1957

Act Title-The Mines and Minerals (Development and Regulation) Act, 1957

Act Number/year- 67 of 1957

Act ID (India Code)-195767

Presidential Assent date-December 28, 1957

Enforcement Date-June 1, 1958

Nodal Ministry-Ministry of Mines

Precedent & Historical Rationale

1. Bifurcation of the Mines and Minerals (Regulation and Development) Act, 1948: The earlier 1948 Act regulated both mineral exploitation and petroleum reserves under a single framework. Rapid post-independence industrial growth necessitated distinct statutory regimes for solid minerals versus liquid hydrocarbons.

2. Central Regulation under Entry 54, List I: Enacted under Entry 54 of the Union List to govern the mining sector (excluding mineral oils and natural gas). The Act declared central regulation expedient in the public interest, laying down statutory rules for reconnaissance permits, prospecting licenses, mining leases, royalty payments, conservation standards, and state revenue distribution for both major and minor minerals.

Parliamentary Trajectory & Enactment

● Formulation: Introduced by the Ministry of Steel, Mines and Fuel to establish a legal framework for national mineral resource development.

● Parliamentary passage: Debated and passed by both Houses of Parliament (Second Lok Sabha and Rajya Sabha) in December 1957.

● Presidential Assent: Received Presidential Assent on December 28, 1957.

● Enforcement: Enforced on June 1, 1958.

Source: Official Record of Parliament, India Code, and Ministry of Mines