MODULE 1 Flashcards
What is a Mineral?
Mineral means that which grows in a mine.
What is a Mine?
Excavations from the earth from which a useful product is extracted by reason of there being a deposit of useful material.
Why should Mining be regulated?
1) Environmental Protection
2) Prevent Illegal Mining
3) Sustainable Resource Management
4) Safety of workers
5) Economic Growth
Opencast Mining
Open-cast mining, also known as surface mining
or open-pit mining, is a method of extracting
minerals and ores located close to the surface
of the Earth by removing the overlying soil and
rock.
- Surface Extraction: Minerals are
extracted directly from the Earth’s surface. - Large-scale Operations: Suitable for
mining large deposits of minerals. - Economical: Lower operational costs
compared to underground mining. - Heavy Machinery: Uses equipment like
excavators, draglines, and dump trucks. - High Environmental Impact: Leads to
land degradation, deforestation, and
habitat loss.
Underground
Mining
Underground mining is the method of extracting minerals or ores located deep below the Earth’s surface by creating tunnels or shafts
to access the deposits.
The entry from the surface to an underground mine may be through a horizontal or vertical tunnels.
- Subsurface Extraction: Minerals are extracted from below the surface.
- Complex Infrastructure: Involves digging tunnels, shafts, and chambers.
- Labor-intensive: Requires skilled labor and specialized equipment.
- Minimal Surface Disruption: Causes less visible environmental damage
compared to surface mining. - Higher Operational Costs: More expensive than open-cast mining due to
advanced techniques and safety measures.
Captive Mines
A captive mine is a mine that is owned and operated by a company for the exclusive use of that company. The company cannot sell the minerals or coal produced from the mine outside of the company. It must be used solely for the intended purpose of the industry that owns or operates the mine.
- Exclusive Use: The production is dedicated to the owner’s industry, such as power generation, steel production, or cement manufacturing.
- No Market Sale: Minerals cannot be sold commercially; they are exclusively
used for the designated industrial purpose. - Cost Efficiency: Captive mining ensures a steady supply of raw materials at a
controlled cost, reducing dependence on external suppliers. - Government Regulation: These mines are allocated through specific
government policies and approvals to ensure minerals are used strategically.
Examples
Coal mines allocated to power plants or steel industries.
Limestone mines allocated to cement companies.
Iron ore mines allocated to integrated steel plants.
Stages of Mining
1)Prospecting & Exploration
2) Discovery & Feasibility Study
3) Development & Production
4) Reclamation & Closure
Mines Act 1952
The Mines Act, 1952 regulates the working conditions in mines and provides for the health,
safety, and welfare of workers.
Health: Ensures adequate provisions for
sanitation, drinking water, and medical
care to prevent occupational diseases.
Safety: Lays down stringent regulations for
machinery use, ventilation, and lighting to
minimize risks to life and property.
Welfare: Establishes the rights of workers
to welfare measures like rest shelters,
canteens, and proper working hours.
Duties and
Responsibilities:
Mine Owners: Responsible for complying with the provisions of the Act, which involves upholding safety standards and safeguarding
the well-being of all personnel.
Mine Managers: Tasked with overseeing daily operations, prioritizing accident prevention, and delivering safety training to employees.
Workers: Expected to adhere to safety regulations, use protective gear, and report any unsafe practices or conditions they
encounter.
Working Conditions
01 Maximum Weekly Hours: Workers cannot
work more than 48 hours per week (Section
28).
02 Daily Limit: The daily working hours cannot
exceed 9 hours, excluding breaks.
03 Overtime: Any work beyond the standard hours is treated as overtime, and workers must be compensated accordingly.
04 Rest Periods: There must be a break of at least 30 minutes after every 5 hours of work.
05 Night Shifts: Night work is regulated to ensure adequate rest and reduced fatigue.
06 Women Workers: Women are prohibited from working underground.
They cannot work between 7 PM and 6 AM (Section 46).
MMDR ACT
The Act was comprehensively amended in to bring several reforms in the mineral sector
Mandating E-auction of mineral concessions to improve transparency.
1) Establishing District Mineral Foundation and National Mineral Exploration Trust.
2) Stringent penalty for illegal mining.
3) To ensure continuity in mining operations, this Act allowed State Governments to
auction the mining lease before the expiry of the lease period.
4) Transfer of the statutory clearances to new bidders to ensure continuity in mining
operations and production despite change in lessee.
Section 2(a) of the Atomic Energy Act
atomic energy” means energy released from atomic nuclei as a result of any process, including the fission and fusion processes.
S.3 General powers of central goverment (Atomic Energy Act)
Production and Research: Power to produce, develop, use, and dispose of atomic energy, conduct research, and delegate these activities to authorities, corporations, or government companies.
Manufacturing and Disposal: Manufacture, acquire, store, transport, and dispose of radioactive substances and related articles for atomic energy development.
Restricted Information: Declare information as “restricted” concerning: Location, quality, and transactions of prescribed substances.
Processing and production of fissile materials.
Design and operation of nuclear reactors and isotope separation.
Prohibited Areas: Designate areas as “prohibited” where atomic energy-related work is carried out.
Radiation Control: Regulate radioactive substances and radiation-generating plants to:
Prevent radiation hazards.
Ensure public and worker safety.
Manage safe disposal of radioactive waste.
Electricity Production: Facilitate production and supply of electricity from atomic energy through government entities.
Support Activities: Execute measures necessary for atomic energy development, such as construction, mining, and other related works.
Resource
Federalism
A system in which the authority to manage and distribute natural resources such as minerals, water, and forests is collaboratively shared between the central government and state governments. This approach ensures that both levels play a part in their development while taking into account the unique needs of the regions where these resources are found
State of West Bengal v. Union of India
The State of West Bengal challenged the Union’s authority under the Coal Bearing Areas (Acquisition and
Development) Act, 1957, claiming exclusive ownership over coal-bearing lands as land is a State subject.
Whether the Union had the power to legislate and acquire coal-bearing lands in West Bengal under Entry 54, Union
List (7th Schedule) for national interest.
West Bengal: Exclusive ownership of land and minerals; Union action violated federal principles.
Union of India: Coal is of national importance, requiring central regulation for coordinated development.
Supreme Court upheld Union’s authority and the Act’s validity.
Union’s Power: Parliament can regulate mines and minerals under Entry 54 in the national interest.
State Ownership: Subject to Union legislation when resources are of national significance.
Reinforced resource federalism—states own resources but Union controls in national interest.
Balanced federal structure with strong central control over critical resources like coal.
Monnet Ispat and Energy Ltd. v. Union
of India and Ors. 2012 (11) SCC
The allocation of coal blocks to private entities under the Coal Mines (Nationalization) Act, 1973 and the MMDR Act, 1957. Monnet Ispat challenged the Union’s power to allocate coal blocks, alleging arbitrariness and
violation of Article 14.
Was the Union Government’s allocation of coal blocks within its legislative powers under Entry 54, Union List?
Did the allocation process violate transparency and fairness?
The Court upheld the Union Government’s authority to allocate coal blocks under the MMDR Act and Entry 54, Union List.
Recognized coal as a resource of national importance, requiring centralized control for equitable distribution
and industrial growth.
Reinforced resource federalism, giving the Union control over major minerals like coal while states regulate minor minerals under Entry 23, State List.
Influenced later reforms, such as competitive bidding introduced in the MMDR Act (2015).
Amritlal Nathubhai v. Union of
India (1976) 4 SCC 108
It involved the issue of state control over mineral resources and the rights of private
individuals to exploit minerals. Court upheld the principle of state ownership of minerals.Private
entities can only hold mining rights via state-granted leases, not ownership of the minerals.
Bhagwan Das v. State of Uttar
Pradesh AIR 1976 SC 1393
A landowner, claimed ownership over minerals beneath his land. Court upheld the state’s ownership of minerals even if they were
beneath privately owned land.
Landowners have no automatic right to the minerals beneath their land.
Vth Schedule
The Fifth Schedule governs the administration of tribal areas in ten Indian states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh,
Maharashtra, Odisha, Rajasthan, and Telangana.
VIth Schedule
The 6th Schedule is specifically designed for tribal regions in the North-Eastern States of Assam, Meghalaya, Mizoram, and Tripura.
Samantha
vs State
of Andhra
Pradesh
AIR 1997
SC 3297
Challenged mining leases to private companies in Scheduled Areas under the Fifth Schedule and the AP Scheduled Areas Land Transfer Regulation, 1959.
Held that:
Land transfer to private companies violates tribal rights and protections.
Fifth Schedule safeguards tribal resources; land use must benefit tribals.
State acts as a trustee; public sector mining allowed only for tribal welfare.
It strengthened protection of tribal land, restricted private exploitation, and reinforced tribal autonomy.
Panchayat (Extension
to Scheduled Areas)
Act, 1996
Section 4(e) every Gram Sabha shall:
(i) approve the plans, programmes and projects for social and economic development before such plans, programmes and projects are taken up for implementation by the Panchayat at the village level;
Section 4(k): Gram Sabha or Panchayat recommendation is mandatory before
granting a prospecting license or mining
lease for minor minerals in Scheduled
Areas.
Section 4(l): Gram Sabha or Panchayat
recommendation is mandatory before
granting a concession for minor mineral
extraction through auction.
Nationalization of Coking Coal (1971-72)
Coking Coal Mines (Emergency Provisions) Act, 1971
Allowed the government to take over management of coking coal mines temporarily.
Coking Coal Mines (Nationalization) Act, 1972
Nationalized all coking coal mines and coke oven plants, except Tata Iron & Steel Company
(TISCO) & Indian Iron & Steel Company (IISCO).
Mines were placed under Bharat Coking Coal Limited (BCCL), a new Central Government
Undertaking.
Phase 2: Nationalization of Non-Coking Coal (1973)
Coal Mines (Taking Over of Management) Act, 1973
Extended the government’s right to manage all coking & non-coking coal mines in seven states.
Coal Mines (Nationalization) Act, 1973
All remaining coal mines were nationalized in May 1973.
Established Coal India Limited (CIL) as the sole producer & distributor of coal in India.
Private mining was banned, except for captive use (power, steel, cement industries).
