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
Which of the statements given above is / are correct?
Correct Answer: Option A
According to Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957, 'minor minerals' include building stones, gravel, ordinary clay, and ordinary sand (other than sand used for prescribed purposes).
Rule 70 of the Mineral Concession Rules, 1960, clarifies that sand is not treated as a minor mineral when used for: (i) refractory and ceramic manufacturing (ii) metallurgical purposes (iii) optical purposes (iv) stowing in coal mines (v) silvicrete cement manufacturing (vi) sodium silicate manufacturing (vii) pottery and glass manufacturing.
However, for the purpose of this question, we assume sand is referred to as 'ordinary sand'.
Thus, Statement 1 is correct.
As per Section 15 of the MMDR Act, 1957, State Governments have complete powers to make rules for granting concessions for the extraction of minor minerals and levying/collecting royalty on them.
The power to frame policy and legislation related to minor minerals is delegated to State Governments, while policy and legislation related to major minerals are dealt with by the Ministry of Mines under the Union/Central Government.
Thus, Statement 2 is incorrect.
State Governments have the power to frame rules to prevent illegal mining of minor minerals.
Thus, Statement 3 is correct.
Hence, the correct answer is A: 1 and 3 only.
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