- Who are Competent to Contract?
- TRIPS Agreement: Meaning and Scope
- Trademarks Law & Legislation in India
- Trademark Protection for 3D Mark
- Trademark Infringement and Attempts to Pass Off
- Specific Performance in Contracts
- Remedies of Breach of Contract
- Protection of Pattern Mark in India
- Protecting Hologram Trademark in India
- Privileged Communication: Meaning and Types
- Pradhan Mantri Matsya Sampada Yojana (PMMSY)
- Parole: Definition and Meaning
- National Water Mission (NWM)
- National Steel Policy, 2017
- National River Conservation Plan, 1995
- National Policy for Women, 2016
- National Pharmaceutical Pricing Authority (NPPA)
- National Mission for a Green India (GIM)
- National Health Policy
- National Energy Policy (NEP)
- National Education Policy, 2020 (NEP)
- National Civil Aviation Policy
- National Bamboo Mission
- National Afforestation and Eco-Development Board (NAEB)
- National Action Plan on Climate Change
- Mortmain: Definition and Meaning
- Mines Rules, 1955
- Mineral Conservation and Development Rules, 1988
- Mineral Concession Rules, 1960
- Metal Elements in Tort Law
- Homosexuality and Law in India
- Hazardous Wastes (Management and Handling) Rules, 1989
- Frustration of Contract
- Force Majeure: Definition and Meaning
- Fair Use of Trademark
- Express and Implied Promise: Indian Contract Act
- Estoppel: Meaning and Types
- Elements of Torts
- Digital Signature: Meaning and Types
- Demise: Definition and Meaning
- Defences to the Tort of Negligence
- Confession: Meaning and Types
- Conditions and Warranties
- Communication when Complete: Indian Contract Act
- Coercion: Definition and Meaning
- Central Consumer Protection Authority
- Burden of Proof: Definition and Meaning
- Biodiversity and Intellectual Property Rights
- Bail Vs Parole
- Advertising Standards Council of India (ASCI)
- Advertising Law in India
- World Intellectual Property Organization: WIPO
- Well-known Trademark in India
- Wages: Definition and Meaning
- Unorganized Workers & Labour Laws
- Unfair Labour Practices
- Transfer Petition under CPC
- Transfer of Cases under CrPC
- Trademark Protection for Sound Mark
- Trademark Protection for Smell Marks
- Trademark Protection for Slogans and Taglines
- Trademark Protection for Motion Mark
- Trademark Protection for Domain Name in India
- Trademark Protection for Colour Marks
- Trademark Protection for Collective Mark
- Trademark Dilution: Meaning and Application
- Trademark Assignment and Licensing
- The Protection of Women from Domestic Violence Act
- Stalking: Definition and Meaning
- Role and Function of Public Prosecutor
- Revenue Court in India
- Remedies Under Tort Law
- Purpose of Labor Legislation in India
- Protection of Well-known Trademarks
- Promises of Marriage an Excuse of Rape
- Presumption: Meaning and Types
- Powers of Executive Magistrate
- Passing off Action: Definition and Meaning
- Oral and Documentary Evidence: Definition and Meaning
- Nyaya Panchayat: Meaning and Function
- Negotiable Instrument: Meaning and Types
- Labour Policy in India
- Judicial Infrastructure and Pendency in Trial Courts
- Indirect Infringement: Definition and Meaning
- False Advertising: Definition and Meaning
- Evolution of Wages Law in India
- E-filing: Meaning & Application
- Dying Declaration: Meaning and Definition
- Domestic Violence: Meaning and Types
- Direct Infringement: Definition and Meaning
- Digital Evidence: Meaning and Sources
- Difference between Joint Hindu Family and Coparcenary
- Difference between Decree and Order
- Difference Between Civil Law and Criminal Law
- Delegated Legislation in India
- Cybersquatting: Definition and Meaning
- Curative Petition: Definition and Meaning
- Counterfeiting: Definition and Meaning
- Contract Labour: Definition and Meaning
- Child Labour: Meaning and Causes
- Child Abuse and Protection Laws
- Admission: Definition and Meaning
- Women and Labour Laws
- Water Policies in India
- Water Law: Definition and Meaning
- Waste Management Law
- Universal Copyright Convention: Definition and Application
- Trade-Secret: Definition and Meaning
- Trademark: Definition and Meaning
- Trademark Search Clearance: Meaning and Types
- Trademark Registration: Meaning and Process
- Trademark Protection of the Trade Dress
- Trademark Opposition: Meaning and Application
- Trademark Infringement: Meaning and Types
- The Berne Convention: Meaning and Application
- Strict Liability: Definition and Meaning
- Sociology of Law: Definition and Meaning
- Sessions Court in India
- Second Marriage in Hindu Law
- Replevin: Definition and Meaning
- Quasi-Judicial Body: Definition and Meaning
- Products Liability: Definition and Meaning
- Patentable Subject Matter: Definition and Meaning
- Patentability Criteria
- Patent Infringement: Definition and Meaning
- Parsi Personal Law in India: An Overview
- Paris Convention for the Protection of Industrial Property
- Muslim Personal Law: Meaning and Sources
- Mining Law: Definition and Meaning
- Major Legislation on Forest Law
- Lok Adalat: Definition and Meaning
- Lien: Definition and Meaning
- Legal Rights: Definition and Meaning
- Legal Culture: Definition and Meaning
- Legal Code: Definition and Meaning
- Labour Laws Throughout the World
- Invasion of Privacy: Definition and Meaning
- International Labour Organisation
- Good Faith: Definition and Meaning
- Geographical Indication: Definition and Meaning
- Geographical Indication Tag: Definition and Meaning
- Game Laws: Definition and Meaning
- Fraud: Meaning and Definition
- Forestry Law: Definition and Meaning
- Forest Policies in India
- Fisheries Policies in India
- Fisheries Law: Definition and Meaning
- False Imprisonment: Definition and Meaning
- Elements of Patentability
- Duration of Patent
- Dossier: Definition and Meaning
- Doctrine of Laches: An Analysis
- Divorce in Indian Law
- Designs: Definition and Meaning
- Defences Against Infringement
- Defamation in Cyber world
- Death Penalty: Definition and Meaning
- Cyber Extortion: Definition and Meaning
- Culprit: Definition and Meaning
- Contributory Infringement: Definition and Meaning
- Chattel: Definition and Meaning
- By-Laws: Definition and Meaning
- Bailable and Non-Bailable Offence
- Animal Laws in India: An Overview
- Amicus Curiae: Definition and Meaning
- Air Quality Law: Definition and Meaning
- Narcotic Drugs Law: Meaning and Application
- Alternative Dispute Resolution: Meaning & Significance
- Substantive Law: Meaning and Significance
- Schools of Jurisprudence: Meaning & Types
- Procedural Law: Meaning and Significance
- Maritime Law: Meaning and Application
- Legitimacy of Children of Void and Voidable Marriages
- Law of the Sea: Meaning and Application
- Election Laws in India
- Tax Law: Meaning & Application
- Sources of Human Rights Law
- Legal Treaties: Meaning & Significance
- Environment Law: Meaning and Significance
- Consumer Law: Meaning and Significance
- Competition Law: Meaning & Application
- Banking Law: Meaning & Applicability
- Aviation Law: Meaning & Applicability
- Antitrust Law: Meaning & Applicability
- Indian Constitutional Law: Meaning & Significance
- District Courts: Meaning & Classification
- All India Bar Examination: Meaning & Purpose
- Labour Law: Meaning & Significance
- Differences between Private Law and Public Law
- Customary Law: Meaning & Significance
- Contract Law: Meaning & Application
- Constitutional Law: Meaning and Significance
- Absolute Liability: Concept and Significance
- Criminal Law: Meaning and Significance
- Religious Law: Meaning & Examples
- Philosophy of Law: Meaning and Characteristics
- Morality and Justice
- Law: Definition and Meaning
- Evolution of the Law
- Classification of Law
Bare Acts of India
- Delhi Shops and Establishment Act
- Trade Union Act: An Overview
- Employment Exchanges (Compulsory Notification of Vacancies) Act: An Overview
- Factories Act: An Overview
- Employees State Insurance Act: An Overview
- Employee Provident Fund and Miscellaneous Provisions Act: An Overview
- Apprentices Act: An Overview
- Whistle Blowers Protection Act: An Overview
- Transfer of Property Act: An Overview
- Trademark Act: An Overview
- The Family Courts Act: An Overview
- Specific Relief Act: An Overview
- Societies Registration Act, 1860
- Securities and Exchange Board of India Act: An Overview
- Right to Information Act: An Overview
- Regulation of Narcotic Drugs Act
- Registration of Births and Deaths Act: An Overview
- Recovery of Debts Due to Banks and Financial Institutions Act: An Overview
- Provincial Small Cause Courts Acts: An Overview
- Protection of Children from Sexual Offences Act: An Overview
- Negotiable Instruments Act: An Overview
- Narcotic Drugs and Psychotropic Substances Act: An Overview
- Motor Vehicle Act: An Overview
- Minimum Wage Act: An Overview
- Mental Healthcare Act, 2017
- Medical Termination of Pregnancy Act: An Overview
- Lokpal and Lokayukta Act: An Overview
- Information Technology Act: An Overview
- Industrial Disputes Act: An Overview
- Indian Trusts Act: An Overview
- Indian Stamp Act: An Overview
- Indian Christian Marriage Act: An Overview
- Income Tax Act: An Overview
- Hindu Adoptions and Maintenance Act: An Overview
- General Clauses Act: An Overview
- Food Safety and Standards Authority of India (FSSAI)
- Court-fees Act: An Overview
- Court Contempt Act: An Overview
- Code of Criminal Procedure: An Overview
- Citizenship Act: An Overview
- Chit Funds Act: An Overview
- Banking Regulation Act: An Overview
- The Arms Act: An Overview
- The Commercial Courts Act: An Overview
- The Companies Act: An Overview
- The Water (Prevention and Control of Pollution) Act: An Overview
- The Unlawful Activities (Prevention) Act: An Overview
- The Transgender Persons (Protection of Rights) Act: An Overview
- Rights of Persons with Disabilities Act: An Overview
- The Patent Act: An Overview
- The Passports Act: An Overview
- The Hindu Succession Act: An Overview
- The State Bank of India Act: An Overview
- The Reserve Bank of India Act: An Overview
- The National Green Tribunal Act: An Overview
- National Commission for Minorities Act: An Overview
- The Copyright Act: An Overview
- The Air (Prevention and Control of Pollution) Act: An Overview
- The Central Goods and Services Tax: An Overview
- The Advocates Act: An Overview
- The Registration Act: An Overview
- The Wildlife Protection Act: An Overview
- The Customs Act: An overview
- The Airports Authority of India Act: An Overview
- Mines and Minerals Act: An Overview
- The Muslim Personal Law (Shariat) Act: An Overview
- The Legal Services Authorities Act: An Overview
- The Indian Succession Act: An Overview
- The National Security Act of 1980
- The Hindu Widow Remarriage Act: An Overview
- The Essential Commodities Act: An Overview
- The Environment Protection Act: An Overview
- The Charitable and Religious Trust Act: An Overview
- The Arbitration and Conciliation Act: An Overview
- Mental Health Act: An Overview
- The Consumer’s Protection Act: An Overview
- Anti-Hijacking Act: An Overview
- The Right of Children to Free and Compulsory Education Act: An Overview
- The Prevention of Corruption Act: An Overview
- The Maternity Benefit Act: An Overview
- The Indian Waqf Act: An Overview
- Payment of Gratuity Act: An Overview
Civil Procedure Code
- Temporary Injunction: Meaning & Application
- Suits by Indigent Persons: Meaning and Significance
- Stay Order: Meaning and Application
- Decree: Meaning and Types
- Bar to Jurisdiction: Meaning and Types
- Summary Suits: Meaning & Application
- Importance of Plaint in Civil Proceedings
- Malicious Prosecution: Meaning & Remedy
- Judgment and its Content
- Code of Civil Procedure: Meaning & Significance
- Procedure of Institution of Civil Suits
- Inherent Powers of the Civil Court
- Hierarchy of Civil Courts and Their Jurisdiction
- Ex-parte Proceeding of Suit: Meaning & Consequence
- Dismissal of Suit: Reason & Remedy
- Appearance and Non-Appearance of Parties
- Res Judicata: Meaning and Application
- Transfer of Suits Under the Civil Procedure Code
- Can Plaintiff Withdraw the Suit?
- Parties to the Suit: Civil Procedure Code of India
Constitutional Law
- Parliament: Meaning and Constitution
- Fraternity: Definition and Meaning
- Financial Bill: Meaning and Types
- Equality: Definition and Meaning
- Election Commission of India
- Constituent Assembly
- Whip in Indian Political System
- Procedure Established by Law: Definition and Meaning
- Fundamental Rights and the Indian Constitution
- Fundamental Duties and the Indian Constitution
- Freedom of Speech and Expression
- Freedom of Religion: Definition and Meaning
- Free Legal Aid: A Constitutional Provision
- Habeas Corpus: Definition and Meaning
- Impeachment: Meaning and Procedure
- Judiciary: Definition and Meaning
- Protection against Arrest and Detention
- Right Against Exploitation: Definition and Meaning
- Veto Power of the Indian President
- Separation of Judiciary from Executive
- Right to Life and Personal Liberty: Article 21
- Right to Education: As a Fundamental Right
- Executive: Definition and Meaning
- Directive Principles of State Policy and Constitution
- Difference Between Fundamental Rights and Fundamental Duties
- Constitution Bench: Definition and Meaning
- Citizenship In India: Part II of the Constitution
- 73rd Amendment Act: Panchayati Raj System
- House of People: Meaning and Composition
- Legislature: Meaning and Types
- Minorities: Meaning and Types
- Legal Aid in India
- Writs: Meaning and Types
- The High Court and Its Judges
- Statutory Law: Meaning and Significance
- Separation of Powers: Definition and Meaning
- Rights of an Arrested Person
- Preamble: Definition and Meaning
- Jurisdiction of Supreme Court of India
- Judicial Review: Meaning and Significance
- Freedom of Speech: Definition and Meaning
- Federalism in India
- Attorney General of India: Meaning and Role
- Amendments of the Constitution
- Advocate General: Meaning and Role
Jury & Judge
- 曼达科拉图尔帕坦加利萨斯特里:印度前首席法官
- H.L. Dattu: Former Chief Justice of India
- Lalit Mohan Sharma: Former Chief Justice of India
- Sudhi Ranjan Das: Former Chief Justice of India
- Sharad Arvind Bobde: Former Chief Justice of India
- Sarv Mittra Sikri: Former Chief Justice of India
- Sarosh Homi Kapadia: Former Chief Justice of India
- Rangnath Misra: Former Chief Justice of India
- P.B. Gajendragadkar: Former Chief Justice of India
- Nuthhalapati Venkata Ramana: Former Chief Justice of India
- Konakuppakatil Gopinathan Balakrishnan: Former Chief Justice of India
- Koka Subba Rao: Former Chief Justice of India
- Kamal Narain Singh: Former Chief Justice of India
- Kailas Nath Wanchoo: Former Chief Justice of India
- Justice A.N. Ray: The Former Chief Justice of India
- Jayantilal Chhotalal Shah: Former Chief Justice of India
- Jagdish Sharan Verma: Former Chief Justice of India
- Indira Banerjee: Former Justice of the Supreme Court
- H.J. Kania: First Chief Justice of India
- Fathima Beevi: The First Female Justice of the Supreme Court
- Dhananjaya Yashwant Chandrachud: 50th Chief Justice of India
- Amal Kumar Sarkar: Former Chief Justice of India
- Adarsh Sein Anand: Former Chief Justice of India
- Prafullachandra Natwarlal Bhagwati: Former Chief Justice of India
- Mohammad Hidayatullah: Former Chief Justice of India
- Mirza Hameedullah Beg: Former Chief Justice of India
- U.U. Lalit: Former Chief Justice of India
- Vishweshwar Nath Khare: Former Chief Justice of India
- V. R. Krishna Iyer: Former Justice of the Supreme Court
- Yogesh Kumar Sabharwal: Former Chief Justice of India
陪审团与法官
陪审团和法官
- 布凡纳什瓦尔·普拉萨德·辛哈:前印度最高法院法官
- Engalaguppe Seetharamiah Venkataramiah:印度前最高法院首席大法官
- 布平德·纳特·基尔帕尔:印度前首席法官
- 阿尔塔马斯卡比尔:印度前首席大法官
- Jagdish Singh Khehar:印度前首席大法官。
- 杜帕克·米什拉:印度前首席大法官
- Ranjan Gogoi: 印度前首席大法官
陪审团和法官 (péi shěn tuán hé fǎ guān)
陪审团与法官 (Péi shěn tuán yǔ fǎ guān)
India is a mineral-rich nation with more than 20,000 mineral reserves. The nation produces 90 minerals total, including four fuels, 10 metalpc, 50 non-metalpc, three atomic, and 23 minor minerals. The country ranks second globally in the production of chromite, barytes, and talc, third for coal and pgnite, and fourth for iron ore, kyanite, andalusite, and sipmanite.
The first legislative framework for the control and development of mining in independent India was the Mines and Minerals (Development and Regulation) (MMDR) Act, passed in 1948. The Mineral Concession Rules (MCR) and the Mineral Conservation and Development Rules were two sets of rules created under the Act, which was passed by the Parpament in 1957. (MCDR).
What is the Meaning of Mining Law?
Mining law is the area of law that deals with the regulations that apply to mining and minerals. The ownership of the mineral resource and who is permitted to exploit it are two fundamental issues covered by mining law. Regulations pertaining to the health and safety of miners as well as the effects of mining on the environment also have an impact on mining.
Mining Legislation in India
The following three laws specifically address safety, the environment, and mineral development −
Mines Act, 1952
The legislation is enforced by the Ministry of Labor and Employment. The Mines Act of 1952 addresses popcies relating to the health, safety, and welfare of workers in coal, metalpferous, and oil mines. The owner s responsibipties for managing mining operations, mine health and safety, and mine management are set down in the legislation. Additionally, it details the minimum salary rates, the number of hours that miners are required to work, and other important details. The Directorate General of Mine Safety (DGMS) is the Indian government s regulatory authority for mine and oil field safety.
Mines and Mineral (Regulation and Development) Act, 1957
The MMDR Act, 1957 is a significant piece of popcy legislation approved by the Parpament that has the abipty to kickstart the mining industry s transformation and usher in a time of rapid expansion. The Repubpc of India passed this law as a foundational piece for the governance and expansion of the country s mining and mineral industries. The fundamental basis for Indian mining regulation is provided by this legislation. In accordance with the Government of India (Allocation of Business) Rules, 1961, it also allows for the elaboration of a number of regulations by executive action through the relevant ministries. The mine is subject to the following laws and restrictions as a result of this legislation:
Mineral Concession Rules, 1960
The requirements and processes for acquiring a prospecting pcense and mining lease are outpned in the Mineral Concession Rules (MCR). A "mining plan" is required by these regulations to include, among other things, a map of the area indicating water sources, the boundaries of forest areas, the density of trees, the impact of mining activity on the forest, land surface, and environment, including air and water pollution, a plan for reforestation of the area, the adoption of pollution control measures, and any additional actions that may be mandated by the relevant Central and state government agencies. It follows that strategies for environmental management are included in mining plans.
Mineral Conservation and Development Rules, 1988
The Mineral Conservation and Development Rules (MCDR) provide standards for mining that are based on science and protect the environment at the same time. The requirements for fipng and reporting in situations involving reconnaissance activities, prospecting, or applying for a mining plan are pkewise governed by the MCDR. These regulations also outpne the operation and functioning of open-pit and underground mines, the steps to take in the event that a mine is abandoned or temporarily closed, and beneficiation studies.
State Minor Mineral Concession Rules
According to the MMDR Act of 1957 and the MCR of 1960, the Central Government s prior consent is necessary in the following circumstances −
The minerals mentioned in the First Schedule of the Mines and Minerals (Development and Regulation) Act of 1957 are epgible for mining concessions.
Exceeding the pmitations estabpshed in Sections 6(1)(a)(a), 6(1)(a), and 6(1)(b) of the Act when allowing someone access to areas covered by a reconnaissance authorization, prospecting pcense, or mining lease.
Modifying a mining lease in accordance with Rule 27(3) of the Mineral Concession Rules of 1960, a prospecting pcense in accordance with Rule 14(3), and a reconnaissance permit in accordance with Rule 7 to impose extra pmitations (3).
The conditions of Rule 59(1) of the MCR from 1960 cannot be relaxed in order to issue a mining concession without first informing the government. (2).
Any state government order regarding a mineral—other than a minor mineral—that has been revised.
In exceptional cases, the Act s rules may be relaxed while taking mineral development into account.
Granite Conservation and Development Rules, 1999
Granite is a Minor Mineral under the MMDR Act, 1957. The issuance of various mineral concessions for granite is consequently regulated under the Minor Mineral Concession Rules of the separate State Governments. The Granite Conservation and Development Rules, 1999, on the other hand, seek to provide standardized guidepnes for the preservation, methodical development, and scientific use of granite resources.
GCDR, 1999 provides −
Prospecting Licences (PL) prior to granting mining lease
Period of PL
Minimum and maximum periods of mining leases and for renewals
Minimum and maximum area of lease
Preparation of a scheme of prospecting
A mining plan is to be prepared for the grant of a mining lease, etc.
Environmental Legislation
Environmental laws must address a wide range of issues, such as the identification of "no-go" areas, effective forest and wildpfe acts to protect biospanersity, and rules governing mine closure and mine restoration. These measures all serve to ensure that projects that are ecologically destructive are not permitted. There are five major environmental regulations that have an effect on India s mining sector:
Effects of Mining in Environment
The following are the major effects on the environment due to excessive mining in India −
Air: Dust may be produced by haul roads and blasting activities in surface mines. Methane, a greenhouse gas, is released by many coal mines. Smelter operations that lack adequate safety measures run the risk of releasing heavy metals, sulphur dioxide, and other pollutants into the atmosphere.
Water: Although some mines reuse a significant portion of their water input, the mining industry requires a lot of water. Sulfur-containing minerals are released during mining and oxidize in the atmosphere before reacting with water to produce sulfuric acid. This affects groundwater from both surface and underground mining, along with numerous trace elements.
Land: Land is significantly impacted by the movement of rocks as a result of mining operations and overburden (material that must be removed before mining a mineral deposit) in the case of surface mines. When the mining business returns the rock and overburden to the pit from whence they were mined, these effects could only last a short while. For instance, many copper mines extract ores with a copper content of less than 1%.
Health and safety: Mining activities may be as safe or as risky as any other large-scale industrial activity, ranging from being exceedingly dangerous. Due to less effective pghting, visibipty, and the risk of rock falls, underground mining is often more dangerous than surface mining. Exposure to radiation and dust provide the biggest health dangers since they may both cause respiratory issues.
Conclusion
The mining laws include every aspect of mining pcenses, ownership, and the roles of both the federal and state governments while also providing protection to the employees through several regulations that deal with their working conditions and pay. The primary goals of the pcensing system s estabpshment were to safeguard employees rights and safety as well as the environment, regulate dangerous materials, assure the safety and efficacy of medications, and manage the use of pmited resources.
FAQs
Q1. What are the rights to mining?
Ans. A mining rights holder is required to obtain surface rights over the area or obtain the consent of the owner to start prospecting or mining operations. The government authorities provide surface rights to the winning bidder in the case of land that is owned by the government.
Q2. What would be the status of existing concessions under the New Mines and Minerals (Development and Regulation) Act (the "New Act")?
Ans. All vapd concessions under the existing regime shall continue under the New Act [proviso to Section 4(1)] and extension shall be given irrespective of the size [Section 7(7)].
Q3. Who grants Mining Leases and Prospecting License-cum-Mining Lease?
Ans. As per the Mines and Minerals (Development and Regulation) Act (MMDR) Amendment Act 2015, the grant of Mining Leases (ML) and Prospecting License-cum-Mining Lease (PL-cum-ML) happens only through an auction process.
Q4. Who grants mineral concessions in India?
Ans. In accordance with the MMDR Act of 1957 and the Mineral Concession Rules (MCR), 1960, the State Governments issue mineral concessions for any minerals found within the State s borders. According to the terms of the MCR of 1960 and the MMDR Act of 1957, the Central Government s prior consent is necessary in a number of circumstances.
Q5.What are the key functions of the Ministry of Mines?
Ans. The Ministry of Mines is in charge of surveying and exploring all minerals for use in the mining and metallurgy of non-ferrous metals pke aluminum, copper, zinc, lead, gold, nickel, and so on, aside from natural gases, petroleum, and atomic minerals. Additionally, the Ministry of Mining is responsible for overseeing the implementation of the Mines and Minerals (Regulation and Development) Act, 1957, with regard to all mines and minerals other than coal, natural gas, and petroleum.