With reference to the management of minor minerals in India, consider the following statements:
1. Sand is a ‘minor mineral’ according to the prevailing law in the country.
2. 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.
3. State Government have the power to frame rules to prevent illegal mining of minor minerals.
Which of the statements given above is/are correct?
Correct Answer :
1 and 3 only
Solution :
Correct Answer: The correct option is 1 and 3 only.
Let us analyze each statement step-by-step with reference to the legal framework governing minor minerals in India:
Statement 1: Sand is a ‘minor mineral’ according to the prevailing law in the country.
According to Section 3(e) of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), sand is declared as a minor mineral. Hence, Statement 1 is correct.
Statement 2: 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.
Under Section 15 of the MMDR Act, 1957, State Governments are fully empowered to make rules for regulating the grant of quarry leases, mining leases, or other mineral concessions in respect of minor minerals, as well as for purposes connected therewith. Therefore, the rulemaking power for minor minerals lies with the State Governments, not the Central Government. Hence, Statement 2 is incorrect.
Statement 3: State Government have the power to frame rules to prevent illegal mining of minor minerals.
Section 23C of the MMDR Act, 1957 empowers the State Governments to frame rules for preventing illegal mining, transportation, and storage of minerals (both major and minor minerals). Hence, Statement 3 is correct.
Conclusion:
Since statements 1 and 3 are correct while statement 2 is incorrect, the correct option is 1 and 3 only.
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