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Minor minerals law: State rule-making and Central notification — UPSC Prelims PYQ...

Consider the following statements:

  1. Statement I: In India, State Governments have no power for making rules for grant of concessions in respect of extraction of minor minerals even though such minerals are located in their territories.
  2. Statement II: In India, the Central Government has the power to notify minor minerals under the relevant law.
Which one of the following is correct in respect of the above statements?
  1. Both Statement I and Statement II are correct and Statement II explains Statement I
  2. Both Statement I and Statement II are correct but Statement II does not explain Statement I
  3. Statement I is correct but Statement II is not correct
  4. Statement I is not correct but Statement II is correct

Explanation

Statement I is not correct
  • The Mines and Minerals (Development and Regulation) Act, 1957, regulates the mining sector in India and mandates the requirement for granting leases for mining operations. In India, the minerals are classified as minor minerals and major minerals.
  • Section 15 of the MMDR Act empowers the State Governments to make rules for regulating the grant of quarry leases, mining leases or other mineral concessions in respect of minor minerals and for purposes connected therewith. Hence, the regulation of minor minerals comes under the legislative and administrative domain of the State Governments. Further, Section 23C of the MMDR Act empowers the State Governments to make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. Hence, control of illegal mining comes under the legislative and administrative purview of the State Governments.
Statement II is correct
  • The central government has the power to notify “minor minerals” under section 3 (e) of the MMDR Act, 1957.
Answer: (d) Statement I is not correct but Statement II is correct; Difficulty Level: Easy
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