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© This article was first published in the Energy and Natural Resources Multi-Jurisdictional Guide 2014
and is reproduced with the permission of the publisher, Thomson Reuters.
The law is stated as at 1 March 2014.
Country Q&A
advises the government on matters in relation to the mineral industry, export Fees
and import policies, trade, mineral legislation and related matters (see box,
RP. An application for an RP must be accompanied by a non-refundable fee
The regulatory authorities).
at the rate of INR5 per square kilometre. The holder of an RP must also pay
The state governments grant mineral concessions for all minerals located a permit fee fixed by the state government, which cannot be less than INR5
within the boundary of their respective area. per square kilometre nor more than INR20 per square kilometre of land held
by the permit holder for each year or part of a year.
Ownership
The applicant must also pay a security deposit of INR20 per square kilometre
or part.
3. How are rights to the mineral resources held, and who
holds those rights? PL. An application for a PL must be accompanied by a non-refundable fee at
the rate of INR250 for the first square kilometre or part and INR50 for each
additional square kilometre or part. The licensee must pay a prospecting fee
Proprietary rights as fixed by the relevant state government, which cannot be less than INR1
nor more than INR10 per hectare of land covered by the licence for each
The relevant state government is the licensing authority in relation to all year or part of a year of the period for which the licence is granted or
minerals located within the boundary of the state (Mines and Minerals renewed.
(Development and Regulation) Act 1957 (MMDR Act) and Mineral
Concession Rules 1960 (MC Rules)). In addition, the applicant must pay a security deposit of INR2,500 per square
kilometre or part.
The Supreme Court recently conferred rights to mineral wealth on
landowners rather than vesting them in the state (Threesiamma Jacob and ML. An application for an ML must be accompanied by a non-refundable fee
Ors. v. Geologist, Dptt. of Mining and Geology and Ors [2013 (9) SCALE 1]). of INR 2,500. The holder of an ML must pay dead rent and royalties to the
However, judicial precedent is still evolving and the Supreme Court is yet to state government (MMDR Act).
rule on certain aspects of ownership of minerals such as the liability of
In addition, the applicant must pay a security deposit of INR10,000. The
private owners to pay royalties.
lessee must also pay surface rent and water rates in accordance with the
Surface rights Mineral Concession Rules 1960.
The holder of a reconnaissance permit (RP), prospecting licence (PL) or Liability
mining lease (ML) has the right to enter lands over which the permit, lease or
RP. The primary obligations of the permit holder include to:
licence has been granted and carry out all such operations as may be
prescribed (MMDR Act). The holder of a permit, licence or lease is also liable Progressively relinquish the area.
to pay compensation in such manner as may be prescribed for any loss that
is likely to arise or has arisen from or in consequence of its operations. Adhere to the minimum expenditure commitment and specific physical
targets specified in the order of grant of the permit, failing which the
In addition, where the land is not owned by an applicant for any of an RP, PL permit may be cancelled.
or ML, such an applicant is required to obtain surface rights over the area or
obtain the consent of the owner to start prospecting or mining operations Maintain accurate accounts of expenses.
(MC Rules). Submit a report of the work done during the period and refrain from using
Authorisation any forest area without prior permission.
PL. The primary obligations of the licence holder include:
4. What are the key features of the leases, licences or
To report the discovery of any mineral to the relevant state government
concessions which are issued under the regulatory
within 60 days of discovery.
regime? Can these rights be leased by the right-
holder? A restriction on the transfer of the licence without the prior permission of
the state government.
The following licences are issued by the state government (Mines and The payment of compensation for surface rights.
Minerals (Development and Regulation) Act 1957 (MMDR Act)): ML. The primary obligations of the lessee include duties to:
Reconnaissance permit (RP): an RP is for the purpose of undertaking Report to the relevant state government the discovery in the leased area
reconnaissance operations and is a right to perform any operations of any mineral not specified in the ML within 60 days of such discovery.
undertaken for preliminary prospecting of a mineral.
Pay compensation for the surface area used by the lessee for the
Prospecting licence (PL): a PL is for the purpose of undertaking purposes of mining operations.
operations with respect to exploring, locating or proving mineral deposits.
Commence mining operations within two years of the date of execution of
Mining lease (ML): an ML is a lease, which also includes a sub-lease, the lease.
for the purpose of undertaking mining operations with respect to
extracting minerals from the relevant mine. An ML can contain any other conditions that the relevant state government
deems necessary.
For certain minerals, such as hydro carbon energy minerals (like coal),
atomic minerals, metallic and non-metallic minerals, the state governments Termination of leases/licences
can only grant the licences/permits listed above with the prior approval of the
Where there is a breach of any condition imposed on the holder, the RP, ML
central government.
or PL can be cancelled by the relevant state government and/or the amount
Lease/licence/concession term deposited as security deposit (as applicable) may be forfeited in whole or in
part.
RPs and PLs can be granted for any mineral or prescribed group of
associated minerals for a maximum period of three years. There is no The central government can, after consultation with the relevant state
provision for extension by renewal of the period of an RP. The relevant state government, cancel an ML or a PL if it is in the public interest to do so
government can renew a PL up to a maximum aggregate period of five (MMDR Act).
years. An ML must be granted for between 20 and 30 years.
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Country Q&A
Restrictions The Mines Act 1952, which contains requirements relating to the safety
and welfare of workers in mines.
Eligibility restrictions. An RP, PL or ML can only be granted to an Indian
national or a company registered in India under the Companies Act 1956, as The Mines Rules 1955, which set out health and sanitation provisions for
amended from time to time (MMDR Act). workers in mines.
Restrictions on transfer. A PL can only be transferred with the prior The Metalliferous Mines Regulations 1961, which are applicable to all
approval of the relevant state government (Mineral Concession Rules 1960 mines other than coal mines and oil wells concerning notification of an
(MC Rules)). accident or disease inside a mine.
In relation to an ML, the lessee cannot, without the prior written consent of Mines (Rescue) Rules 1985, which relate to the welfare of workers in the
the relevant state government (MC Rules): event of accidents inside mines and rescue operations.
Assign, sublet, mortgage, or in any other manner, transfer the mining FOREIGN OWNERSHIP
lease, or any right, title or interest to it.
Enter into any arrangement, contract or understanding under which the 8. Are there any restrictions concerning the foreign
lessee will or may be directly or indirectly financed to a substantial extent, investment and ownership of companies engaged in
or under which it may allow itself to be controlled by any trust, syndicate, the exploration and extraction of mineral resources in
corporation, firm or person. your jurisdiction?
However, such prior consent is not required where the mortgagee is an
institution, bank or corporation as specified in Schedule V of the MC Rules. Foreign direct investment is permitted in mining up to 100% under the
automatic route (under the Consolidated Foreign Direct Investment Policy of
5 April 2013):
5. How are such leases, licences or concessions
awarded? For mining and exploration of metals and non-metal ores (subject to the
Mines and Minerals (Development and Regulation) Act 1957 (MMDR
Act)).
An application for a licence or lease must be made to the relevant state
government in the prescribed form, and be accompanied by the prescribed For mining and mineral separation of titanium bearing minerals and ores,
fee (Mines and Minerals (Development and Regulation) Act 1957 (MMDR value addition and integrated activities, subject to approval of the Foreign
Act)). The state government grants a lease or licence, having regard to the Investment Promotion Board, sectoral regulations and the MMDR Act.
provisions of the MMDR Act and any rules made in accordance with it. For mining of coal and lignite for captive consumption for power projects,
The holder of a reconnaissance permit (RP) has a preferential right to obtain and iron and steel (among other things), and for setting up coal
a prospecting licence (PL). Where a PL has been granted in respect of any processing plants.
land, the licensee has a preferential right to obtain a mining lease (ML) in
TAX
respect of that land.
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Country Q&A
REFORM
12. Are there any plans for changes to the legal and
regulatory framework?
11. What taxes and duties apply on the import and export A bill amending the Mines and Minerals (Development and Regulation) Act
of mineral resources? 1957 (MMDR Act) has been proposed to overhaul the mining regime. The bill
addresses issues relating to:
Customs duty is an indirect tax levied on the import of goods including Sustainable mining.
mineral resources into India, as well as goods exported from India. The
import duties imposed include import taxes, true countervailing taxes, Local area development.
additional customs taxes and anti-dumping duties. Ensuring transparency, equity, and effective redress and regulatory
mechanisms.
Incentives encouraging good mining practices, technology absorption
and the exploitation of deep-seated minerals.
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Country Q&A
Practical Law Contributor profiles
Professional qualifications. Admitted to the Bar Council of Maharashtra and Professional qualifications. Admitted to the Bar Council of Uttar Pradesh,
Goa, 2006. BA, LL.B(Hons), MSc in Development Management. India, Advocate, 2010. BA, LL.B (Hons).
Areas of practice. Projects; project finance; private equity. Areas of practice. Project finance; infrastructure.
Recent transactions Recent transactions
Advised a large Indian conglomerate in its acquisition of assets, liabilities and Has acted for lenders as well as developers. Has done several deals in the
operations of various cement units of a company in India including acquisition power sector including renewable energy projects as well as the ports and
of various prospecting licences and mining leases and their transfer; and on roads sectors. Has recently advised a large Indian conglomerate in relation to
the required consent of the relevant state government for such acquisition. supply of mining equipment and provision of mining services in relation to an
offshore mining project.
Languages. English
Languages. English
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