Q. Consider the following statements:
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.
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?
Quarterly-SFG-Jan-to-March
Red Book

[A] Both Statement I and Statement II are correct and Statement II explains Statement I

[B] Both Statement I and Statement II are correct but Statement II does not explain Statement I

[C] Statement I is correct but Statement II is not correct

[D] Statement I is not correct but Statement II is correct

Answer: D
Notes:

Exp) Option d is the correct answer.

The regulation of mines and minerals is governed by the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act). This law distinguishes between major and minor minerals.

Statement I is incorrect. As per the MMDR Act, the state governments are empowered to make rules for granting concessions (like leases, licenses) and for regulating mining operations of minor minerals. This power is granted under Section 15 of the Act. Hence, states have both administrative and rule-making powers concerning minor minerals within their territories.

Statement II is correct. The central government has the power to declare a mineral as a minor mineral by notification in the Official Gazette. This power flows from Section 3(e) of the MMDR Act. So, what is classified as a minor mineral is decided centrally, but regulation of its extraction is done by the states.

Source:

https://www.indiacode.nic.in/bitstream/123456789/1421/3/A1957-67.pdf

http://arthapedia.in/index.php/Minor_Minerals

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