Indian Economy and issues relating to
planning, mobilization of resources, growth, development and employment. Topic:
"Mineral Resources, Mineral Policy, Mines and Minerals Act and
Ordinance" ; Does the term 'Mineral concession held by a person' mean
'Right to mining activity'? Mines and Minerals Bill, 2011 was in terms with
National Mineral Policy, 2008, which in turn was based on recommendations of a
High Level Committee (HLC) constituted in 2006. Most of the provisions were
same. So why policy in 2008 & Act in 2011? Why not directly introduce the
act with provisions? What exactly is the difference between a Policy and an Act
besides that Policy does not have a statutory backing, so one can't go to court
for the same?What is the difference between announcing a policy and accepting
recommendations of a committee in regards to legislating an Act?"
An act is always passed by the legislature. It is law of the
land n enforceable in a court of law. Whereas Policy is the way of implementing
the law passed by the Legislature Which may change between the government and
as per the prevailing political space . Policy is a set of guidelines..systems
and defines the broad framework... Thus a direction is set for legislatures to
derive the maximum rather optimum. Based on the policy, in this case mines and
mineral policy, a bill was introduced in the parliament.. Which when debated
and amended if necessary and then passed..then it becomes the act..which is
legal.. The policy itself gets amended before it is introduced as a bill..it is
an evolution.. National mineral policy came quite late in the day..no
guidelines for sharing of revenue..royalty provisions..environment related
regulations...
Oh ok. So the evolution
process would be:Committes's Recommendations -> Policy -> Act ->
Revised Policy.Is my understanding on the right lines sir?
Yes. Except that new policy as felt by the new government may
come in place...but deriving mostly from and amending the previous act. Just
remember..policy..framework
Act..definite provisions actionable by courts. A bill is
referred to a standing committee if necessary..to propose modifications to the
bill before passing ..
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