Monday, March 16, 2015

Mineral Resources, Mineral Policy, Mines and Minerals Act and Ordinance



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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