Explanation
The regulation of mines and minerals in India is governed by the
Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act), which distinguishes between
major minerals and
minor minerals and allocates regulatory powers accordingly between the Centre and States.
Statement I is incorrect. Contrary to what the statement claims,
State Governments are fully empowered to make rules for granting concessions — such as
leases and licenses — for the extraction of minor minerals located within their territories. This power is explicitly granted under
Section 15 of the MMDR Act. States have both
administrative and rule-making authority over minor minerals, making Statement I factually wrong. Mineral regulation is also recognized as a
State subject under the Constitution, further reinforcing the states’ role in managing minor minerals.
Statement II is correct. While states regulate the
extraction and concession of minor minerals, the
Central Government holds the power to
classify and notify a mineral as a minor mineral. This power flows from
Section 3(e) of the MMDR Act, which allows the Central Government to declare any mineral as a minor mineral by
notification in the Official Gazette. Therefore, the
definition and classification of minor minerals is a central function, while the
regulation and management of their extraction rests entirely with the states.
In essence, there is a clear
division of roles — the Central Government decides
what is a minor mineral, and the State Governments decide
how it is extracted and regulated.