Issues And Challenges In The Mines And Mineral (Regulation And Development) Act, 1957
- IJLLR Journal
- Apr 11
- 1 min read
Aryaman Dubey, BBA.LLB, KIIT School of Law, Bhubaneshwar
ABSTRACT
The Mines and Minerals (Development and Regulation) Act, 1957 remains the cornerstone legislation governing India's mineral sector. This research examines the evolving regulatory framework through major amendments, particularly focusing on the paradigm shift from discretionary allocation to auction-based mechanisms. The constitutional division of powers between Centre and States creates a complex quasi-federal governance structure with implementation challenges. Environmental regulations intersect with mining laws, creating procedural hurdles while protecting ecological interests. Land acquisition and rehabilitation issues particularly impact tribal communities despite protective legislation. The research highlights procedural challenges in obtaining mining rights and concessions, with particular emphasis on delays and administrative complexities. Labor conditions in mines remain precarious despite comprehensive legal frameworks addressing safety concerns. Dispute resolution mechanisms have evolved with specialized tribunals, though coordination between multiple regulatory authorities continues creating operational difficulties. Key implementation challenges include insufficient administrative capacity, technological limitations, and intergovernmental coordination issues. Recent amendments attempt to address these challenges through incremental reforms, with varying success across different mineral sectors. The research concludes that while legislative intent has progressively incorporated principles of transparency, sustainability, and community welfare, implementation gaps persist, requiring institutional strengthening and technological modernization to bridge the divide between statutory provisions and operational reality.
Keywords: Mining Legislation, Environmental Compliance, Mineral Auctions, Federalism, Regulatory Implementation.
