Draft Mining Bill

In a landmark decision that will impact the entire mining and mineral-based industry in India, the government has announced an overhaul of the law governing the sector. The new framework will introduce a benefit-sharing regime while laying down the policy contours for leases given out by state governments. The changes are aimed at dealing with popular resistance to mining projects on the grounds of corruption and adverse social and environmental impact. The industry fears it will make mining unattractive in the country.

The government plans to repeal the existing Mines and Minerals (Development and Regulation) Act, 1957 and instead place a new Bill in Parliament in the Winter session. To tackle illegal mining, the Bill proposes punitive action, as well as creation of special courts at the state level for speedier disposal of cases.

It will also make it compulsory for all non-coal mining companies to share an amount equal to their royalty payment to State governments for the benefit of project-affected people. In the case of coal companies, the amount will be equal to 26 per cent of their profit. This will directly impact purely mining companies like Coal India, Sesa Goa and NMDC, as well as companies like Tata Steel, SAIL, NTPC and RPower that have captive mines associated with their projects. Besides, it will increase the cost of companies into the businesses of cement, aluminium and other mineral-based produce.

The industry had opposed the benefit-sharing proposal, saying it would squeeze their margins. In the case of coal, the effective rate of taxation will rise to 61 per cent from 43 per cent at present. On iron ore, it will increase to 55 per cent from 43 per cent.

Industry also sees the proposal would create problems for existing mines where affected persons are not easily identifiable. Besides, the increased revenues collected with District Mineral Development Fund will be frittered away as the absorptive capacity does not exist.

Though mining activities are controlled by the States, the Centre’s overarching legislation, MMDR Act, set the rules of the game.

Apart from compensating the project-affected people through profit-sharing and royalty, the new Bill also obligates mining companies to pay a Central cess equivalent to 2.5 per cent of excise or customs duty. The activities of an independent National Mining Tribunal and National Mining Regulatory Authority at the Central level, and the expenditure involved in the capacity building of the Indian Bureau of Mines would be met from the cess levy. Besides, there will be a State cess of 10 per cent of total royalty.

The Bill also had punitive provisions to prevent illegal mining. The new Bill would introduce a better legislative environment for attracting investment and technology into the mining sector.