 bill no 72 of 2016 the mines and minerals (development and regulation) amendment bill, 2016 a billfurther to amend the mines and minerals (development and regulation) act, 1957be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the mines and minerals (development and regulation)amendment act, 2016567 of 19572  in section 3 of the mines and minerals (development and regulation) act, 1957(hereinafter referred to as the principal act), for clause (a), the following clauses  shall be substituted, namely:—10'(a) ''leased area" means the area specified in the mining lease within  which mining operations can be undertaken and includes the non-mineralised area required and approved for the activities falling under the definition of mine as referred to in clause (i);(aa) ''minerals" includes all minerals except mineral oils;'3 in section 12a of the principal act, in sub-section (6), the following shall be inserted, namely:—amendment of section 12a5'provided that where a mining lease has been granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or transfer charges as may be prescribedexplanation—for the purposes of this proviso, the expression "used for captive purpose" shall mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit owned by the lessee'10amendment of section 134  in section 13 of the principal act, in sub-section (2), after clause (qqj), the following clause shall be inserted, namely:—"(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12a;" statement of objects and reasonsthe mines and minerals (development and regulation) act, 1957 was enacted to govern the development and regulation of mines and minerals2 sub-section (6) of section 12a of the said act provides that the transfer of mineral concessions shall be allowed only for concessions which are granted through auction the central government has received representations from industry associations stating that the said sub-section has caused difficulties which does not allow merger and acquisition of a company having captive leases  the central government has also received representations seeking clarification regarding areas for dumping of mining wastes in view of  the observations made by the supreme court of india in writ petition (civil) no 562 of 2009  and  writ petition (civil) no 435 of 20123  it is, therefore, felt necessary to provide for transfer of captive mining leases granted otherwise than through auction in order to facilitate legitimate business transactions it was also felt necessary to define "leased area" in order to expand the scope of lease area by including therein dumping of mineral rejects4 the bill seeks to achieve the above objectnew delhi;narendra  singh  tomarthe 14th march, 2016 financial memorandumthe bill seeks to amend the mines and minerals (development and regulation)act, 1957 in order to allow the transfer of mining leases granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose2 the bill, if enacted, is not likely to involve any recurring or non-recurring expenditure memorandum  regarding  delegated  legislationclause 3 of the bill seeks to insert a proviso in sub-section (6) of section 12a of the mines and minerals (development and regulation) act, 1957 to allow the transfer of mining leases granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose the said proviso empowers the central government to prescribe the terms and conditions and the payment of such amount or transfer charges subject to which the mining lease may be transferred2 the matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the proposed legislation itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the mines and minerals (development and regulation) act, 1957 (67 of 1957)3 in this act, unless the context otherwise requires,—definitions(a) "minerals" includes all minerals except mineral oils;12a (1) the provisions of this section shall not apply to minerals specified in part a or part b of the first scheduletransfer of mineral concessions(6) the transfer of mineral concessions shall be allowed only for concessions which are granted through auction rules for regulating the grant of prospecting licences and mining leases13 (1)     (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—power of central government to make rules in respect of minerals(qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11;    ———— a billfurther to amend the mines and minerals (development and regulation) act, 1957————(shri narendra singh tomar, minister of steel and mines)gmgipmrnd—5065ls(s3)—14-03-2016