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This is an archive article published on March 15, 2010

Mine licences may be given to ‘first in line’

Ministry of Mines plans to hand out licences for minerals other than coal to those 'first in the queue' with a right to sell them off at a premium.

Like the Telecom Ministry,the Ministry of Mines plans to hand out licences for minerals other than coal to those “first in the queue” with a right to sell them off at a premium.

Mines Minister B K Handique is proposing to replace the Mines & Minerals (Development & Regulation) Act 1957 with a new law to give mineral prospecting licences only to the “first applicant”,and “all other applications shall be deemed to have been refused to the extent of the area granted to the first applicant”.

As per Sections 22 and 23,read with Section 13(1) of the draft,request by end-users Tata Steel,Balco,ACC or state-run National Mineral Development Corp for prospecting licence for an area “where reconnaissance has been conducted and sufficient evidence of enhance mineralisation has been established” would be rejected if they apply a day after the first applicant.

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Such rejection would be irrespective of better commitment on prospecting or mining operations,rehabilitation schemes,downstream investments or revenue sharing.

But failed applicants could buy the licence from the successful licencee as the draft bill makes them transferable for a consideration,just like telecom licences. Presently,a licence is transferable without any consideration.

Under the proposed rules,“competitive bidding” for prospecting licence can be resorted to by the states only if firms don’t show interest and hence do not apply for an acreage. This goes against the Hoda Committee which had recommended that the current option of competitive bidding for direct prospecting licences be continued and that a value adder be preferred over non-value adder.

Handique has opted for subjectivity and arbitrariness on the grounds that “if a mineral bearing acreage for which someone has directly applied,is offered for competitive bidding,the investor confidence shall get totally destroyed”. This is despite the universally-accepted “competitive bidding regime” proposed for licensing of coal-bearing areas.

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