Mining And Infrastructure
At AVOBE LEGAL, we have a dedicated team of lawyers and professionals, who understands and has carved a niche for itself in the Infrastructure & Mining (including energy) market in Rajasthan. International coal purchasers, local coal suppliers, significant private and government mining companies, private lessees and Infra Companies are just a few of our clients.
- We handle a broad range of issues related to diverse infrastructure and construction projects, significant matters relating to EPC Contracts; O&M Contracts; Supply Contracts; Joint Bidding & Joint Venture Agreements.
- Legal assistance to meet legal compliance for Infrastructure Contract Bidding and legal aid in mandatory procedural compliance for various transactions.
- Drafting, reviewing, negotiating, and resolving Building & Engineering Contracts, Sub-Contracts, and other conveyance deeds as well as agreements for mining and quarrying, sub-contract agreements, supply agreements, drilling contracts, etc.
- Advising, preparing, and negotiating contracts (both standard and non-standard) at every stage of mining.
- Represent our clients in arbitration proceedings relating to infrastructure projects and litigation flowing from projects.
- Structuring leasing agreements for mining, quarrying, sub-contracting agreements, supply agreements, drilling contracts, etc.
- Representing the clients before the High Court, NGT and Mining Tribunals.
At Avobe Legal, we have a dedicated team of lawyers who possess a wealth of experience in the mining and energy industries. They have not only rendered essential legal services but also possess extensive commercial expertise in these fields, allowing us to provide solutions that are both realistic and business-focused. For us, the relationship with a client does not end at merely rendering advice in the initial stage. We are committed to advising all stakeholders on each stage of the life cycle of an infrastructure project. Thanks to our excellent combination of in-depth industry knowledge and skill, offered through a variety of customized services, we have earned the long-term confidence of our clients.
The Mines and Minerals (Development and Regulation) [MMDR] Act of 1957 governs mining operations. As the proprietors of the minerals, the State Governments award mineral concessions and collect royalties, dead rent, and fees in accordance with the MMDR Act of 1957. Additionally, entry 54 of the Union List gives the federal government the authority to control the development of mining and minerals to the degree that the Parliament finds such regulation to be in the public interest.
The most egregious kind of illegality, known as "illegal mining," entails taking minerals from property that a mine operator is not legally permitted to work on. The majority of this "illegal mining" targets what Indian law refers to as "minor minerals," such as sand and gravel needed for construction and other uses, when measured by the quantity removed. However, other minerals like iron, manganese, and coal are increasingly being plundered in the same way as a result of growing worldwide prices.
The flurry of suggested changes includes modifying two clauses in the MMDR Act, and opening up 500 prospective mining locations that are now unavailable due to regulatory frameworks in place. The time period for the legal awarding of a mining lease has passed under present law, or these potential leases cannot be redistributed at auction because of legislative red tape. Through these actions, the process of transitioning between the various stages of mining development activities, from exploration up to production, would effectively be streamlined. There are further suggestions to improve the legal concept of illegal mining. There hasn't previously been a difference made between unlawful mining carried out outside of a leasehold area and mining carried out within a mining lease area in violation of licenses and clearances. According to recent changes, mining that violates restrictions within an otherwise approved lease area will no longer be considered illegal mining, and the government's authority to address the activity will only apply to mining that is done outside of a lease area.
Why Avobe Legal
In our journey towards excellence, we are committed to attract, finest solution. Avobe Legal’s reputation is owed to the exceptionally talented and dedicated professionals whose ideas drive the Firm forward.
As one of Rajasthan’s boutique law firm, we help our clients grow, innovate and thrive. For over a period of two years, we have built a reputation for our expertise, specialised solutions and the ability to think ahead. We find the most relevant and highly tailored solutions to our clients’ composite legal challenges.
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