Mining And Infrastructure
One of the main economic sectors in India is the mining sector. It supplies several significant businesses with essential raw materials.India is recognized as one of the world’s top producers of precious minerals. 95 minerals, comprising 4 fuels, 10 metallic, 23 non-metallic, 3 atomic, and 55 minor minerals, are produced in India’s 1,531 active mines (including building and other materials). There are numerous policies and regulations to ensure that there is enough transparency and compliance within this industry. Some of the prominent regulations include Mines & Minerals (Development and Regulation)(MMDR) Act, 1957, Mineral Concession Rules (MCR), 1960, National Mineral Policies (1993 and 2008), National Mineral and Exploration Policy, 2016, Oilfields (Regulation and Development) Act, 1948, etc. Hence, a sound knowledge of all the existing regulations and potential gaps is quintessential for any company operating within this industry, especially in the region of Rajasthan, an area that is prominent for mining. AvobeLegal’s expertise plays an important role in helping companies follow proper compliance to establish and carry forward mining activities, legally.
Infrastructure is considered the backbone of any economy. One cannot imagine state affairs without a solid presence of an infrastructure to back it up. It is for this reason that any economy heavily invests in infrastructural projects ranging from Roads, Airports, Railways, Telecom, and Power to Social infrastructures like Health, Education and Housing. There is massive legal paperwork, compliances, and contractual obligations, that are involved at every step towards establishing any infrastructural project, right from implementing it to executing it and completing it. Our Mining & Infrastructure team handles every legal challenge with ease, owing to its expertise and attempts to make the legal process behind a project easier to decipher.
- Advising, preparing, and negotiating contracts (both standard and non-standard) at every stage of mining
- Assisting in the delivery of infrastructure ancillary to mining operations from transport (road and rail) to accommodation (office and residential) to services
- Drafting joint ventures for mining projects
- Reviewing and rationalizing existing mining approval platforms
- Structuring leasing agreements for mining and quarrying, sub-contracting agreements, supply agreements, drilling contracts, etc.
- Representing the clients before the NGT and mining tribunals.
- 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 with construction contracts, representing our clients in arbitration proceedings relating to infrastructure, resolution of disputes, and litigation flowing from projects.
- We handle a broad range of diverse infrastructure and construction projects, significant matters relating to EPC Contracts; O&M Contracts; Supply Contracts; Joint Bidding & Joint Venture Agreements.
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. International coal purchasers, local coal producers, electricity generators, significant energy investment funds, and government and industry authorities are just a few of our clients, who have been impressed with our legal and business acumen.
We have extensive expertise in cross-jurisdictional project and finance contracts and have assisted contractors, developers, and governmental organizations in the project contracting arena. 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 lifecycle 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.
Reach out to us
How Can We Help?
Write to us with your enquiries, questions or request a meeting to discuss your potential case.