JUDGMENT :

S. Manikumar, J.

1. Common prayer in all the writ petitions is for a Declaration, declaring Rules 8, 9, 10 & 11 of the Tamil Nadu District Mineral Foundation Rules, 2017, introduced by the 1st respondent by G.O.Ms.No.57, Industries (MMD-1) Dept., dated 19.05.2017, published in Tamil Nadu Government Gazette Extraordinary bearing No.143, dated 19.05.2017 and G.O.Ms.No.90, Industries (MMD-1) Dept., dated 27.07.2017, published in Tamil Nadu Government Gazette Extraordinary bearing No.248, dated 27.07.2017, as illegal, ultra vires, null and void.

2. As pleadings and submissions are common, all the writ petitions are disposed of, by this common order.

3. It is the case of the petitioners that Mines and Minerals (Development and Regulations) Act, 1957 (Central Act 67 of 1957) is to provide for the development and regulation of Mines and Minerals under the control of Union of India, enacted by the Parliament and the same came into force on 01.06.1958. The main object of the Act is to conserve minerals. As per Section 2 of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the “Act”), the entire mining field is under Union Control. Section 13 of the Act, empowers the Central Government to frame Rules, in respect of Major Minerals. Under Section 15 of the Act, power has been delegated to the States to frame Rules, in respect of Minor Minerals. As per Section 14 of the Act, Sections 5 to 13 do not apply to Minor Minerals.

4. By Mines and Minerals (Development and Regulation) Amendment Act, 2015 (Act.10 of 2015), the Central Government inserted Section 9B, Sub-Clauses (qqa) to (qqk) to Clause (2) of Section 13, Section 15(4) and Section 15-A to the Mines and Minerals (Development and Regulation) Act, 1957. Section 9B mandates establishment of District Mineral Foundation by the States. As stated earlier, in view of Section 14 of the Act, both Sections 9B and 13, will not apply to Minor Minerals.

5. Government of India, Ministry of Mines, by notification / order bearing No.16/7/2015 M.VI(Part), dated 16.09.2015, mandated the State Governments to establish “District Mineral Foundation” in every district in the country, in terms of Sub-Section (1) of Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 and such foundation shall deemed to have come into force w.e.f. 12-01-2015. At this juncture, it is most important to note that the order of the Central Government to establish District Mineral Foundations is under Section 9B of the Act which does not apply to minor minerals.

6. Under Sub-Sections 5 and 6 of Section 9B of the Act, the Central Government issued notification bearing No.G.S.R.715(E), dated 17.09.2015, making “Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015. By the said rules, rates of contribution have been fixed as 10% of the royalty in terms of the second schedule for the leases or prospecting cum mining leases granted after 12.01.2015 and 30% in respect of the leases or prospecting licenses cum leases granted prior to 12.02.2015. The above said notification is extracted hereunder:

MINISTRY OF MINES

NOTIFICATION

New Delhi, the 17th September, 2015

G.S.R. 715(E). —In exercise of the powers conferred by sub-sections (5) and (6) of Section 9B of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules specifying the amount to be paid by holder of a mining lease or a prospecting licence-cum-mining lease, in addition to the royalty, to the District Mineral Foundation of the district established by the concerned State Government by notification, in which the mining operations are carried on, namely:—

1. Short title and commencement.—(1) These rules may be called as the Mines and Minerals (Contribution to District Mineral Foundation) Rules, 2015.

(2) These rules shall be deemed to have come into force on the 12th day of January, 2015.

Amount of contribution to be made to Dist