MINES AND MINERALS
(DEVELOPMENT AND REGULATION)
ACT, 1957
(No. 67 of
1957)
(As ammended up to 20th
December, 1999)
List Of Amending
Act
An Act to provide for the regulation of mines and the
development of minerals under the control of the Union.BE it enacted by
Parliament in the Eighth Year of the Republic of India as follows:
______________________________________________________________
- The Mines and Minerals (Regulation and Development)
Amendment Act, 1958 (15 of 1958).
- The Repealing and Amending Act, 1960 (58 of
1960).
- The Mines and Minerals (Regulation and Development)
Amendment Act, 1972 (56 of 1972).
- The Repealing and Amending Act, 1978 (38 of
1978).
- The Mines and Minerals (Regulation and Development)
Amendment Act, 1986 (37 of 1986).
- The Mines and Minerals (Regulation and Development)
Amendment Act, 1994 (25 of 1994).
- The Mines and Minerals (Regulation and Development)
Amendment Act, 1999 (38 of 1999).
____________________________________________________________________________
PRELIMINARY
Short title, extent
and commencement
1 (1) This Act may be
called the Mines and Minerals [Development and Regulation] Act,
1957.
(2) It extends to the
whole of India.
(3) It shall come
into force on such date as the Central Government may, by notification in
the Official Gazette, appoint.
Declaration as to the
expediency of Union control
2 It is hereby
declared that it is expedient in the public interest that the Union should
take under its control the regulation of mines and the development of
minerals to the extent herein after provided.
Definitions
3. In this Act,
unless the context otherwise requires:
- "minerals" includes all minerals
except minerals oils;
- "minerals oils" includes natural
gas and petroleum;
- "mining lease" means a lease
granted for the purpose of undertaking mining operations, and includes a
sub-lease granted for such purpose;
- "mining operations" means any
operations undertaken for the purpose of wining any mineral;
- "minor minerals" means building
stones, gravel, ordinary clay, ordinary sand other than sand used for
prescribed purposes, and any other mineral which the Central Government
may, by notification in the Official Gazette, declare to be a minor
mineral;
- "prescribed" means prescribed by
rules made under this Act;
- "prospecting licence" means a
licence granted for the purpose of undertaking prospecting
operations;
- "prospecting operations" means
any operations undertaken for the purpose of exploring, locating or
proving mineral deposits;
[(ha)
"reconnaissance operations" means any operations undertaken for
preliminary prospecting of a mineral through regional, aerial,
geophysical or geochemical surveys and geological mapping, but does not
include pitting, trenching, drilling (except drilling of boreholes on a
grid specified from time to time by the Central Government) or
sub-surface excavation;
(hb)
"reconnaissance permit" means a permit granted for the purpose of
undertaking reconnaissance operations; and].
(i) the
expressions, "mine" and "owner", have the meanings assigned to them in
the Mines Act, 1952.
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GENERAL
RESTRICTIONS ON UNDERTAKING RECONNAISSANCE, PROSPECTING AND MINING
OPERATIONS
Reconnaissance or
Prospecting or mining operations to be under licence or
lease
4 (1) [No person
shall undertake any reconnaissance, prospecting or mining operations in
any area, except under and in accordance with the terms and conditions
of reconnaissance permit or of a prospecting licence or, as the case may
be, a mining lease, granted under this Act and the rules made
thereunder]:
Provided that
nothing in this sub-section shall affect any prospecting or mining
operations undertaken in any area in accordance with the term and
conditions of a prospecting licence or mining lease granted before the
commencement of this Act which is in force at such
commencement.
Provided further
that nothing in this sub-section shall apply to any prospecting
operations undertaken by the Geological Survey of India, the Indian
Bureau of Mines, [the Atomic Minerals Directorate for Exploration and
Research] of the Department of Atomic Energy of the Central Government,
the Directorates of Mining and Geology of any State Government ( by
whatever name called), and the Mineral Exploration Corporation Limited,
a Government Company within the meaning of Section 617 of the Companies
Act, 1956.
Provided also that
nothing in this sub-section shall apply to any mining lease (whether
called mining lease, mining concession or by any other name) in force
immediately before the commencement of this Act in the Union Territory
of Goa, Daman and Diu.
[(1A) No
person shall transport or store or cause to be transported or stored any
mineral otherwise than in accordance with the provisions of this Act and
the rules made thereunder.]
(2) [No
reconnaissance permit, prospecting licence or mining lease] shall be
granted otherwise then in accordance with the provisions of this Act and
the Rules made thereunder.
(3) Any State
Government may, after prior consultation with the Central Government and
in accordance with the Rules under Section 18, [undertake
reconnaissance, prospecting or mining operations with respect to any
mineral specified in the First Schedule in any area within that State
which is not already held under any reconnaissance permit, prospecting
licence or mining lease.]
Termination of
prospecting licences or mining leases.
4A.(1)
Where the Central Government, after consultation with the State
Government, is of opinion that it is expedient in the interest of
Regulation of Mines and Mineral Development, Preservation of natural
environment, control of floods, prevention of pollution or to avoid
danger to public health or communications or to ensure safety of
buildings, monuments or other structures or for conservation of mineral
resources or for maintaining safety in the mines or for such other
purposes, as the Central Government may deem fit, it may request the
State Government to make a premature termination of prospecting licence
or mining lease in respect of any mineral other than a minor mineral in
any area or part thereof, and, on receipt of such request, the State
Government shall make an order making a premature termination of such
prospecting licence or mining lease with respect to the area or any part
thereof.
(2) Where the State
Government [ ] is of opinion that it is expedient in the interest of
regulation of mines and mineral development, preservation of natural
environment, control of floods, prevention of pollution, or to avoid
danger to public health or communications or to ensure safety of
buildings, monuments or other structures or for such other purposes, as
the State Government may deem fit, it may, by an order, in respect of
any minor mineral, make premature termination of prospecting licence or
mining lease with respect to the area or any part thereof covered by
such licence or lease:
(3) No order making a premature
termination of a prospecting licence or mining lease shall be made
except after giving the holder of the licence or lease a reasonable
opportunity of being heard.
(4) Where the
holder of a mining lease fails to undertake mining operations for a
period of [two years] after the date of execution of the lease or having
commenced mining operations, has discontinued the same for a period of
[two years], the lease shall lapse on the expiry of the period of [two
years] from the date of execution of the lease or as the case may be,
discontinuance of the mining operations:
Provided that the
State Government may, on an application made by the holder of such lease
before its expiry under this sub-section and on being satisfied that it
will not be possible for the holder of the lease to undertake mining
operations or to continue such operations for reasons beyond his
control, make an order, subject to such conditions as may be prescribed,
to the effect that lease shall not lapse:
Provided further
that the State Government, may on an application by the holder of a
lease submitted within a period of six months from the date of its lapse
and on being satisfied that such non commencement or discontinuance was
due to reasons beyond the control of the holder of the lease, revive the
lease from such prospective or retrospective date as it thinks fit but
not earlier than the date of lapse of the lease:
Provided also that
no lease shall be revived under the second proviso for more than twice
during the entire period of the lease.
Restrictions on the
grant of reconnaissance permits or prospecting licences or mining
leases
5. [(1) A State
Government shall not grant a [reconnaissance permit, prospecting licence
or mining lease] to any person unless such person
- is an Indian national, or a
Company as defined in sub-section (1) of Section 3 of the Companies
Act, 1956; and
- satisfies such conditions as
may be prescribed :
Provided that in
respect of any mineral specified in the First Schedule, no prospecting
licence or mining lease shall be granted except with the previous
approvals of the Central Government.
Explanation For
the purposes of this sub-section, a person shall be deemed to be an Indian
national, -
- in the case of a firm or other
association of individuals, only if all the members of the firm or
members of the association are citizens of India; and
- in the case of an individual,
only if he is a citizen of India;]
(2) No mining lease shall be
granted by the State Government unless it is satisfied
that-
[(a) there is
evidence to show that the area for which the lease is applied for has
been prospected earlier or the existence of mineral contents therein has
been established otherwise than by means of prospecting such area;
and
(b) there is a
mining plan duly approved by the Central Government, or by the State
Government, in respect of such category of mines as may be specified by
the Central Government, for the development of mineral deposits in the
area concerned.]
Maximum area for
which a reconnaissance permit, prospecting licence or mining lease may
be granted
6. (1) No person
shall acquire in respect of any mineral or prescribed group of
associated minerals [in a State]
(a) one or more prospecting
licences covering a total area of more than twenty-five square
kilometres; or
[(aa) one or more
reconnaissance permit covering a total area of ten thousand square
kilometres:
Provided that the
area granted under a single reconnaissance permit shall not exceed five
thousand square kilometres; or];
(b) one or more mining leases
covering a total area of more than ten square
kilometres;
Provided that if
the Central Government is of opinion that in the interests of the
development of any mineral, it is necessary so to do, it may, for
reasons to be recorded by it, in writing, permit any person to acquire
one or more prospecting licences or mining leases covering an area in
excess of the aforesaid total area;
[(c) any
reconnaissance permit, mining lease or prospecting licence in respect of
any area which is not compact or contiguous;
Provided that if
the State Government is of opinion that in the interests of the
development of any mineral, it is necessary so to do, it may, for
reasons to be recorded in writing, permit any person to acquire a
reconnaissance permit, prospecting licence or mining lease in relation
to any area which is not compact or contiguous;]
(2) For the purposes of this
section, a person acquiring by, or in the name of, another person a
[reconnaissance permit, prospecting licence or mining lease] which is
intended for himself shall be deemed to be acquiring it
himself.
(3) For the
purposes of determining the total area referred to in sub-section (1),
the area held under a 4[reconnaissance permit, prospecting
licence or mining lease] by a person as a member of a co-operative
society, company or other corporation or a Hindu undivided family or a
partner of a firm, shall be deducted from the area referred to in
sub-section (1) so that the sum total of the area held by such person,
under a [reconnaissance permit, prospecting licence or mining lease],
whether as such member or partner, or individually, may not, in any
case, exceed the total area specified in sub-section
(1).
Periods for which
reconnaissance permits or prospecting licences may be granted or
renewed
7. [(1) The
period for which [a reconnaissance permit or prospecting licence] may be
granted shall not exceed three years.
(2) A prospecting
licence shall, if the State Government is satisfied that a longer period
is required to enable the licensee to complete prospecting operations be
renewed for such period or periods as that Government may
specify:
Provided that the total period
for which a prospecting licence is granted does not exceed five
years;
Provided further
that no prospecting licence granted in respect of [a mineral included in
Part A and Part B to] the First Schedule shall be renewed except with
the previous approval of the Central
Government.]
Periods for which
mining leases may be granted or renewed
8. [ (1)The maximum
period for which a mining lease may be granted shall not exceed thirty
years:
Provided that the
minimum period for which any such mining lease may be granted shall not
be less than twenty years;]
(2) A mining lease may be renewed
for [a period not exceeding twenty years]:
[(3)
Notwithstanding anything contained in sub-section (2), if the State
Government is of opinion that in the interests of mineral development it
is necessary so to do, it may, for reasons to be recorded, authorise the
renewal of a mining lease in respect of minerals not specified in Part A
and Part B of the First Schedule for a further period or periods not
exceeding twenty years in each case.
(4) Notwithstanding
anything contained in sub-section(2) and sub-section (3), no mining
lease granted in respect of mineral specified in Part A or Part B of the
First Schedule shall be renewed except with the previous approval of the
Central Government.]
Royalties
in respect of mining lease
9. (1) The holder
of a mining lease granted before the commencement of this Act shall,
notwithstanding anything contained in the instrument of lease or in any
law in force at such commencement, pay royalty in respect of any mineral
removed or consumed by him or by his agent, manager, employee,
contractor or sub-lessee from the leased area after such commencement,
at the rate for the time being specified in the Second Schedule in
respect of that mineral.
(2) The holder of a
mining lease granted on or after the commencement of this Act shall pay
royalty in respect of any mineral removed or consumed by him or by his
agent, manager, employee, contractor or sub-lessee from the leased area
at the rate for the time being specified in the Second Schedule in
respect of that mineral.
(2A) The holder of
a mining lease, whether granted before or after the commencement of the
Mines and minerals (Regulation and Development) Amendment Act, 1972,
shall not be liable to pay any royalty in respect of any coal consumed
by a workman engaged in a colliery provided that such consumption by the
workman does not exceed one-third of a tonne per month.
(3) The Central
Government may, by notification in the Official Gazette amend the Second
Schedule so as to enhance or reduce the rate at which royalty shall be
payable in respect of any mineral with effect from such date as may be
specified in the notification:
Provided that the
Central Government shall not enhance the rate of royalty in respect of
any mineral more than once during any period of three
years.
Dead rent to be paid
by the lessee
9A (1)The holder of
a mining lease, whether granted before or after the commencement of the
Mines and Minerals (Regulation and Development) Amendment Act, 1972,
shall notwithstanding anything contained in the instrument of lease or
in any other law for the time being in force, pay to the State
Government, every year, dead rent at such rate as may be specified, for
the time being, in the Third Schedule, for all the areas included in the
instrument of lease:
Provided that where
the holder of such mining lease becomes liable, under section 9, to pay
royalty for any mineral removed or consumed by him or by his agent,
manager, employee, contractor or sub-lessee from the leased area, he
shall be liable to pay either such royalty, or the dead rent in respect
of that area, whichever is greater.
(2) The Central
Government may, by notification in the Official Gazette, amend the Third
Schedule so as to enhance or reduce the rate at which the dead rent
shall be payable in respect of any area covered by a mining lease and
such enhancement or reduction shall take effect from such date as may be
specified in the notification:
Provided that the Central
Government shall not enhance the rate of the dead rent in respect of any
such area more than once during any period of three
years.
___________________________________________________________________________
PROCEDURE
FOR OBTAINING RECONNAISSANCE PERMITS, PROSPECTING LICENCES OR MINING
LEASES IN RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE
GOVERNMENT
Application for
reconnaissance permits, prospecting licences or mining
leases
10. (1)An
application for [a reconnaissance permit, prospecting licence or a
mining lease] in respect of any land in which the minerals vest in the
Government shall be made to the State Government concerned in the
prescribed form and shall be accompanied by the prescribed
fee.
(2) Where an
application is received under sub-section (1), there shall be sent to
the applicant an acknowledgement of its receipt within the prescribed
time and in the prescribed form.
(3) On receipt of
an application under this section, the State Government may, having
regard to the provisions of this Act and any rules made thereunder,
grant or refuse to grant the [permit, licence or
lease].
Preferential right
of certain persons
[11 (1)Where a
reconnaissance permit or prospecting licence has been granted in respect
of any land, the permit holder or the licensee shall have a preferential
right for obtaining a prospecting licence or mining lease, as the case
may be, in respect of that land over any other person:
Provided that the
State Government is satisfied that the permit holder or the licensee, as
the case may be,-
(a) has undertaken
reconnaissance operations or prospecting operations, as the case may be,
to establish mineral resources in such land;
(b) has not
committed any breach of the terms and conditions of the reconnaissance
permit or the prospecting licence;
(c) has not become ineligible
under the provisions of this Act; and
(d) has not failed
to apply for grant of prospecting licence or mining lease, as the case
may be, within three months after the expiry of reconnaissance permit or
prospecting licence, as the case may be, or within such further period,
as may be extended by the said Government.
(2) Subject to the
provisions of sub-section (1), where the State Government has not
notified in the Official Gazette the area for grant of reconnaissance
permit or prospecting licence or mining lease, as the case may be, and
two or more persons have applied for a reconnaissance permit,
prospecting licence or a mining lease in respect of any land in such
area, the applicant whose application was received earlier, shall have
the preferential right to be considered for grant of reconnaissance
permit, prospecting licence or mining lease, as the case may be, over
the applicant whose application was received later:
Provided that where
an area is available for grant of reconnaissance permit, prospecting
licence or mining lease, as the case may be, and the State Government
has invited applications by notification in the Official Gazette for
grant of such permit, licence or lease, all the applications received
during the period sepcified in such notification and the applications
which had been received prior to the publication of such notification in
respect of the lands within such area and had not been disposed of,
shall be deemed to have been received on the same day for the purposes
of assigning priority under this sub-section:
Provided further
that where any such applications are received on the same day, the State
Government, after taking into consideration the matter specified in
sub-section (3), may grant the reconnaissance permit, prospecting
licence or mining lease, as the case may be, to such one of the
applications as it may deem fit.
(3) The matters referred to in
sub-section (2) are the following:-
- any special knowledge of, or
experience in, reconnaissance operations, prospecting operations or
mining operations, as the case may be, possessed by the
applicant;
- the financial resources of the
applicant;
- the nature and quality of the
technical staff employed or to be employed by the applicant;
- the investment which the
applicant proposes to make in the mines and in the industry based on
the minerals;
- such other matters as may be
prescribed.
(4) Subject to the
provisions of sub-section (1), where the State Government notifies in
the Official Gazette an area for grant of reconnaissance permit,
prospecting licence or mining lease, as the case may be , all the
applications received during the period as specified in such
notification, which shall not be less than thirty days, shall be
considered simultaneously as if all such applications have been received
on the same day and the State Government, after taking into
consideration the matters specified in sub-section (3), may grant the
reconnaissance permit, prospecting licence or mining lease, as the case
may be, to such one of the applicants as it may deem
fit.
(5) Notwithstanding
anything contained in sub-section (2), but subject to the provisions of
sub-section (1), the State Government may, for any special reasons to be
recorded, grant a reconnaissance permit, prospecting licence or mining
lease, as the case may be, to an applicant whose application was
received later in preference to an application whose application was
received earlier:
Provided that in
respect of minerals specified in the First Schedule, prior approval of
the Central Government shall be obtained before passing any order under
this sub-section.]
Registers of
reconnaissance permits, prospecting licences and mining
leases
12 (1) The
State Government shall cause to be maintained in the prescribed form
(a) a register of
applications for prospecting licences;
(b) a register of
prospecting licences;
[(c) a register
of applications for mining leases;
(d) a register of
mining leases;
(e) a register of
applications for reconnaissance permits; and
(f) a register of
reconnaissance permits.]
In each of which
shall be entered such particulars as may be
prescribed.
(2) Every such
register shall be open to inspection by any person on payment of such
fee as the State Government may fix.
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RULES
FOR REGULATING THE GRANT OF RECONNAISSANCE PERMITS, PROSPECTING LICENCES
AND MINING LEASES
Power of Central
Government to make rules in respect of
minerals
13. (1)The Central
Government may, by notification in the Official Gazette, make rules for
regulating the grant of [reconnaissance permits, prospecting licences
and mining leases] in respect of minerals and for purposes
connected therewith.
(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:-
-
the person by whom, and the manner in which,
applications for [reconnaissance permits, prospecting licences or
mining leases] in respect of land in which the minerals
vest in the Government may be made and the fees to be paid
therefor;
-
the time
within which, and the form in which, acknowledgement of the receipt
of any such application may be sent;
-
the matters
which may be considered where applications in respect of the same
land are received on the same day;
-
omitted;
-
the authority
by which [reconnaissance permits, prospecting licences or mining
leases] in respect of land in which the minerals vest in the
Government may be granted;
-
the procedure
for obtaining [a reconnaissance permits, a prospecting licence or a
mining lease] in respect of any land in which the minerals vest in a
person other than the Government and the terms on which, and the
conditions subject to which, such [a permit, licence or lease] may
be granted or renewed;
-
the terms on
which, and the conditions subject to which, any other
[reconnaissance permit, prospecting licence or mining lease] may be
granted or renewed;
-
the
facilities to be afforded by holders of mining leases to persons
deputed by the Government for the purpose of undertaking research or
training in matters relating to mining operations;
-
the fixing
and collection of fees for [reconnaissance permits, prospecting
licences or mining leases], surface rent, security deposit, fines,
other fees or charges and the time within which and the manner in
which the dead rent or royalty shall be payable;
-
the manner in
which rights of third parties may be protected (whether by payment
of compensation or otherwise) in cases where any such party may be
prejudicially affected by reason of any [reconnaissance, prospecting
or mining operations];
-
the grouping
of associated minerals for the purposes of section 6;
-
the manner in
which, and the conditions subject to which, [a reconnaissance
permit, a prospecting licence or a mining lease] may be
transferred;
-
the
construction, maintenance and use of roads, power transmission
lines, tramways, railways, aerial ropeways, pipelines and the making
of passages for water for mining purposes on any land comprised in a
mining lease;
-
the form of
registers to be maintained under this Act;
-
omitted;
-
the reports
and statements to be submitted by holders of [reconnaissance permits
or prospecting licences] or owners of mines and the authority to
which such reports and statements shall be submitted;
-
the period
within which applications for revision of any order passed by a
State Government or other authority in exercise of any power
conferred by or under this Act, may be made the fees to be paid
therefor and the documents which shall accompany such applications
and the manner in which such applications shall be disposed
of;
-
(qq) the manner
in which rehabilitation of flora and other vegetation; such as
trees, shrubs and the like destroyed by reason of any prospecting or
mining operations shall be made in the same area or in any other
area selected by the Central government (whether by way of
reimbursement of the cost of rehabilitation or otherwise) by the
person holding the prospecting licence or mining lease;
and
-
any other
matter which is to be, or may be, prescribed under this
Act.
Power of
Central Government to make rules for the grant of prospecting licences
or mining leases in respect of territorial waters or continental shelf
of India.
13A (1)The
Central Government may, by notification in the Official Gazette, make
rules for the grant of prospecting licences or mining leases in
respect of any minerals underlying the ocean within the territorial
waters or the continental shelf of India.
(2) Without
prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:
-
- the conditions,
limitations and restrictions subject to which such prospecting
licences or mining leases may be granted;
- regulation of exploration
and exploitation of minerals within the territorial waters or the
continental shelf of India;
- ensuring that such
exploration or exploitation does not interfere with navigation;
and
- any other matter which is
required to be, or may be, prescribed.
[Sections 5 to
13] not to apply to minor minerals
14. The provisions
of sections 5 to 13 (inclusive) shall not apply to quarry leases, mining
leases or other mineral concessions in respect of minor
minerals.
Power of State
Governments to make rules in respect of minor
minerals
15 (1)The State
Government may, by notification in the Official Gazette, make rules
for regulating the grant of quarry leases, mining leases or other
mineral concessions in respect of minor minerals and for purposes
connected therewith.
(1A) 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:-
- the person by whom and the
manner in which, applications for quarry leases, mining leases or
other mineral concessions may be made and the fees to be paid
therefor;
- the time within which, and
the form in which, acknowledgement of the receipt of any such
applications may be sent;
- the matters which may be
considered where applications in respect of the same land are
received within the same day;
- the terms on which, and
the conditions subject to which and the authority by which quarry
leases, mining leases or other mineral concessions may be granted
or renewed;
- the procedure for
obtaining quarry leases, mining leases or other mineral
concessions;
- the facilities to be
afforded by holders of quarry leases, mining leases or other
mineral concessions to persons deputed by the Government for the
purpose of undertaking research or training in matters relating to
mining operations;
- the fixing and collection
of rent, royalty, fees, dead rent, fines or other charges and the
time within which and the manner in which these shall be
payable;
- the manner in which the
rights or third parties may be protected (whether by way of
payment or compensation or otherwise) in case where any such party
is prejudicially affected by reason of any prospecting or mining
operations;
- the manner in which the
rehabilitation of flora and other vegetation, such as trees,
shrubs and the like destroyed by reasons of any quarrying or
mining operations shall be made in the same area or in any other
area selected by the State Government (whether by way of
reimbursement of the cost of rehabilitation or otherwise) by the
person holding the quarrying or mining lease;
- the manner in which and
the conditions subject to which, a quarry lease, mining lease or
other mineral concessions may be transferred;
- the construction,
maintenance and use of roads, power transmission lines, tramways,
railways, aerial ropeways, pipelines and the making of passage for
water for mining purposes or any land comprised in a quarry or
mining lease or other mineral concessions;
- the form of registers to
be maintained under this Act;
- the reports and statements
to be submitted by holders of quarry or mining leases or other
mineral concessions and the authority to which such reports and
statements shall be submitted;
- the period within which
and the manner in which and the authority to which applications
for revision of any order passed by any authority under these
rules may be made, the fees to be paid therefore, and the powers
of the revisional authority; and
- any other matter which is
to be, or may be prescribed.
(2) Until rules
are made under sub-section (1), any rules made by a State Government
regulating the grant of quarry leases, mining leases or other mineral
concessions in respect of minor minerals which are in force
immediately before the commencement of this Act shall continue in
force.
(3) The holder of
a mining lease or any other mineral concession granted under any rule
made under subsection (1) shall pay royalty or dead rent, whichever is
more in respect of minor minerals removed or consumed by him or by his
agent, manager, employee, contractor or sub-lessee at the rate
prescribed for the time being in the rules framed by the State
Government in respect of minor minerals.
Provided that the
State Government shall not enhance the rate of royalty or dead rent in
respect of any minor mineral for more than once during any period of
three years.
Power to modify
mining leases granted before 25th Oct.,
1949
16. (1) (a) All
mining leases granted before the commencement of the Mines and
Minerals (Regulation and Development) Amendment Act, 1972 [if in force
at the date of commencement of the Mines and Minerals (Regulation and
Development) Amendment Act, 1994 shall be brought in conformity with
the provision of this Act, and the rules made thereunder within two
years from the date of commencement of the Mines and Minerals
(Regulation and Development) Amendment Act, 1994], or such further
time as the Central Government may, by general or special order,
specify in this behalf.
(b) Where the
rights under any mining lease, granted by the proprietor of an estate
or tenure before the commencement of the Mines and Minerals
(Regulation and Development) Amendment Act, 1972, have vested, on or
after the 25th day of October, 1949, in the State
Government in pursuance of the provisions of any Act of any provincial
or State Legislature which provides for the acquisition of estates or
tenures or provides for agrarian reform, such mining lease shall be
brought into conformity with the provisions of this Act and the rules
made thereunder within [two years from the commencement of the Mines
and Minerals (Regulation and Development) Amendment Act, 1994] , or
within such further time as the Central Government may, by general or
special order, specify in this behalf.
[(1A)Where
any action is taken under clause (a) or clause (b) of sub-section (1)
to bring the period of any lease in conformity with the provisions of
this Act and the rules made thereunder, then notwithstanding anything
contained in section 8, the period of such lease shall continue to
operate for a period of two years from the date of bringing such lease
in conformity with the provisions of this Act.]
(2) The Central
Government may, by notification in the Official Gazette, make rules
for the purpose of giving effect to the provisions of sub-section (1)
and in particular such rules shall
provide-
- for giving previous notice
of the modification or alteration proposed to be made in any
existing mining lease to the lessee and where the lessor is not
the Central Government, also to the lessor and for affording him
an opportunity of showing cause against the proposal;
- for the payment of
compensation to the lessee in respect of the reduction of any area
covered by the existing mining lease; and
- for the principles on
which the manner in which, and the authority by which, the said
compensation shall be determined.
___________________________________________________________________________
SPECIAL
POWERS OF CENTRAL GOVERNMENT TO UNDERTAKE RECONNAISSANCE, PROSPECTING OR
MINING OPERATIONS IN CERTAIN CASES
Special powers of
Central Government to undertake reconnaissance, prospecting or mining
operations in certain lands
17 (1) The
provisions of this section shall apply in respect of land in which the
minerals vest in the Government of a State or any other
person.
(2) Notwithstanding
anything contained in this Act, the Central Government, after
consultation with the State Government, may undertake [reconnaissance,
prospecting or mining operations] in any area not already held under any
[reconnaissance permit, prospecting licence or mining lease], and where
it proposes to do so, it shall, by notification in the Official
Gazette-
- specify the boundaries of such
area;
- state whether [reconnaissance,
prospecting or mining operations] will be carried out in the area;
and
- specify the mineral or
minerals in respect of which such operations will be carried
out.
(3) Where, in
exercise of the powers conferred by sub-section (2), the Central
Government undertakes 2[reconnaissance, prospecting or mining
operations] in any area, the Central Government shall be liable to pay
[reconnaissance permit fee or prospecting fee], royalty, surface rent or
dead rent, as the case may be, at the same rate at which it would have
been payable under this Act, if such [reconnaissance, prospecting or
mining operations] had been undertaken by a private person under a
[reconnaissance permit, prospecting licence or mining lease].
(4) The Central
Government, with a view to enabling it to exercise the powers conferred
on it by sub-section (2) may, after consultation with the State
Government, by notification in the Official Gazette, declare that no
[reconnaissance permit, prospecting licence or mining lease] shall be
granted in respect of any land specified in the
notification.
Reservation of
areas for purposes of conservation
17A (1)The
Central Government, with a view to conserving any mineral and after
consultation with the State Government, may reserve any area not already
held under any prospecting licence or mining lease and where it proposes
to do so, it shall, by notification in the Official Gazette, specify the
boundaries of such area and the mineral or minerals in respect of which
such area will be reserved.
[(1A) The Central
Government may in consultation with State Government, reserve any area
not already held under any prospecting licence or mining lease, for
undertaking prospecting or mining operations through a Government
company or corporation owned or controlled by it, and where it proposes
to do so, it shall, by notification in the Official Gazette, specify the
boundaries of such area and the mineral or minerals in respect of which
such area will be reserved.]
(2) The State
Government may, with approval of Central Government, reserve any area
not already held under any prospecting licence or mining lease, for
undertaking prospecting or mining operations through a Government
company or corporation owned or controlled by it [ ] and where it
proposes to do so, it shall, by notification in the Official Gazette,
specify the boundaries of such area and the mineral or minerals in
respect of which such areas will be reserved.
(3) [Where
in exercise of the powers conferred by sub-section(1A) or sub-section(2)
the Central Government or the State Government as the case may be]
undertakes prospecting or mining operations in any area in which the
minerals vest in a private person, it shall be liable, to pay
prospecting fee, royalty, surface rent or dead rent, as the case may be,
from time to time at the same rate at which it would have been payable
under this Act if such prospecting or mining operations had been
undertaken by a private person under prospecting licence or mining
lease.
________________________________________________________________________
DEVELOPMENT OF MINERALS
Mineral
Development
18 (1) It shall be the duty of
the Central Government to take all such steps as may be necessary for
the conservation and systematic development of minerals in India and for
the protection of environment by preventing or controlling any pollution
which may be caused by prospecting or mining operations and for such
purposes the Central Government may, by notification in the Official
Gazette, make such rules as it thinks fit.
(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
:
-
the opening of new mines
and the regulation of mining operations in any area;
-
the regulation of the
excavation or collection of minerals from any mine;
-
the measures to be taken by
owners of mines for the purpose of beneficiation of ores,
including the provision of suitable contrivances for such
purpose;
-
the development of mineral
resources in any area;
-
the notification of all new
borings and shaft sinkings and the preservation of bore-hole
records, and specimens of cores of all new bore-holes;
-
the regulation of the
arrangements for the storage of minerals and the stocks thereof
that may be kept by any person;
-
the submission of samples
of minerals from any mine by the owner thereof and the manner in
which and the authority to which such samples shall be submitted ;
and the taking of samples of any minerals from any mine by the
State Government or any other authority specified by it in that
behalf;
-
the submission by owners of
mines of such special or periodical returns and reports as may be
specified, and the form in which and the authority to which such
returns and reports shall be submitted;
-
the regulation of
prospecting operations;
-
the employment of qualified
geologists or mining engineers to supervise prospecting or mining
operations;
-
the disposal or discharge
of waste slime or tailings arising from any mining or
metallurgical operations carried out in a mine;
-
the manner in which and the
authority by which directions may be issued to the owners of any
mine to do or refrain from doing certain things in the interest of
conservation or systematic development of minerals or for the
protection of environment by preventing or controlling pollution
which may caused by prospecting or mining operations;
-
the maintenance and
submission of such plans, registers or records as may be specified
by the Government;
-
the submission of records
or reports by persons carrying on prospecting or mining operations
regarding any research in mining or geology carried out by
them;
-
the facilities to be
afforded by persons carrying out prospecting or mining operations
to persons authorised by the Central Government for the purpose of
undertaking research or training in matters relating to mining or
geology;
-
the procedure for and the
manner of imposition of fines for the contravention of any of the
rules framed under this section and the authority who may impose
such fines; and
-
the authority to which, the
period within which, the form and the manner in which applications
for revision of any order passed by any authority under this Act
and the rules made thereunder may be made, the fee to paid and the
documents which should accompany such
applications.
(3) All rules made under this
section shall be binding on the Government.
Power to authorise Geological Survey of India,
etc. to make investigation.
18A (1)Where the Central Government
is of opinion that for the conservation and development of minerals in
India, it is necessary to collect as precise information as possible
with regard to any mineral available in or under any land in relation to
which any prospecting licence or mining lease has been granted, whether
by the State Government or by any other person, the Central Government
may authorise the Geological Survey of India, or such other authority or
agency as it may specify in this behalf, to carry out such detailed
investigations for the purpose of obtaining such information as may be
necessary:
Provided that in the cases of
prospecting licences or mining leases granted by a State Government, no
such authorisation shall be made except after consultation with the
State Government.
(2) On the issue of any
authorisation under sub-section (1), it shall be lawful for the
Geological Survey of India or the specified authority or agency, and its
servants and workman
- to enter upon such land,
- to dig or bore into the sub-soil,
- to do all other acts necessary to
determine the extent of any mineral available in or under such
land,
- to set out boundaries of the land in which
any mineral is expected to be found,
- to mark such boundaries and line by
placing marks,
- where otherwise the survey cannot be
completed on the boundaries and line marked, to cut down and clear
away any part to any standing crop, fence or jungle:
Provided that no such authority or
agency shall enter into any building or upon any enclosed court or
garden attached to a dwelling-house (except with the consent of the
occupier thereof) without previously giving such occupier at least seven
days notice in writing of its intention to do so.
(3) Whenever any action of the
nature specified in sub-section (2) is to be taken, the Central
Government shall, before or at the time when such action is taken, pay
or tender payment for all necessary damage which is likely to be caused,
and in case of dispute as to the sufficiency of the amount so paid or
tendered or as to the person to whom it should be paid or tendered, the
Central Government shall refer the dispute to the principal civil court
of original jurisdiction having jurisdiction over the land in
question.
(4) The fact that here exists any
such dispute as is referred to in sub-section (3) shall not be a bar to
the taking of any action under sub-section (2).
(5) After the completion of the
investigation, the Geological Survey of India or the specified authority
or agency by which the investigation was made shall submit to the
Central Government a detailed report indicating therein the extent and
nature of any mineral which lies deposited in or under the
land.
(6) The costs of the investigation
made under this section shall be borne by the Central
Government.
Provided that where the State
Government or other person in whom the minerals are vested or the holder
of any prospecting licence or mining lease applies to the Central
Government to furnish to it or him a copy of the report submitted under
sub-section (5), that State Government or other person or the holder of
a prospecting licence or mining lease, as the case may be, shall bear
such reasonable part of the costs of investigation as the Central
Government may specify in this behalf and shall, on payment of such part
of the costs of investigations, be entitled to receive from the Central
Government a true copy of the report submitted to it under sub-section
(5).
___________________________________________________________________________
MISCELLANEOUS
Reconnaissance permits, prospecting
licences and mining leases to be void if in contravention of
Act
19. Any [reconnaissance permit,
prospecting licence or mining lease] granted, renewed or acquired in
contravention of the provisions of this Act or any rules or orders made
thereunder shall be void and of no effect.
Explanation:- Where a person has acquired more than one [reconnaissance
permit, prospecting licence or mining lease] [ ] and the aggregate area
covered by such [permits, licences or leases], as the case may be,
exceeds the maximum area permissible under section 6, only that
[reconnaissance permit, prospecting licence or mining lease] the
acquisition of which has resulted in such maximum area being exceeded
shall be deemed to be void.
Act and rules to apply to all
renewals of prospecting licences and mining
leases
20. The provisions of this Act and
rules made thereunder shall apply in relation to the renewal after the
commencement of this Act of any prospecting licence or mining lease
granted before such commencement as they apply in relation to the
renewal of a prospecting licence or mining lease granted after such
commencement.
Penalties
21 [(1) Whoever contravenes the
provisions of sub-section (1) or sub-section (1A) of section 4 shall be
punished with imprisonment for a term which may extend to two years, or
with fine which may extend to twenty-five thousand rupees, or with
both.]
(2) Any rule made under any
provision of this Act any provide that any contravention thereof shall
be punishable with imprisonment for a term which may extend to one year
or with fine which may extend to five thousand rupees, or with both, and
in the case of continuing contravention, with an additional fine which
may extend to five hundred rupees for every day during which such
contravention continues after conviction for the first such
contravention.
(3) Where any person trespasses
into any land in contravention of the provisions of sub-section (1) of
section 4, such trespasser may be served with an order of eviction by
the State Government or any authority authorised in this behalf by that
Government and the State Government or such authorised authority may, if
necessary, obtain the help of the police to evict the trespasser from
the land.
[(4) Whenever any person raises,
transports or causes to be raised or transported, without any lawful
authority, any mineral from any land, and, for that purpose, uses any
tool, equipment, vehicle or any other thing, such mineral, tool,
equipment, vehicle or any other thing shall be liable to be seized by an
officer or authority specially empowered in this behalf.
(4A) Any mineral, tool, equipment,
vehicle or any other thing seized under sub-section (4), shall be liable
to be confiscated by an order of the court competent to take cognizance
of the offence under sub-section (1) and shall be disposed of in
accordance with the directions of such court.]
(5) Whenever any person raises,
without any lawful authority, any mineral from any land, the State
Government may recover from such person the mineral so raised, or, where
such mineral has already been disposed of the price thereof, and may
also recover from such person, rent, royalty or tax, as the case may be,
for the period during which the land was occupied by such person without
any lawful authority.
(6) Notwithstanding anything
contained in the Code of Criminal procedure, 1973, an offence under
sub-section(1) shall be cognizable.
Cognizance of
offences
22. No court shall take cognizance
of any offence punishable under this Act or any rules made thereunder
except upon complaint in writing made by a person authorised in this
behalf by the Central Government or the State
Government.
Offences by
companies
23 (1) If the person
committing an offence under this Act or any rules made thereunder is a
company, every person who at the time the offence was committed was in
charge of, and was responsible to the company for the conduct of the
business of the company, shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished
accordingly:
Provided that nothing contained in
this sub-section shall render any such person liable to any punishment,
if he proves that the offence was committed without his knowledge or
that he exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything
contained in sub-section (1), where an offence under this Act has been
committed with the consent or connivance of any director, manager,
secretary or other officer of the company, such director, manager,
secretary or other officer shall be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished
accordingly.
Explanation For the purposes of
this section.
(a) "company" means any body
corporate and includes a firm or other association of
individuals;
(b) "director" in relation to a
firm means a partner in the firm.
Compounding of
offences
23A (1) Any offence punishable
under this Act or any rule made thereunder may, either before or after
the institution of the prosecution, be compounded by the person
authorised under section 22 to make a complaint to the court with
respect to that offence, on payment to that person, for credit to the
Government, of such sum as that person may specify:
Provided that in the case of an
offence punishable with fine only, no such sum shall exceed the maximum
amount of fine which may be imposed for that offence.
(2) Where an offence is compounded
under sub-section (1), no proceeding or further proceeding , as the case
may be, shall be taken against the offender in respect of the offence so
compounded, and the offender, if in custody, shall be released
forthwith.
[23B Power to
search
If any gazetted officer of the
Central or a State Government authorised by the Central Government [or a
State Government, as the case may be] in this behalf by general or
special order has reason to believe that any mineral has been raised in
contravention of the provisions of this Act or rules made thereunder or
any document or thing in relation to such mineral is secreted in any
place [or vehicle], he may search for such mineral, document or thing
and the provisions of section 100 of the Code of Criminal procedure,
1973 shall apply to every such search.]
[23C (1) The State Government
may, by notification in the Official Gazette, make rules for preventing
illegal mining, transportation and storage of minerals and for the
purposes connected therewith.
(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:-
- establishment of check-posts for checking of
minerals under transit;
- establishment of weigh-bridges to measure the
quantity of mineral being transported;
-
regulation of mineral being
transported from the area granted under a prospecting licence or a
mining lease or a quarrying licence or a permit, in whatever name the
permission to excavate minerals, has been given;
- inspection, checking and search of minerals at
the place of excavation or storage or during transit;
- maintenance of registers and forms for the
purposes of these rules;
-
the period within which and the
authority to which applications for revision of any order passed by any
authority be preferred under any rule made under this section and the
fees to be paid therefor and powers of such authority for disposing of
such applications; and
-
any other matter which is
required to be, or may be, prescribed for the purpose of prevention of
illegal mining, transportation and storage of
minerals.
(3) Notwithstanding anything
contained in section 30, the Central Government shall have no power to
revise any order passed by a State Government or any of its authorised
officers or any authority under the rules made under sub-sections (1)
and (2).]
Power of entry and
inspection
24 (1) For the purpose of
ascertaining the position of the working, actual or prospective, of any
mine or abandoned mine or for any other purpose connected with this Act
or the rules made thereunder, any person authorised by the [Central
Government or a State Government] in this behalf, by general [ ] order,
may-
(a) enter and inspect any
mine;
(b) survey and take measurements
in any such mine;
(c) weigh, measure or take
measurements of the stocks of minerals lying at any mine;
(d) examine any document, book,
register, or record in the possession or power of any person having
the control of, or connected with, any mine and place marks of
identification thereon, and take extracts from or make copies of such
document, book, register or record;
(e) order the production of any
such document, book, register, record, as is referred to in clause
(d); and
(f) examine any person having the
control of, or connected with, any mine.
(2) Every person authorised by the
[Central Government or a State Government] under sub-section (1) shall
be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code, and every person to whom an order or summons is
issued by virtue of the power conferred by clause (c) or clause (f) of
that sub-section shall be legally bound to comply with such order or
summons, as the case may be.
Rights and liabilities of a holder
of reconnaissance permit, prospecting licence or mining
lease
24A (1) On the issue of a
[reconnaissance permit, prospecting licence or mining lease] under this
Act and the rules made thereunder, it shall be lawful for the [holder of
such permit, licence or lease], his agents or his servants or workmen to
enter the lands over which [such permit, lease or licence had been
granted] alt all times during its currency and carry out all such
[reconnaissance, prospecting or mining operations] as may be
prescribed:
Provided that no person
shall enter into any building or upon an enclosed court or garden
attached to a dwelling-house(except with the consent of the occupier
thereof) without previously giving such occupier at least seven days
notice in writing of his intention to do
so.
(2) The holder of a [reconnaissance permit,
prospecting licence or mining lease] referred to in sub-section (1)
shall be liable to pay compensation in such manner as may be prescribed
to the occupier of the surface of the land granted under [such permit,
licence or lease] for any loss or damage which is likely to arise or has
arisen from or in consequence of the [reconnaissance, mining or
prospecting operations].
(3) The amount of compensation
payable under sub-section(2) shall be determined by the State Government
in the manner prescribed.
Recovery of certain sums as arrears
of land revenue.
25 (1) Any rent, royalty,
tax, fee or other sum due to the Government under this Act or the rules
made thereunder or under the terms and conditions of any [reconnaissance
permit, prospecting licence or mining lease] may, on a certificate of
such officer as may be specified by the State Government in this behalf
by general or special order, be recovered in the same manner as an
arrear of land revenue.
(2) Any rent, royalty, tax, fee or
other sum due to the Government either under this Act or any rule made
thereunder or under the terms and conditions of any [reconnaissance
permit, prospecting licence or mining lease] may, on a certificate of
such officer as may be specified by the State Government in this behalf
by general or special order, be recovered in the same manner as if it
were an arrear of land revenue and every such sum which becomes due to
the Government after the commencement of the Mines and Minerals
(Regulation and Development) Amendment Act, 1972, together with the
interest due thereon shall be a first charge on the assets of the holder
of the [reconnaissance permit, prospecting licence or mining
lease], as the case may be.
Delegation of
powers
26 (1) The Central
Government may, by notification in the official Gazette, direct that any
power exercisable by it under this Act may, in relation to such matters
and subject to such conditions, if any, as may be specified in the
notification be exercisable also by
(a) Such officer or authority
subordinate to the Central Government; or
(b) Such State Government or such
officer or authority subordinate to a State Government; as may be
specified in the notification.
(2) The State Government may,
by notification in the Official Gazette, direct that any power
exercisable by it under this Act may, in relation to such matters and
subject to such conditions, if any, as may be specified in the
notification, be exercisable also by such officer or authority
subordinate to the State Government as may be specified in the
notification.
(3) Any rules made by the Central
Government under this Act may confer powers and impose duties or
authorise the conferring of powers and imposition of duties upon any
State Government or any officer or authority subordinate
thereto.
Protection of action taken in good
faith
27. No suit, prosecution or other
legal proceedings shall lie against any person for anything which is in
good faith done or intended to be done under this
Act.
Rules and notifications to be laid
before Parliament and certain rules to be approved by
Parliament
28 (1) Every rule and every
notification made by the Central Government under this Act shall be
laid, as soon as may be after it is made, before each house of
Parliament while it is in session for a total period of thirty days
which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both houses agree in
making any modification in the rule or notification or both houses agree
that the rule or notification should not be made, the rule or
notification shall thereafter have effect only in such modified from or
be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule or notification.
(2) Without prejudice to the
generality of rule making power vested in the Central Government, no
rules made with reference to clause (c) of sub-section (2) of section 16
shall come into force until they have been approved, whether with or
without modifications, by each House of Parliament.
[(3) Every rule and every
notification made by the State Government under this Act shall be laid,
as soon as may be after it is made, before each House of the State
Legislature where it consists of two Houses, or where such Legislature
consists one House, before that House.]
Existing rules to
continue
29 All rules made or purporting to
have been made under the Mines and Minerals (Regulation and Development)
Act, 1948, shall, in so far as they relate to matters for which
provision is made in this Act and are not inconsistent therewith, be
deemed to have been made under this Act as if this Act had been in force
on the date on which such rules were made and shall continue in force
unless and until they are superseded by any rules made under this
Act.
Power of revision of Central
Government
30 The Central Government may, of
its own motion or on application made within the prescribed time by an
aggrieved party, revise any order made by a State Government or other
authority in exercise of the powers conferred on it by or under this Act
[with respect to any mineral other than a minor
mineral.]
Special provisions relating to
mining leases for coal granted before 25th October,
1949
30A Notwithstanding anything
contained in this Act, the provisions of sub-section (1) of section 9
and sub-section (1) of section 16 shall not apply to or in relation to
mining leases granted before the 25th day of October, 1949,
in respect of coal, but the Central Government, if it is satisfied that
it is expedient so to do, may be, by notification in the Official
Gazette, direct that all or any of the said provisions (including any
rules made under sections 13 and 18) shall apply to or in relation to
such leases subject to such exceptions and modifications, if any, as may
be specified in that or in any subsequent
notification.
Relaxation of rules in special
cases
31. The Central Government may, if
it is of opinion that in the interests of mineral development it is
necessary so to do, by order in writing and for reasons to be recorded,
authorise in any case the grant, renewal or transfer of any
[reconnaissance permit, prospecting licence or mining lease], or the
working of any mine for the purpose of searching for or winning any
mineral, on terms and conditions different from those laid down in the
rules made under section 13.
32. [Amendments to Act 53 of 1948]
Rep. By the Repealing and Amending Act, 1960 (58 of 1960 ), S. 2 and
Sch. I.
Validation of certain acts and
indemnity
All acts of executive authority
done, proceedings taken and sentences passed under the Mines and
Minerals (Regulation and Development) Act, 1948, with respect to the
regulation of mines and the development of minerals during the period
commencing on the 26th day of January, 1950, and ending with
the date of commencement of this Act by the Government or by any officer
of the Government or by any other authority, in the belief or purported
belief that the acts, proceedings of sentences were being done, taken or
passed under the said Act, shall be as valid and operative as if they
had been done, taken or passed in accordance with law, and no suit or
other legal proceeding shall be maintained or continued against any
person whatsoever, on the ground that any such acts, proceedings or
sentences were not done, taken or passed in accordance with law.
___________________________________________________________________________
THE FIRST SCHEDULE
[See sections
4(3), 5(1), 7(2) and 8(2)]
SPECIFIED MINERALS
PART A. Hydro Carbons Energy
Minerals
- Coal and Lignite.
PART B. Atomic Minerals
- Beryl and other beryllium-bearing minerals.
- Lithium-bearing minerals.
- Minerals of the "rare earths" group containing Uranium and
Thorium.
- Niobium-bearing minerals.
- Phosphorites and other phosphatic ores containing Uranium.
- Pitchblende and other Uranium ores.
- [Titanium bearing minerals and ores (ilmenite, rutile and
leucoxene)].
- Tantallium-bearing minerals.
- Uraniferous allanite, monazite and other thorium minerals.
- Uranium bearing tailings left over from ores after extraction of
copper and gold, ilmenite and other titanium ores.
[Zirconium bearing minerals and ores including Zircon].
PART C. Metallic and Non-Metallic
Minerals
- Asbestos.
- Bauxite.
- Chrome ore.
- Copper ore.
- Gold.
- Iron ore.
- Lead.
- [ ]
- Manganese ore.
- Precious stones.
- Zinc.]
_______________________________________________________________
THE
SECOND SCHEDULE
(See section 9)
New Delhi,
the 14th October,
2004
G.S.R..677(E).- In
exercise of the powers conferred by sub-section (3) of section 9 of the
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957),
the Central Government hereby makes with immediate effect, the following
further amendments to the Second Schedule to the said Act, namely :-
In the Mines and
Minerals (Development and Regulation) Act, 1957, for the Second Schedule,
the following Schedule shall be substituted, namely :-
RATES OF ROYALTY IN
RESPECT OF MINERALS AT ITEM 1 TO 10 , 12 TO 38 AND 40 TO 51 APPLICABLE IN
ALL STATES AND UNION TERRITORIES EXCEPT THE STATE OF WEST BENGAL.
|
1. Agate
|
Ten percent
of sale price on ad
valorem basis.
|
|
2. Apatite
and Rock Phosphate
( i )
Apatite |
Five percent of sale price
on ad valorem basis. |
|
(ii) Rock
Phosphate
(a) above 25 per
cent
P2O5 |
Eleven per cent of sale price on ad valorem basis
.
|
|
(b)upto 25
per cent
P2O5 |
Five per cent
of sale price on ad
valorem basis .
|
|
3.
Asbestos
(a)
Chrysotile |
Eight
hundred rupees per tonne. |
|
(b)
Amphibole |
Forty five
rupees per tonne. |
|
4.
Barytes |
Five and half
per cent of sale price
on ad valorem basis. |
|
5.Bauxite
and Laterite
|
(a) Zero
point four zero percent of London Metal Exchange Aluminium metal
price chargeable on the contained aluminium metal in ore produced
for those despatched
for use in alumina and aluminium metal
extraction.
(b) Twenty
percent of sale price on
ad valorem basis for those despatched for use other than alumina and
aluminium metal extraction and
for export |
|
6.Brown
Ilmenite (Leucoxene), Ilmenite,Rutile and Zircon |
Two per cent
of sale price on ad
valorem basis.
|
|
7. Cadmium
|
Ten per cent
of sale price on ad
valorem basis.
|
|
8. Calcite
|
Fifteen per
cent of sale price on
ad valorem basis. |
|
9. China
clay/Kaolin : (including ball clay, white shale and white
clay)
(a)
Crude
|
Twenty three rupees per tonne. |
|
(b)
Processed
(including washed) |
Eighty five
rupees per tonne.
|
|
10.
Chromite
|
Seven and half per cent of sale price on ad valorem
basis.
|
|
11. Coal
(including Lignite)
|
*
|
|
12. Copper
|
Three point
two per cent of London Metal Exchange Copper metal price chargeable
on the contained copper metal in ore produced. |
|
13.
Corundum |
Ten per cent
of sale price on ad
valorem basis. |
|
14.
Diamond
|
Ten per cent
of sale price on ad
valorem basis.
|
|
15.Dolomite
|
Forty five
rupees per tonne. |
|
16.
Felspar
|
Ten per cent
of sale price on ad
valorem basis.
|
|
17. Fire
Clay Including plastic,
pipe, lithomargic and natural pozzolanic clay) |
Twelve per
cent of sale price on
ad valorem basis. |
|
18. Fluorspar
(also called fluorite)
|
Five per cent
of sale price on ad
valorem basis. |
|
19. Garnet
: (a) Abrasive
(b)
Gem
|
Three per
cent of sale price on
ad valorem basis.
Ten
per cent of sale price
on ad valorem basis. |
|
20. Gold
:
(a) Primary
(b)
By-product gold
|
One and half
per cent of London Bullion Market Association
Price(commonly referred
to as "London Price")
chargeable on the
contained gold metal
in ore produced.
Two and half
per cent of London
Bullion Market Association Price( commonly referred to as "London Price") chargeable
on the by product gold
metal actually
produced.
|
|
21. Graphite
(a) with 80 per
cent or more fixed carbon |
Two hundred
and twenty five rupees per tonne |
|
(b) with 40 per
cent or more fixed carbon but less than
80 percent fixed carbon |
One hundred
and thirty rupees per tonne |
|
(c) with less
than 40 percent fixed
carbon |
Fifty rupees
per tonne.
|
|
22.
Gypsum |
Twenty per
cent of sale price on
ad valorem basis. |
|
23. Iron
ore:
(i)
Lumps:
(a)with
65 percent Fe content or
more |
Twenty
seven rupees per
tonne
|
|
( b) with 62
percent Fe content or more but less than 65 per cent Fe
content
|
Sixteen rupees per
tonne.
|
|
(c) with less
than 62 per cent Fe content |
Eleven rupees per tonne.
|
|
(ii)
Fines:
(a)
With 65 per cent Fe content or
more
(b)
With 62 per cent Fe content or more but less than 65 per cent Fe
content
(c) with less
than 62 per cent Fe content |
Nineteen rupees per tonne .
Eleven rupees per
tonne.
Eight rupees per tonne .
|
|
(iii)
Concentrates prepared by beneficiation and/or concentration of low
grade ore containing 40 per cent Fe or less |
Four rupees per tonne.
|
|
24.
Kyanite |
Ten per cent
of sale price on ad
valorem basis. |
|
25.
Lead
|
Five per cent
of London Metal Exchange lead metal price chargeable on the
contained lead metal in ore produced |
|
26. Limestone
(a) L.D. Grade (less than
one and half per cent silica content) |
Fifty five
rupees per tonne. |
|
(b)
Others
|
Forty five
rupees per
tonne.
|
|
27. Lime
Kankar
|
Forty five
rupees per tonne. |
|
28.
Limeshell
|
Forty five
rupees per tonne.
|
|
29.
Magnesite
|
Three per
cent of sale price on
ad valorem basis. |
|
30. Manganese
Ore
(a) Ore of
all grades
|
Three per cent of sale price on ad valorem
basis.
|
|
(b)
Concentrates
|
One per cent
of sale price on ad
valorem basis.
|
|
31. Crude
Mica, Waste Mica and Scrap Mica |
Four per cent
of sale price on ad
valorem basis. |
|
32.
Monazite
|
One hundred
and twenty five rupees per tonne. |
|
33. Nickel
|
Zero point
one two percent of London Metal Exchange nickel metal price
chargeable on contained nickel metal in ore produced. |
|
34.
Ochre
|
Fifteen rupees per
tonne.
|
|
35.
Pyrites
|
Two per cent
of sale price on ad
valorem basis.
|
|
36.
Pyrophyllite |
Fifteen per
cent of sale price on
ad valorem basis |
|
37. Quartz,
Silica sand, Moulding sand and Quartzite |
Twenty rupees per tonne.
|
|
38.
Ruby
|
Ten per cent
of sale price on ad
valorem basis.
|
|
39. Sand for
stowing
|
**
|
|
40.
Selenite
|
Ten per cent
of sale price on ad
valorem basis.
|
|
41.
Sillimanite |
Two and half
per cent of sale price
on ad valorem basis. |
|
42. Silver
:
a)
By -product
(b) Primary silver |
Five per cent
of London Metal
Exchange Price chargeable on by product silver metal
actually produced.
Five
per cent of London Metal Exchange silver metal
price chargeable on the
contained silver metal in
ore produced.
|
|
43.
Slate
|
Forty five
rupees per tonne. |
|
44. Talc,
Steatite and Soapstone
|
Fifteen per
cent of sale price on
ad valorem basis. |
|
45.
Tin |
Five per cent
of London Metal Exchange tin metal price chargeable on the contained
tin metal in ore produced. |
|
46. Tungsten
|
Twenty rupees
per unit per cent of contained WO3 per tonne of ore and
on pro rata basis.
|
|
47.
Uranium |
Five rupees
(for dry ore with U3O8 content of zero point
zero five per cent with
pro rata increase/ decrease at the rate of one rupee and fifty
paise per metric tonne
of ore for zero point zero one per cent increase/decrease ).
|
|
48.
Vermiculite
|
Three per
cent of sale price on
ad valorem basis. |
|
49.
Wollastonite
|
Ten per cent
of sale price on ad
valorem basis.
|
|
50.
Zinc |
Six point six
per cent of London Metal Exchange zinc metal price on ad valorem basis
chargeable on contained zinc
metal in ore produced. |
|
51. All other
minerals not here-in-before specified[Clay (Others), Chalk,
Diaspore, Dunite, Felsite, Fuschite, Quartzite, Jasper, Perlite,Rock
Salt, Shale, Pyroxenite, etc.] |
Ten per cent
of sale price on ad
valorem basis.
|
*. Rates of royalty in respect of
item No. 11 relating to Coal
including Lignite as revised
vide notification number G.S.R. 572
(E), dated the 16th August, 2002, of the Government of India in the
Department of Coal shall remain in force until revised through a separate
notification by the Department of Coal.
**. Rates of royalty in
respect of item No.39 relating to Sand For Stowing as revised vide
notification number G.S.R. 214(E), dated the 11th April, 1997,
will remain in force until revised through a separate notification by the
Department of Coal.
Note : The rates of royalty for the State of
West Bengal in respect of the minerals except the mineral
specified against item No.11 shall remain the same as specified in the
notification of the Government of India in the Ministry of Steel and Mines
(Department of Mines) number G.S.R. 458 (E), dated the 5th
May,1987..
(F. No. 3/1/2002-MVI)
(PRASHANT MEHTA)
JOINT SECRETARY TO
GOVERNMENT OF INDIA
Note
: The Second Schedule to the Mines and Minerals
(Development and Regulation)Act, 1957 was amended earlier vide
notification numbers.:-
1.
GSR No. 175(E) dated 31st March, 1975
- GSR No.
407(E) dated 14th July, 1975.
- GSR No. 584(E)
dated 13th December, 1975.
- GSR No. 321(E)
dated 12th June, 1978.
- GSR No. 2(E)
dated 1st January, 1979.
- GSR No. 67(E)
dated 13th February, 1979.
- GSR No. 63(E)
dated 12th February, 1981.
- GSR No. 449(E)
dated 23rd July, 1981.
- GSR No. 458(E)
dated 5th May, 1987.
- GSR No. 856(E)
dated 14th October, 1987.
- GSR No. 516(E)
dated 1st August, 1991.
- GSR No. 100(E)
dated 17th February, 1992.
- GSR No. 748(E)
dated 11th October, 1994.
- GSR No. 27(E)
dated 13th January, 1995.
- GSR No. 214(E) dated 11th April, 1997.
- GSR No. 713(E) dated 12th September
2000.
- GSR No. 187(E) dated 15th March, 2001.
- GSR.No.572(E) dated 16th August, 2002.
___________________________________________________________________________
THE THIRD SCHEDULE
(See section
9A)
RATES OF DEAD
RENT
New Delhi,
the 14th October,
2004
G.S.R.678(E).- In
exercise of the powers conferred by sub-section (2) of section 9A of the
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957),
the Central Government hereby makes with immediate effect, the following
amendments to the Third Schedule to the said Act, namely
:-
In the Mines and
Minerals (Development and Regulation) Act, 1957, for the Third Schedule,
the following Schedule shall be substituted, namely :-
(APPLICABLE FOR
ALL STATES AND UNION TERRITORIES EXCEPT THE STATE OF WEST BENGAL)
1.
Rate of dead rent
applicable to the leases
granted for low value minerals are as under:
Rates of Dead Rent in Rupees per Hectare Per
annum
|
First two years of lease
|
3rd year onwards
|
|
100/-
|
400/-
|
2.
Two times the rate specified under (1) above in case of lease granted for medium value
mineral(s).
3.
Three times the rates specified under (1) above in case of lease
granted for high value
mineral(s).
4.
Four times the rates specified under (1) above in case of lease granted for
precious metals and
stones.
Note: 1. For the purpose of this notification,-
(a)
"precious metals
and stones" means
gold, silver, diamond, ruby,
sapphire and emerald, alexandrite and opal;+
(b). "high value minerals"
means semi-precious stones (agate, gem garnet), corundum, copper, lead,
zinc, asbestos (chrysotile variety) and mica;
(c).
medium value minerals" means chromite, manganese ore, kyanite,
sillimanite,
vermiculite, magnesite,
wollastonite, perlite, diaspore, apatite, rock phosphate,
fluorite
(fluorspar) and barytes ;
(d) "
low value minerals"
means minerals
other than precious metals and stones, high value minerals and medium value
minerals;
2. The rates
of dead rent for the State of West Bengal shall remain the same as
specified in the notification of the Government of India in the Ministry
of Steel and Mines (Department of Mines) No. G.S.R. 458(E), dated the 5th
May, 1987..
(F. No.
3/1/2002-MVI)
(PRASHANT MEHTA)
JOINT SECRETARY TO
THE GOVT. OF INDIA.
Note
: The Third Schedule to the Mines and Minerals (Development
and Regulation) Act, 1957 was amended earlier, vide notification
numbers:-
1.
GSR No. 458(E), dated 5th May, 1987.
2.
GSR No. 856(E), dated 14th October, 1987.
3.
GSR No. 214(E), dated 11th April, 1997.
4.
GSR No.
714(E) , dated
12th September,2000
___________________________________________________________________________
|