(1)This Act may be called the Mines and Minerals 1 (Development and Regulation) Act, 1957.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
30-11-2017 | The Mineral (Auction) Amendment Rules, 2017 | |||
18-06-2021 | Minerals (Evidence of Mineral Contents) Amendment Rules, 2021 | |||
21-01-2024 | the Mineral (Auction) Amendment Rules, 2024. |
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 hereinafter provided.
In this Act, unless the context otherwise requires,--
(1) 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 a reconnaissance permit or of a prospecting licence 2[or of a exploration licence] or, as the case may be, of a mining lease, granted under this Act and the rules made thereunder]:
1[ 2[4A.Termination of prospecting licences, exploration licences or mining leases.]--(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 a 3[prospecting licence or exploration 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 3[prospecting licence or exploration licence] or mining lease with respect to the area or any part thereof.
1[4B. Conditions for efficiency in production-- Notwithstanding anything contained in section 4A, the Central Government may, in the interest of maintaining sustained production of minerals in the country, prescribe such conditions as may be necessary for commencement and continuation of production by the holders of mining leases who have acquired rights, approvals, clearances and the like under section 8B.]
1[ 2[ 5. Restrictions on the grant of mineral concession.] -- 3[(1) A State Government shall not grant a 4[mineral concession] to any person unless such person--
1[ 6. Maximum area for which mineral concession may be granted.] --2[(1) No person shall acquire 3*** in respect of any mineral or prescribed group of associated minerals 4[in a State]--
1[7. Periods for which prospecting licences may be granted or renewed.--(1) The period for which 2[a reconnaissance permit or prospecting licence] may be granted shall not exceed three years.
1[8. Periods for which mining leases may be granted or renewed.--(1) The provisions of this section shall apply to minerals specified in Part A of the First Schedule.
1[8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals.--(1) The provisions of this section shall apply to minerals other than those specified in Part A and Part B of the First Schedule.
1[8B. Provisions for period and transfer of statutory clearances.--(1) Notwithstanding anything contained in this Act or any other law for the time being in force, all valid rights, approvals, clearances, licences and the like grantedto a lessee in respect of a mine (other than those granted under the provisions of theAtomic Energy Act, 1962 (33 of 1962) and the rules made thereunder) shall continue to be valid even after expiry or termination of lease and such rights, approvals, clearances, licences and the like shall be transferred to, and vested; subject to the conditions provided under such laws; in the successful bidder of the mining lease selected through auction under this Act:
(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 1[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.
1[9A. Dead rent to be paid by the lessee.--(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 lime 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:
1[9B. District Mineral Foundation.--(1) In any district affected by mining related operations, the State Government shall, by notification, establish a trust, as a non-profit body, to be called the District Mineral Foundation.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
17-09-2015 | The Mines and Minerals (Contribution to DMF) Rules, 2015 | |||
20-10-2015 | The Mines and Minerals (contribution to DMF), Rules, 2015 | |||
25-06-2021 | Mines and Minerals (Contribution to District Mineral Foundation) Amendment Rules, 2021 |
1[9C. National Mineral Exploration Trust.--(1) The Central Government shall, by notification, establish a Trust, as a 2[non-profit autonomous body], to be called the National Mineral Exploration Trust.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
14-08-2015 | NMET Rules,2015 |
10. 1[Application for mineral concession.]---(1) An application for 2[a 3[mineral concession]] 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.
1[10A. Rights of existing concession holders and applicants.--(1) All applications received prior to the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall become ineligible.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
03-06-2022 | Reimbursement of Exploration Expenditure Rules, 2022 |
1[10B. Grant of mining lease in respect of notified minerals through auction.-- 2[(1) The provisions of this section shall not apply to the,--
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
02-11-2021 | Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession (Fourth Amendment) Rules, 2021 |
10C. [Grant of non-exclusive reconnaissance permits.] Omitted by the Mines and Minerals (Development and Regulation) Amendment Act, 2021, s. 16 (w.e.f. 28-3-2021).
1[11. Grant of 2[composite licence] through auction in respect of minerals other than notified minerals.-- 3[(1) The provisions of this section shall not apply to the,--
2[11A. Granting of 1[mineral concession] 3[or 4[composite licence] in respect of coal or lignite].--(1) Notwithstanding anything contained in this Act, the Central Government may, for the purpose of granting 1[mineral concession] 5[or 4[composite licence] in respect of coal or lignite] select any of the following companies through auction by competitive bidding, on such terms and conditions as may be prescribed, namely: --
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
13-07-2017 | Coal Blocks Allocation Rules, 2017 |
1[11B. Power of Central Government to make rules for regulating atomic minerals specified under Part B of First Schedule.--The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of mining leases or other mineral concessions in respect of minerals specified in Part B of the First Schedule and for purposes connected therewith, and the State Government shall grant a 2[mineral concession] in respect of any such mineral in accordance with such rules.]
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
11-07-2016 | The Atomic Minerals Concession Rules, 2016 |
1[11C. Power of Central Government to amend First Schedule and Fourth Schedule.--The Central Government may, by notification in the Official Gazette, amend the First Schedule and the Fourth Schedule so as to add or delete any mineral as may be specified in the notification.]
12. 1[Registers of mineral concession.]--(1) The State Government shall cause to be maintained in the prescribed form--
1[12A. Transfer of mineral concessions.--(1) The provisions of this section shall not apply to minerals specified in Part A or Part B of the First Schedule.
(1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 1[mineral concession] in respect of minerals and for purposes connected therewith.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
17-04-2015 | Minerals(EvidenceofContents)Rules,2015 | |||
20-05-2015 | Mineral (Auction) Rules., 2015 | |||
14-08-2015 | NMET Rules,2015 | |||
11-07-2016 | The Atomic Minerals Concession Rules, 2016 | |||
13-07-2017 | Coal Blocks Allocation Rules, 2017 | |||
30-11-2017 | The Mineral (Auction) Amendment Rules, 2017 | |||
20-09-2019 | the Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession (Amendment) Rules, 2019. | |||
20-03-2020 | Minerals (Other than Atomic and Hydro Carbons Energy Minerals ) Concessions (Amendment) Rules, 2020 | |||
20-03-2020 | The Mineral (Auction) Amendment Rules, 2020 | |||
08-04-2021 | Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession (Second Amendment) Rules, 2021 | |||
10-06-2021 | Minerals (Other than Atomic and Hydro Carbons Energy Minerals Concession) (Third Amendment) Rules, 2021 | |||
18-06-2021 | Minerals (Evidence of Mineral Contents) Amendment Rules, 2021 | |||
18-06-2021 | Mineral (Auction) Second Amendment Rules, 2021 | |||
02-11-2021 | Minerals (Other than Atomic and Hydro Carbons Energy Mineral) Concession (Fourth Amendment) Rules, 2021 | |||
02-11-2021 | Mineral (Auction) Third Amendment Rules, 2021 | |||
03-06-2022 | Reimbursement of Exploration Expenditure Rules, 2022 |
1[13A. 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.--(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.
14. 2[Sections 5 to 13] not to apply to minor minerals.--The provisions of 1[sections 5 to 13] (inclusive) shall not apply to 3[quarry leases, mining leases or other mineral concessions] in respect of minor minerals.
(1) The State Government may, by notification in the Official Gazette, make rules for, regulating the grant of 1[quarry leases, mining leases or other mineral concessions] in respect of minor minerals and for purposes connected therewith.
1[15A. Power of State Government to collect funds for District Mineral Foundation in case of minor minerals.--The State Government may prescribe the payment by all holders of concessions related to minor minerals of amounts to the District Mineral Foundation of the district in which the mining operations are carried on.]
1[(1) (a) All mining leases granted before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972) 2[if in force at the date of commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1994 (25 of 1994), shall be brought in conformity with the provisions of this Act and the rules made thereunder within two years from the date of the 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.
(1) The provisions of this section shall apply 1*** in respect of land in which the minerals vest in the Government of a State 2[or any other person].
1[17A. Reservation of areas for purposes of conservation.--(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 2[or exploration 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.
(1) It shall be the duty of the Central Government to take all such steps as may be necessary 1 [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 2 [for such purposes] the Central Government may, by notification in the Official Gazette, make such rules as it thinks fit.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
01-06-1999 | Granite Conservation and Development Rules, 1999 | |||
15-05-2002 | Marble Development and Conservation Rules, 2002 | |||
25-08-2004 | The Colliery Control Rules, 2004 | |||
27-02-2017 | MCDR,2017 | |||
13-08-2019 | Mineral Conservation and Development (Amendment) Rules, 2019. |
1[18A. Power to authorise Geological Survey of India, etc., to make investigation.--(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 2[or exploration 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:
19. 1[Mineral concession to be void if in contravention of Act.]--Any 2[mineral concession] 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.
The provisions of this Act and the 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.
1[20A. Power of Central Government to issue directions.--(1) Notwithstanding anything contained in this Act, the Central Government may issue such directions to the State Governments, as may be required for the conservation of mineral resources, or on any policy matter in the national interest, and for the scientific and sustainable development and exploitation of mineral resources.
1[(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area.
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
15-05-2002 | Marble Development and Conservation Rules, 2002 |
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.
(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:
1[23A. Compounding of offences.--(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:
1[23B. Power to search.--If any gazetted officer of the Central or a State Government authorised by the Central Government 2[or a State Government, as the case may be,] in this behalf by genera! 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 2[or vehicle], he may search for such mineral, document or thing and the provisions of section 100 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every such search.]
1[23C. Power of State Government to make rules for preventing illegal mining, transportation and storage of minerals.--(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.
(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 1[Central Government or a State Government] in this behalf, by general 2*** order, may--
1[24A. 2[Rights and liabilities of a holder of mineral concession.[--(1) On the issue of a 3[mineral concession] under this Act and the rules made thereunder, it shall be lawful for the 4[holder of such permit, licence or lease], his agents or his servants or workmen to enter the lands over which 5[such permit, lease or licence had been granted] at all times during its currency and carry out all such 6[reconnaissance, prospecting or mining operations] as may be prescribed:
1[(1)] Any rent, royally, 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 2[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.
(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--
Year | Description | Hindi Description | Files(Eng) | Files(Hindi) |
---|---|---|---|---|
15-05-2002 | Marble Development and Conservation Rules, 2002 |
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.
1[(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 form 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.]
All rules made or purporting to have been made under the Mines and Minerals (Regulation and Development) Act, 1948 (53 of 1948), shall, insofar 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.
1[30. Power of revision by Central Government.--The Central Government may, of its own motion or on an application made within the prescribed time by an aggrieved party,--
1[30A. Special provisions relating to mining leases for coal granted before 25th October, 1949.--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, 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.]
1[30B. Constitution of Special Courts.--(1) The State Government may, for the purposes of providing speedy trial of offences for contravention of the provisions of sub-section (1) or sub-section (1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.
1[30C. Special Courts to have powers of Court of Session.--Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to the proceedings before the Special Court and for the purpose of the provisions of this Act, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of Session and the person conducting a prosecution before the Special Court shall be deemed to be a public prosecutor.]
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 1[mineral concession], 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.
[Amendments to Act 53 of 1948].--Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 26-12-1960).
All acts of executive authority done, proceedings taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 1948 (53 of 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.