MINES AND MINERALS DEVELOPMENT AND REGULATION ACT, 1957
(1) This Act may be called the Mines and Minerals 1[(Development and Regulation)] Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Subs. by Act 38 of 1999, sec. 3, for “(Regulation and Development)” (w.e.f. 18-12-1999).
2. Came into force on 1-6-1958, vide G.S.R. 432, dated 29th May, 1958, published in the Gazette of India, Extra. Pt. II, Sec. 3(i), p. 225.
Section 1 of the Mines and Minerals (Development and Regulation) Act, 1957, primarily establishes the title and scope of the Act, laying down its territorial and subject extent. It provides the legal foundation for regulating mining activities in India, under the overarching framework of mineral development, environmental protection, and resource management.
Section 1 specifies the title of the Act ("The Mines and Minerals (Development and Regulation) Act, 1957") and delineates its territorial jurisdiction (the entire Union of India) and subject matter scope (regulation of mines and minerals, excluding petroleum and natural gas unless specifically included). It also states the commencement date and the extent of application.
Section 1 itself does not prescribe any punishments; it functions as a foundational provision. Punishments for violations of the Act are detailed in subsequent sections, notably Sections 21 and 22, which prescribe penalties for contraventions such as illegal mining, unauthorized prospecting, or breach of licensing conditions.
Section 1 of the Mines and Minerals (Development and Regulation) Act, 1957, is a crucial provision that defines the scope, jurisdiction, and legal foundation for mineral regulation in India. It ensures a centralized, uniform framework for sustainable mineral development, while explicitly excluding petroleum and natural gas, which are governed by separate laws.
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,—
(a) “minerals” includes all minerals except mineral oils;
(b) “mineral oils” includes natural gas and petroleum;
(c) “mining lease” means a lease granted for the purpose of undertaking mining operations, and includes a sub-lease granted for such purpose;
(d) “mining operations” means any operations undertaken for the purpose of winning any mineral;
(e) “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;
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(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 or, as the case may be, of 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 terms and conditions of a prospecting licence or mining lease granted before the commencement of this Act which is in force at such commencement:
2[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, 3[the Atomic Minerals Directorate for Exploration and Research] of the Department of
(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 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.
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2[(1) A State Government shall not grant a 3[reconnaissance permit, prospecting licence or mining lease] to any person unless such person—
(a) is an Indian national, or a company as defined in sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956); and
(b) satisfies such conditions as may be prescribed:
Provided that in respect of any mineral specified in the First Schedule, no 4[reconnaissance permit, prospecting licence or mining lease] shall be granted except with the previous approval of the Central Government.
Explanation.—For the purposes of this sub-section, a person shall be deemed to be an Indian national,—
(a) in the case of a firm or other association
1[(1) No person shall acquire 2[***] in respect of any mineral or prescribed group of associated minerals 3[in a State]—
(a) one or more prospecting licences covering a total area of more than twenty-five square kilometres; or
3[(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
(1) The period for which 2[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 3[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.]
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1[2[(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 3[a period not exceeding twenty years].]
4[***]
5[(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) Notwithst
(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.
(2) The holder of a mining lease granted on or after the commencement of this Act shall pay royalty in respect of any 2[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.
2[(2A) The holder of a mining lease, whether granted before
(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 th
(1) An application for 1[a reconnaissance permit, prospecting licence or 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 acknowledgment 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 2[permit, licence or lease].
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1. Subs. by Act 38 of 1999, sec. 11, for “a prospecting licence or a mining le
(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 perferential 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
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(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 licensees;
1[(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 o
Here is a legal commentary on Section 12 of the Mines and Minerals (Development and Regulation) Act, 1957, based on a review of the provided sources.
Important Note on Source Material: The provided sources contain extensive case law and legal analysis for several other Acts enacted in 1957, specifically the Karnataka Sales Tax Act, 1957, the Karnataka Motor Vehicles Taxation Act, 1957, and the Delhi Development Act, 1957. They do not contain specific judicial interpretations, case law, or detailed legal analysis of Section 12 of the Mines and Minerals Development and Regulation Act, 1957. Therefore, the following commentary on the MMDR Act is derived from the general text of the Act found within the sources, while the "Legal Comments" section is constructed from the provided commentaries on other Acts of the same vintage, as these are the available sources.
The Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is the primary central legislation governing the regulation of mines and the development of minerals in India [source CALICUT TRADING CO. VS DEPUTY COMMISSIONER OF COMMERCIAL TAXES, INTELLIGENCE, MYSORE ZONE, MYSORE - 1997 0 Supreme(Kar) 535 abstract]. Section 12 of the Act pertains to the maintenance of registers regarding prospecting licences and mining leases.
Based on the general description from the provided texts, Section 12 of the MMDR Act mandates the maintenance of registers of prospecting licences or mining leases [source ]. This administrative section ensures proper record-keeping of all granted licenses and leases under the Act.
The essential ingredients for compliance with Section 12 are implied by its nature as a record-keeping provision:1. Licence/Lease Issuance: The grant of a prospecting licence or a mining lease by the competent authority.2. Maintenance of Register: The legal obligation of the licensing authority to maintain a structured register.3. Recording Details: The accurate recording of details related to each licence or lease, likely including the holder's name, area, mineral, and term.
The section applies to all substances classified as minerals or minor minerals for the purpose of regulation under the Act. It delineates the administrative framework for tracking and managing the rights granted under the Act [source ].
The provided sources do not prescribe a specific punishment for a violation of Section 12 (the register-maintaining section) itself. The sources do, however, detail severe punishments for broader violations under the Act, such as illegal mining under Section 21. Under Section 21, engaging in mining without lawful authority is punishable with imprisonment for a term which may extend to five years and with a fine which may extend to five lakh rupees per hectare of the area [source ]. This punishment applies where the minerals are not naturally in or under any land, or for other specific violations.
(The following bullet points are drawn from legal commentaries on analogous sections of other Acts from 1957, applying relevant legal principles by inference.)
(1) The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of 1[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:—
(a) the person by whom, and the manner in which, applications for 2[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;
(b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent;
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(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:—
(a) the conditions, limitations and restrictions subject to which such prospecting licences or mining leases may be granted;
(b) regulation of exploration and exploitation of minerals within the territorial waters or the continental shelf of India;
(c) ensuring that such exploration or exploitation does not interfere with navigation; and<
The provisions of 1[sections 5 to 13] (inclusive) shall not apply to 2[quarry leases, mining leases or other mineral concessions] in respect of minor minerals.
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1. Subs. by Act 37 of 1986, sec. 12, for “sections 4 to 13” (w.e.f. 10-2-1987).
2. Subs. by Act 56 of 1972, sec. 7, for “prospecting licences and mining leases” (w.e.f. 12-9-1972).
(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.
2[(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:—
(a) 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;
(b) the time within which, and the form in which, acknowledgement of the receipt of any such applications may be sent;
(c) the matters which may be considered where
1[(1) (a) All mining leases granted before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 2[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 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.
(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
(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].
(2) Notwithstanding anything contained in this Act, the Central Government, after consultation with the State Government, may undertake 3[reconnaissance, prospecting or mining operations] in any area not already held under any 4[reconnaissance permit, prospecting licence or mining lease] and where it proposes to do so, it shall, by notification in the Official Gazette—
(a) specify the boundaries of such area;
(b) state whether 3[reconnaissance, prospecting or mining operations] will be carried out in the area; and
(c) specify the mineral or minerals in respect of which
(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.
2[(1A) The Central Government may in consultation with the 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.]
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(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.
(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:—
(a) the opening of new mines and the regulation of mining operations in any area;
(b) the regulation of the excavation or collection of minerals from any mine;
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(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 investigation 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-s
Any1[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 one1[reconnaissance permit, prospecting licence or mining lease]2[***] and the aggregate area covered by such3[permits, licences or leases], as the case may be, exceeds the maximum area permissible under section 6, only that1[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.
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1. Substituted by Act 38 of 1999, section. 16, for "prospecting licence or mining lease" w.e.f. 18-12-1999.
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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[(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 may provide that any contravention thereof shall be punishable 2[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 a continuing contravention, with an additional fine which may extend to 3[five hundered rupees] for every day during which such contravention continues after conviction for the first such contravention.
4[(3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may
Section 21 of the Mines and Minerals (Development and Regulation) (MMDR) Act, 1957, is a key penal provision aimed at regulating illegal mining activities and ensuring compliance with statutory norms. It prescribes penalties, seizure, confiscation, and prosecution procedures related to violations of mineral laws, playing a vital role in maintaining lawful mining operations and environmental safeguards.
In summary, Section 21 of the MMDR Act, 1957, is a comprehensive penal provision designed to deter illegal mining activities through strict penalties, seizure, and confiscation mechanisms, with judicial oversight ensuring procedural fairness and adherence to legal standards. It interacts with various laws and emphasizes environmental protection, public health, and strict accountability of offenders.
Note: The references are based on the provided sources, primarily from legal judgments, interpretations, and legal commentary excerpts.
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.
Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) is a critical provision that governs the procedure for initiating criminal proceedings related to offences under the Act. It emphasizes the importance of a complaint made by an authorized person before a court can take cognizance of offences, thereby establishing a safeguard against arbitrary prosecution and ensuring that only duly authorized complaints lead to legal action.
Section 22 states:"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 authorized in this behalf by the Central Government or the State Government."It explicitly bars courts from initiating proceedings based solely on police reports or FIRs unless a complaint from an authorized person is filed.
This concise legal commentary underscores the importance of procedural compliance under Section 22 of the MMDR Act, highlighting its role in safeguarding against unwarranted prosecutions and ensuring that only authorized complaints lead to criminal proceedings in mineral-related offences.
(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, m
(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.]
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 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 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.]
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1. Ins. by Act 25 of 1994, sec. 9 (w.e.f. 25-1-1994).
2. Ins. by Act 38 of 1999, sec. 18 (w.e.f. 18-12-1999).
(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:—
(a) establishment of check-posts for checking of minerals under transit;
(b) establishment of weigh-bridges to measure the quantity of mineral being transported;
(c) 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;<
(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—
(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 do
(1) On the issue of a 2[reconnaissance permit, prospecting licence or mining lease] under this Act and the rules made thereunder, it shall be lawful for the 3[holder of such permit, licence or lease], his agents or his servants or workmen to enter the lands over which 4[such permit, lease or licence had been granted] at all times during its currency and carry out all such 5[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 6[reconnaissance permit, prospecting licence or mining lease] referred to in sub-section (1) shall be lia
1[(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 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.
3[(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 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 if it were an arrear of land revenue and every such sum which becomes due to the Government after the comm
(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 off
Section 26 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) deals with the delegation of powers by the Central and State Governments concerning the grant, refusal, renewal, and determination of mining leases, as well as other statutory functions under the Act. It aims to streamline administrative processes by allowing certain powers to be exercised by officers or authorities subordinate to the Governments, subject to specific conditions and procedures.
This concise legal commentary underscores the importance of strict adherence to procedural norms, statutory limits, and principles of natural justice in the exercise of delegated powers under Section 26 of the MMDR Act. Unauthorized or improper delegation not only violates statutory provisions but also jeopardizes the legality of administrative actions related to mining leases.
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.]
(2) Without prejudice to the generality of the rule mak
All rules made or purporting to have been made under the Mines and Minerals (Regulation and Development) Act, 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.
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 1[with respect to any mineral other than a minor mineral].
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1. Ins. by Act 25 of 1994, sec. 11 (w.e.f. 25-1-1994).
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.]
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1. Ins. by Act 15 of 1958, sec. 2 (w.e.f. 15-5-1958).
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[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.
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1. Subs. by Act 38 of 1999, sec. 23, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
1[THE FIRST SCHEDULE
[See sections 4(3), 5(1), 7(2) and 8(2)]
PART A
Hydro carbons/energy minerals
1. Coal and lignite
PART B
Atomic minerals
1. Beryl and other beryllium bearing minerals.
2. Lithium-bearing minerals.
Section Schedule I of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) delineates the classification of minerals, providing a comprehensive list of minerals subject to regulation under the Act. It forms the basis for determining which minerals require licensing, prospecting, and mining permissions, and establishes the scope of the Act's applicability.
Section Sch.I enumerates the minerals classified under the Act, specifying items such as coal, iron ore, bauxite, fireclay, and others. It categorizes minerals into different items, with each item representing a specific mineral or mineral group, thereby defining the scope of regulation and licensing requirements for each.
Note: The references are based on the provided sources, with emphasis on the legal provisions and interpretations relevant to Section Sch.I of the Mines and Minerals (Development and Regulation) Act, 1957.
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