An Act to provide for the *[development and regulation of mines and minerals] under the control of the Union. Be it enacted by Parliament in the Eight year of the Republic of India as follows:

Read full Act

S.14 Sections 5 to 13 not to apply to minor minerals

Sections 5 to 13 not to apply to minor minerals:-- 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.

S.15 Power of State Governments to make rules in respect of minor minerals

Power of State Governments to make rules in respect of minor minerals:-- (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.

*[(1-A) 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, application for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor:-

S.16 Power to modify mining lease granted before 25th October, 1949

Power to modify mining lease granted before 25th October, 1949:-- (1) (a) All mining leases granted before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972, (56 of 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 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 b

S.17 Special powers of Central Government to undertake prospecting or mining operations in certain lands

Special powers of Central Government to undertake prospecting or mining operations in certain cases

Special powers of Central Government to undertake prospecting or mining operations in certain lands: -- (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,

S.17-A Reservation of area for purposes of conservation

*[Reservation of area 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 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 the State Government, reserve any area not already held under any prospecting licence or mining lease, for undertaking prospecting or m

S.18 Mineral Development

Mineral Development :-- (1) It shall be the duty of the Central Government to take all such steps as may be necessary 2[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 think 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,

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 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 of minin

S.19 Prospecting licences and mining leases to be void if in contravention of Act

Miscellaneous

Prospecting licences and mining leases to be void if in contravention of Act:-- 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] *[x x x] and the aggregate area covered by such Act and rules to apply to all renewals of prospecting licences and mining leases:-- 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 .

S.21 Penalties

Penalties :-- *[(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 rules made under any provision of this Act may 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 a continuing contravention, with an additional fine which may e

S.22 Cognizance of offences

Cognizance of offences :-- 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.

S.23 Offences by companies

Offences by companies :-- (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), w

S.23-A Compounding of offences

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 of that offence, on payment to that person, for credit to the Government, of such sum as that 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.

S.23-B Power to search

*[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 the 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 (No 2 of 1974) shall apply to every such search.]

S.23-C Power of State Government to make rules for preventing illegal mining, transportation and storage of minerals

*[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.

(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

S.24 Power of entry and inspection

Power of entry and inspection:-- (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 *[x x x] 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 stock of minerals lying at any mine;

*[Rights and liabilities of a holder of prospecting licence or mining lease :-- (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] at all times during its currency and carry out all such *[reconnaissance, prospecting

S.25 Recovery of certain sums as arrears of land revenue

Recovery of certain sums as arrears of land revenue:-- (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 *[reconnaissanc

S.26 Delegation of powers

Delegation of powers:-- (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 suc

S.27 Protection of action taken in good faith

Protection of action taken in good faith:-- 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.

S.28 Rules and notifications to be laid before Parliament and certain rules to be approved by Parliament

Rules and notifications to be laid before Parliament and certain rules to be approved by Parliament:-- (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 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 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

S.29 Existing rules to continue

Existing rules to continue:-- 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.

S.30 Power of revision of Central Government

Power of revision of Central Government :-- 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 of any mineral other than a minor mineral].

S.30-A Special provisions relating to mining leases for coal granted before 25th October, 1949

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 of 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.

S.31 Relaxation of rules in special cases

Relaxation of rules in special cases :-- 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.

S.32 Amendments to Act 53 of 1948

Amendments to Act 53 of 1948. Rep. by the Repealing and Amending Act, 1960 (58 of 1960), Section 2 and Sch. I.

S.33 Validation of certain acts and indemnity

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, (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 or 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 gro

S.1 Short title, extent and commencement

Preliminary

Short title, extent and commencement :-- (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.

S.2 Declaration as to expediency of Union control

Declaration as to expediency of Union control :- 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.

S.3 Definitions

Definitions :-- In this Act, unless the context otherwise requires -

(a)"minerals" include all minerals except mineral oils;

(b)"mineral oils" include 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;

(c) "mining operation" means any operation 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

S.4 Prospecting or mining operations to be under licence or lease

General restrictions on undertaking prospecting and mining operations

Prospecting or mining operations to be under licence or lease :-- (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 be

S.4-A Termination of prospecting licences or mining leases

*[Termination of prospecting licences or mining leases :-- (1) Where the Central Government, after consulatation 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

S.5 Restrictions on the grant of prospecting licences or mining leases

Restrictions on the grant of prospecting licences or mining leases :-- *[(1) A State Government shall not grant a *[ 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; and

(b) satisfies such conditions as may be prescribed:

Provided that in respect of any mineral specified in the First Schedule, no *[reconnaissance permit, prospecting licence or mining l

S.6 Maximum are for which a prospecting licence or mining lease may be granted

Maximum are for which a prospecting licence or mining lease may be granted:-- (1) No person shall acquire *[ x x x] 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 kilometers; or *[(aa) one or more reconnaissance permit covering a total area of ten thousand square kilometers:

Provided that the area granted under a single reconnaissance permit shall not exceed five thousand square kilometres; or]

S.7 Periods for which prospecting licences may be granted or renewed

Periods for which prospecting licences may be granted or renewed:-- *[(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

S.8 Period for which mining leases may be granted or renewed

Period for which mining leases may be granted or renewed :-- *[(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 of less than twenty years.]

(2) A mining lease may be renewed for *[a period not exceeding twenty years]:

*[x x x]

*[ (3) Notwithstanding anything contained in sub-sectio

S.9 Royalties in respect of mining leases

Royalties in respect of mining leases :-- (1) The holder of a mining lease granted before the commencement of this Act shall, notwithstanding anything contained in 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 the 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 ti

S.9-A Dead rent to be paid by the lessee

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, (56 of 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

S.10 Application for prospecting licences or mining leases

Application for prospecting licences or mining leases:-- (1) An application for *[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 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 r

S.11 Preferential right of certain persons

*[Preferential right of certain persons:-- (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

S.11-A Procedure in respect of coal or lignite

*[Procedure in respect of coal or lignite :- The Central Government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of an area containing coal or lignite, select through auction by competitive bidding on such terms and conditions as may be prescribed, a company engaged in,-

(i) production of iron and steel;

(ii) generation of power;

(iii) washing of coal obtained from a mine; or

(iv) such other end use as the Central Government may, by notification in the Official Gazette, specify,

and the S

S.12 Registers of prospecting licences and mining leases

Registers of prospecting licences and mining leases:--

(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;]

Power of Central Government to make rules in respect of minerals:-- (1) The Central Government may, be 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:--

(a) the person by whom, and the manner in which, applications for 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.

(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;

Read more document