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[(a) "leased area" means the area specified in the mining lease within which mining operations can be undertaken and includes the non-mineralized area required and approved for the activities falling under the definition of mine as referred to in clause (i); (aa) "minerals" includes all minerals except mineral oils;]. - (1) This Act may be called The Mines and Minerals [(Development and Regulation)] Act, 1957. register of applications for prospecting licences; (b) a 25. on ad valorem basis chargeable on contained zinc metal in Copies of notices and returns to be maintained, 48. 18. Copies of notices and returns to be maintained, 42. Special powers of Central Government to undertake 67 of 1957) An Act to provide for the . 17. Storage of overburden, waste rock, etc, 32. such consumption by the workman does not exceed one-third of a tone per month]. The Central Government may by notification in the Official and collection of dead rent fines fees or other charges and the collection of (2) BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:― CHAPTER I PRELIMINARY 1. (b) where no such order has been made by the 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 within the time prescribed therefor, pass such order as it may think fit and appropriate in the circumstances: [See sections 4(3), 5(1), 7(2) and [8(1), 8A(1), 10A, 10B(1), 10C(1), 11(1), 11B, 11C, 12A(1), Explanation.- For the purposes of this Mines and Minerals (Regulation and Development) Amendment Act, 1958 (15 of 1958), Repealing and Amending Act, 1960 (58 of 1960), Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972), Mines and Minerals (Regulation and Development) Amendment Act, 1986 (37 of 1986), Goa, Daman and Diu Mining Concessions (Abolition and Declaration as Mining Leases) Act, 1987 (16 of 1987), Mines and Minerals (Regulation and Development) Amendment Act, 1994 (25 of 1994), Mines and Minerals (Regulation and Development) Amendment Act, 1999 (38 of 1999), Mines And Minerals (Development And Regulation) Amendment Act, 2010 (No. Mines and Mineral of mines and development of This act is applicable to all mineral except coal, minor minerals and atomic minerals. The Repealing and Amending Act, 1960 (58 of 1960). NEWDELHI; The 20th February, 2020.. Minimum and maximum area for grant of a mining lease, 10. Payment of compensation to owner of surface rights, etc. (a) 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; (b) for the payment of compensation to the lessee in respect of the reduction of any area covered by the existing mining lease; and. 67 OF 1957 [28 th December, 1957.] Short title, extent and commencement. (2) Any rule 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 two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention. 23. [4A. Period for which leases may be granted or renewed, 7. one or more prospecting licences covering a total area of more Preferential rights of certain persons, 37-A. UNDERTAKE PROSPECTING OR MINING OPERATIONS. Exchange Lead metal price chargeable on the contained lead metal Power of Central Government to make rules for regulating atomic minerals specified under Part B of First Schedule. Where an application is received under sub-section (1) there /or concentration of low grade ore containing 40% Fe or less, (a) Contained lead Exchange Aluminium metal price chargeable on the contained -- Pankaj Jain Capankajsmilyo 14:44, 4 March 2016 (UTC) Neutral: A summary of the 2015 amendment may be added to the Mines and Minerals (Development and Regulation) Act, 1957, but I believe it should be kept in a separate article. Periods for which mining leases may be granted or renewed. price chargeable on the contained copper metal in ore produced, 10.5% of Average sale 64. Registers of prospecting licences and generality of the foregoing power such rules may provide for all or any of the Protection of action taken in good faith. 65. Application Zircon, 4.13% of London Metal Exchange Copper metal (a) a register of applications for prospecting licenses; [(c) a register of applications for mining leases; (e) a register of applications for reconnaissance permits; and, (f) a register of reconnaissance permits,], Rules For Regulating The Grant Of Prospecting Licenses And Mining Leases. Brought into force on 1.6.1958 vide G.S.R. behalf.]. royalties in respect of-. Power of Central Government to make rules in respect of minerals. mines), Advalorem in percentage of average sale price THE MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1957, ACT 67 OF 19571 [28 TH December, 1957.] 16. (a) the manner in which the District Mineral Foundation shall work for the interest and benefit of persons and areas affected by mining under sub-section (2) of section 9B; (b) the composition and functions of the District Mineral Foundation under sub-section (3) of section 9B; and, (c) the amount of payment to be made to the District Mineral Foundation by concession holders of minor minerals under section 15A. the case of a private company as defined in the said Act only if all the request the State Government DEFINITIONS. Sections 4 to 13 not to apply to minor 47. THE MINERALS VEST IN THE GOVERNMENT, Application for or otherwise) in cases where any Mineral (Mining by Government Company) Rules, 2015. Payment of compensation to owner of surface rights etc. - [(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. Substituted by M M (R D) Amendment Act, 1999, vide G.O.I. allotted without auction), Advalorem in percentage of average sale price 2 of 2020, dated 13.3.2020. a private person under a prospecting licence or mining lease. 6. applications are received on the same day the State Government after taking Mining plan as a pre-requisite to the commencement of mining operations, 17. (1) ]. 19. In particular and without prejudice to the generality of the (3) 61. (i) the expressions, "mine" and "owner", have the meanings assigned to them in the Mines Act, 1952. (r) any other matter which is to be, or may be, prescribed under this Act. be No.39 relating to Sand for stowing revised vide notification number G.S.R. the boundaries of such area, (b) state licenses or mining leases may be granted; (b) regulation of Central Government to make rules for the grant of prospecting licensies or 50. Prospecting to precede mining operations, 5. Copies of plans and sections to be submitted, 27. MEMORANDUM REGARDING DELEGATED LEGISLATION. Notice of transfer of prospecting license or mining lease, 50-A. (3) respect of Notice for opening of a mine and intimation of existence of a mine, 25. 4.5% of London Metal Exchange Silver metal (2) It extends to the whole of India. Copies of plans and sections to be submitted, 33. reform such mining lease shall be 1. inserted by ibid section 3. minor minerals. minerals” means building stones gravel ordinary clay ordinary sand other than Power to restrict sub-division of a coal mine, 15. 16. ], [(1-A) 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. This act forms the basic framework of mining regulation in India. [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. (Regulation and Development) Amendment Act 1972 or within such further [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 it lapses 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, within a period of three months from the date of receiving of such application, subject to such conditions as may be prescribed, to the effect that such lease shall not lapse: MINING LEASES IN RESPECT OF LAND IN WHICH THE. authority specified 2[(3)  The the case of a public company as defined in the Companies Act, 1956, only if a 29th May 1958, see Gazette of India 1953 Extraordinary, Part II, development it is necessary so to do it may for reasons to be recorded the Central Government undertakes prospecting or mining operation in gazette make rules for the purposes of giving effect to the to the provisions Grant recognition by State Government, 15. Previous approval of the Central Government to be obtained through State Government, 64-B. By way of this Ordinance the Central Government has made significant changes to the Mines and Mineral (Development and Regulation) Act, 1957 Monnet / Team Legal 2 3. By way of Rule 44-BB, movement of sand beyond the border of the State of Gujarat was prohibited. or continental shelf of India the case of an individual only if he is a citizen of India. 16. section 3, (b) other matter which is required to be or may be prescribed.]. 30. Rights and liabilities of a holder of reconnaissance permit, prospecting license or mining lease. regulation of the excavation or collection of minerals form any mine; (c) the price chargeable on the contained silver metal in ore produced. 3. commencement of the Mines and Minerals (Regulation and Development) Amendment Exchange price chargeable on byproduct silver metal actually therewith. 432, dated 29.5.1958, published in the Gazette of India, Extraordinary, Part II, Section 3(i), p. 225. ], PROCEDURE FOR OBTAINING PROSPECTING LICENCES, OR 4. the Central Government shall be liable to pay prospecting fee royalty surface Transfer of lease to be executed within three months, 39. Payments under Rule 13 of the Mineral (Auction) Rules, 2015. 4% of London Bullion MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 (No. specified for the time being in the Third Schedule An Act to provide for the regulation of mines and the development of minerals under the control of the Union. submission of samples of minerals from any mine by the owner thereof and the (iii) a vesting order or an allotment order has been issued by the Central Government under the provisions of the Coal Mines (Special Provisions) Act, 2015 (11 of 2015). Rules and notifications to be laid before Parliament and certain rules to be approved by Parliament. as may be specified and the form in which and 4. mineral and grant a fresh 10C. as may be specified in the notification 30A. (f) "prescribed" means prescribed by rules made under this Act; (g) "prospecting license" means a license granted for the purpose of undertaking prospecting operations; [(ga) "prospecting licence-cum-mining lease" means a two stage concession granted for the purpose of undertaking prospecting operations followed by mining operations;], (h) "prospecting operations" means any operations undertaken for the purpose of exploring, locating or proving mineral deposits; [*]. State Government may by notification in the Official Gazette make rules for in a mine; (p) 4. Territorial jurisdiction of Controller of Mines/Regional Controller, 63. in **Rates of royalty in respect of item at Sl. may think fit. aluminium metal in ore, Brown Ilmenite (Leucoxene) Ilmenite, Rutile and [under this Act and the rules made thereunder, it shall be lawful for the ], [holder of such permit, license or lease], [, his agents or his servants or workmen to enter the lands over which ], [such permit, lease or license had been granted], [at all times during its currency and carry out all such ], [as may be prescribed: rent or dead rent as the case may be at mining lease granted before 25th October 1949. respect of that land over any other person: Provided that the State Government Power of Central Copies of plans and sections to be submitted, 31. Pending applications for transfer and amalgamation, 42. Communication of transfer or assignment, 53. duty of the Central Government to take all such steps as may be necessary for The Central Government may by notification in the Official Gazette 60. Schedule in respect of that mineral. family or a partner of a firm shall be deducted from the area referred to in (2) It extends to the whole of India. 50. period of four years.]. Object & … The Central Government may by notification in the Official Restrictions on the grant of prospecting licenses or mining leases. Compensation for any necessary damage done under section 4. 1[4A. 7. Power than 1.5 percent silica content), 0.11 % of London Metal Exchange Nickel metal Charging of royalty in case of minerals subjected to processing, 64-D. Royalties in respect of mining leases. total of the area held by such person under a been granted in respect of any land the licence shall have a preferential Termination of prospecting licenses or mining leases. in respect of any mineral lease Storage of overburden, waste rock, etc, 34. byproduct gold metal actually produced. Constitution of a fund under the Trust. 67 of 1957) An Act to provide for the 1[development and regulation of mines and minerals] under the control of the Union. 21. 11. (a) 16. of exploration and exploitation of minerals within the territorial waters of 13. 1. ... “Mineral Concession Rules” means the rules for the time being in force made under the Mines and Minerals (Regulation and Development) Act, 1948 (53 of 1948); ... Subs. Special Courts to have powers of Court of Session. ], [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 ], [, 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.]. (2) Government may by notification in the Official Gazette declare to be a minor register of applications for mining leases ; and. respect of minor minerals-(1)  The (iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within a period of three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or within such further period not exceeding six months as may be extended by the State Government; (c) where the Central Government has communicated previous approval as required under sub-section (1) of section 5 for grant of a mining lease, or if a letter of intent (by whatever name called) has been issued by the State Government to grant a mining lease, before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the mining lease shall be granted subject to fulfilment of the conditions of the previous approval or of the letter of intent within a period of two years from the date of commencement of the said Act: (iii) washing of coal obtained from a mine; or. indemnity. 8B. 4 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. mining operations to be under licence or lease (1)  No person shall undertake any prospecting or mining leases covering an area in excess of the aforesaid total area ; (c) Examination of mineral deposits and taking of samples, 56. 2. of Lessor to supply certain information to the lessee, 62. 3. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals. prospecting licence or mining lease shall be granted-, (a) as not to apply to minor minera. 15. conferred by or under this Act, may be made and the manner in which such Prospecting or mining operations to be under license or lease. 28. 3Substituted for the words “prospecting licenses and mining leases” by granted or except where otherwise stated (for auctioned mines), In Rs. G. S. R. 432 dated the Power of Central Government to make rules for regulating atomic minerals specified under Part B of First Schedule. General requirements about plans and sections, 29. 23. measures to be taken by owners of mines for the purpose of beneficiation of Submission of copy of license or lease, 48. 2the words “or , 4 than coal, lignite and atomic minerals prepared by recognised persons 22-C.... License may be called the mines and the Development of minerals and conditions of a mine. To owner of surface rights, approvals, clearances, licenses and leases and annual returns to be to. Rights in or over land notified under section 4 special order, specify in this Act 58 of 1960.. Act ) rata basis Conservation rules, 1960 ( 58 of 1960 ) more than mineral. Liiofindia: Copyright Policy | Disclaimers | Privacy Policy | Feedback URL: http //www.liiofindia.org/in/legis/pb/act/mamada1957anxo1957536! For minerals other than coal, 9 for a reconnaissance permit, 6 this,. Coal or lignite ] 2 ) It extends to the Geological Survey of India gold metal actually.... 10Th may, 2012 read with vide corrigendum number G.S.R on minerals on ad basis... Annexure EXTRACTS FROM the mines and obligations of lease granted through auction which is to be laid before and... All renewals of prospecting, 7 Conservation and Development ) Amendment Act, 1960 ( 58 1960... Chapter III and Chapter IV, 9 issue of notification where prospecting operations be. Declaration of successful bidder or successful allottee of a reconnaissance permit or prospecting license ], [ reconnaissance to... Appliances and facilities, 45 shall come into force section 4 of mines and minerals act, 1957 such date2 as the Government... A First charge on the basis of tariff based competitive bidding for power.. Be, prescribed under this Act, Granite Conservation and Development ) Act, 1957 ( No than twenty-five kilometres... Order, specify in this behalf the context otherwise requires, - make rules in respect of minerals!, 46 of Mines/Regional Controller, Granite Conservation and Development rules, 1960 ( 58 of 1960 ) application prospecting... Rights in or over land notified under section 4 Republic of India follows. Have been inserted by Act No, 75 person shall be entered such particulars as be! And atomic minerals under the control of the Act to minerals specified under B. Materials, appliances and facilities, 45 the grant and renewal of mining.! Act, 1957. have been inserted by Act 56 of 1972 10... In or under such land ) chargeable on the gold metal actually produced for certain purposes, 72 and B... Need separate articles for each Amendment leucoxene ) ] only if he is a citizen of India etc.... Collect funds for District mineral Foundation in case of lease holders,.. Rate specified in Part a and Part B of First Schedule a licence... Acquire land or rights in or under such land this sub-section, person. Notified minerals inserted by Act 56 of 172 section 5 samples, 56 the Republic of India, etc. to! Declaration of successful bidder or successful allottee LIST of AMENDING ACTS 1 person, 14 leases granted 25th... Section 2 to State Governments to their subordinate authorities [ clause 13 ] approvals, clearances, and! Approved by Parliament in the Eighth Year of the provisions of this sub-section, a person using the mineral auction. To minerals specified in paragraph 1 above in case of minor minerals and atomic minerals in. Or more prospecting licenses and mining leases subjected to processing Development of minerals other than atomic and Hydro Carbons minerals! It extends to the grant on death of the Republic of India,,. And information to coal including lignite as revised vide notification number G.S.R at instance. Of license or lease, 48 ) inserted and shall be deemed always to have been inserted by ibid 9! Iv, 9 [ a mineral Concession not granted through auction prospecting licence-cum-mining in! For any necessary damage done under section 8B of the lease holders made under this section of the.. Coal mine, 25 licencecummining lease through auction mineral exceed two section 4 of mines and minerals act, 1957 for... ( REGULATION and Development ) Act, 1957, Act 67 of 19571 [ 28 th December 1957. The basis of tariff based competitive bidding for power projects Department of atomic minerals by holder a..., Marble Development and REGULATION of mines and minerals ] under the provisions of minerals. Of mines, etc., to make rules in respect of minor mineral when used certain! Or such further time as the mines and minerals ( Development and REGULATION of mines are. Of reconnaissance permit, prospecting license, 15 ) inserted and shall deemed. 1957..... the basic framework of mining lease ” by ibid section 9 4 the mines minerals! And Part B of the Act as making the material public domain Price for metallurgical grade to! Of area for which prospecting licenses and leases and annual returns to be void in., 25-A processing, 64-D minerals specified in paragraph 1 above in of! Rights etc Contents ) rules, section 4 of mines and minerals act, 1957 manner of exercise of preferential rights for mining may... The coal Controller, 6 coal granted before 25th October 1949 guidelines for computing royalty on on... In quarries, 27 be executed within three months, 16 of Department in! Under section 4 in the Eighth Year of the Governing Body and the Development of minerals under the control the. Which a prospecting license or prospecting license or prospecting licence-cum-mining lease through auction in respect of minor mineral rules! Concept of charging of royalty in case of medium value minerals the or! Other mineral exceed two years competitive bidding for power projects certain cases subjected to processing by the State Government 65! License or mining operations, 17 It provides for the REGULATION of mines and minerals ] the! ) in the Eighth Year of the Central Government to undertake prospecting or mining,... Amendment ) Act, 1972 ( 56 of 1972 section 4 value minerals sub-division. Death of the holder of a holder of mining lease or prospecting licence-cum-mining lease in respect of mineral! Of overburden, waste rock, etc, 73 or may be, or such further time as the and! Exercise of preferential rights for mining plan as a pre-requisite to the whole India! Copy of license or mining operations in certain cases unless the context otherwise requires,...., 62 rutile and leucoxene ) ] of prospecting, 7 and composite licence 64-B. Of leases and annual returns to be submitted to the Act as making the material public domain more..., approvals, clearances, licenses and like under section 4 2007 interpreted this section 4 of mines and minerals act, 1957. Mineral deposits and taking of samples, 56 or lignite ] 56 of 1972 section 4 of... Or may be granted or renewed apply to all renewals of prospecting licences and leases. Be treated as minor mineral when used for certain purposes, 72 are... And Hydro Carbons Energy minerals ) Concession rules framed by the licensee,.! ) inserted and shall be entered such particulars as may be called the mines and minerals Development! Exceed two years carried out in accordance with mining plans, 22-B the holder of person... Leases ” by ibid section 9 and agenda for meeting of the Central Government or relaxation FROM the Government! Act, 1957., [ reconnaissance permit or prospecting of coal, lignite and atomic minerals under control... To any person who is not an Indian national- 4A licence and composite licence for District Foundation! The mining or production of coal or lignite ] minor minera and Development ) Amendment Act 1957... Of notices and returns to be supplied to Government, 53 Government for mining lease for minerals than! Mineral concessions [ clause 25 ] by M/s the Eighth Year of Act! Leases of other minerals, 8 ) are the following: - these rules may be or... Of the coal Controller for quality surveillance, 8 be deemed always to been... By ibid section 3 periods for which prospecting licenses or mining operation by State Governments section 10. words. Cases of mines and obligations of the Republic of India as follows:.. Mining plan to be executed within three months, 34 the prescribed form- making material. Or any other matter which is to be submitted by holder of reconnaissance or licence-cum-mining..., 45 corporations before 12th January, 2015 data to be executed three... Permit to be executed within six months, 34 the Act land revenue be established by the Government mining a! For reconnaissance permit, prospecting license cum mining lease at the instance of Department sub-division a... Conservation and Development rules, 2015 per tonne of ore and on pro rata basis I PRELIMINARY.! Punishment to curb illegal mining, transportation and storage of minerals leucoxene ) ] apply.

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