1[18A.  Power to authorities Geological Survey if  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 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 authorities 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 :


 

 


1Section 18-A inserted by Act 56 of 1972 section 11.

 

Provided that in the cases of prospecting licenses 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 authorization under sub-section (1) it shall be lawful for the Geological Survey of India or the specified authority or agency and its servants and workmen-

(a)     to enter upon such land,

(b)    to dig or bore into the sub-soil,

(c)     to do all other acts necessary to determine the extent of any mineral available in or under such land,.

(d)    To set out boundaries of the land in which any mineral is expected to be found,

(e)     To mark such boundaries and line by placing marks,

(f)      Where otherwise the survey cannot be completed on the boundaries and line marked to cut down and clear away any part of any standing crop fence or jungle :

 

Provided that no such authority or agency shall enter into any building or upon any enclosed court or garden attached to a dwelling house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of its intention to do so.

(3)               Whenever any action of the nature specified in sub-section (2) is to be taken the Central Government shall before or at the time when such action is taken pay or tender payment for all necessary damage which is likely to be caused and in case of dispute as to the sufficiency of the amount so paid or tendered or as to the person to whom it should be paid or tendered the Central Government shall refer the dispute to the principal civil court of original jurisdiction having jurisdiction over the land in question.

(4)               The fact that there exists any such dispute as is referred to in sub-section (3) shall not be a bar to the taking of any action under sub-section (2).

(5)               After the completion of the investigation the Geological Survey of India or the specified authority or agency by which the investigation was made shall submit to the Central Government a detailed report indicating therein the extent and nature of any mineral which lies deposited in or under the land.

(6)               The costs of the investigation made under this section shall be borne by the Central Government :

Provided that where the State Government or other person in whom the minerals are vested or the holder of any prospecting licence or mining lease applies to the Central Government to furnish to it or him a copy of the report submitted under sub-section (5) that State Government or other person or the holder of a prospecting licence or mining lease as the case may be shall be bear such reasonable part of the costs of investigation as the Central Government may specify in this behalf and shall on payment of such part of the costs of investigation be entitled to receive from the Central Government a true copy of the report submitted to it under sub-section (5)].

 

MISCELLANEOUS

 

8.      Prospecting licenses and mining leases to be void if in contravention of Act Any 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 prospecting licence or mining lease in any State and the aggregate area covered by such licenses or leases as the case may be exceeds the maximum area permissible under section 6 only that prospecting licece or mining lease the acquisition of which has resulted in such maximum area being exceeded shall be deemed to be void.

 

9.      Act and rules to apply to all renewals of prospecting licenses and mining leases -The provisions of this Act and the rules made thereunder shall apply in relation to then renewas 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.

 

10.  Penalties 1[(1)  Whoever contravenes the provisions of sub-section (1) of section 4 shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to 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 with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

2[(3)  Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4 such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may if necessary obtain the help of the police to evict the trespasser from the land.

(2)               whenever any person raises without any lawful authority any mineral from any land and for that purpose brings on the land any tool equipment vehicle or any other thing such mineral tool equipment vehicle or other thing shall be liable to be seized by a magistrate specially empowered in this behalf.


 


1Sub-section (1) substituted by Act 56 of 1972 section 12.

 2Sub-sections (3), (4) and (5) substituted by Act 56 of 1972.

 

(3)               Whenever any person raises without any lawful authority any mineral from any land the State government may recover from such person the mineral so raised or where such mineral has already been disposed of the price thereof and may also recover from such person rent royalty or tax as the case may be for the period during which the land was occupied by such person without any lawful authority.]

 

 

11.  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

 

12.  Offences by companies (1)  If the person committing an offence under this Act or any rules made thereunder 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 of that he exercised all due diligence to prevent the commission of such offence.

            (2)  Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed with the consent or connivance of any director manager secretary or other officer of the company such director manager secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.   

 

Explanation.- For the purposes of this section,-

(a)     “company” means any body corporate and includes a firm or other association of individuals;

(b)    “director” in relation to a firm means a partner in the firm.

 

 

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 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.]

 

 

13.  Power of entry and inspection (1)  For the purpose of ascertaining the position of the working actual or prospective of any mine or a abandoned mine or for any other purpose connected with this Act or the rules made thereunder any person authorised by the Central Government in this behalf by general or special order may-

(a)     enter and inspect any mine ;

(b)    survey an take measurements in any such mine;

(c)     weigh measure or take measurements of the stocks of minerals lying at any mine;

 


1Section 23-A inserted by Act 56 of 1972 section 18

 


(d)    examine any document book register or record in the possession or power of any person having the control of or connected with any mine and place marks of identification thereon and take extracts from or make copies of such document book register or record;

(e)     order the production of any such document book register record as is referred to in clause (d); and

(f)      examine any person having the control of or connected with any mine.

(2)               Every person authorised by the Central Government under sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code and every person to whom an order or summons is issued by virtue of the powers conferred by clause (e) or clause (f) of that sub-section shall legally bound to comply with such order or summons as the case may be.

 

14.  Recovery of certain sums as arrears of land revenue - 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 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 this behalf by general or special order be recovered in the same manner as an arrear of land revenue.

                2[(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 prospecting licence or mining lease may on a certificate of such officer as may be specified by the State Government in this behalf by general or special order be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the Government after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act 1972 together with the interest due thereon shall be a first charge on the assets of the holder of the prospecting licence or mining lease as the case may be.]

 

15.  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 such conditions if any as may be specified in the notification be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.  

(3)               Any rules made by the Central Government under this Act may confer powers an impose duties or authorise the conferring of powers and imposition of duties upon any State Government or any officer or authority subordinate thereto.

 

 

16.  Protection or action taken in good faith No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

 

17.  Rules and notifications to be laid be fore parliament and certain rules to be approved by Parliament 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 i9n one sessions and if one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sesssions aforesaid both House  agree in making any modification in the rule or notification or both Houses agree that the rule or notification should be made the rule or notification shall thereafter have effect only in such modified form or be of no effect as 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 rulemaking poweer vested in the Central Government no rules made with reference to clause (c) of sub-section (2) of section 16 shall come into force until they have been approved whether with or without modification by each Housed of Parliament.

 

18.  Existing rules to continue - All rules made or purporting to have been made under the Mines and Minerals (Regulation and Development) Act 1948 shall in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith be deemed to have been made under this Act as if this Act had been in force on the date on which such rules were made and shall continue in force unless and until they are superseded by any rules made under this Act.

 

19.  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.

 

1Sub-section (1) substituted by Act 56 of 1972 section 15

 

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 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 section 13 and 18) shall apply to or in relation to such leases subject to such exception and modifications if any as may be specified in that or in any subsequent notification.]      

 

20.  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 or transfer of any prospecting licence or mining lease or 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.

 

21.  [Amendments to Act 53 of 1948.] Repealed by the Repealing and Amending Act 1960 (58 of 1960), section 2 and First Schedule.

 

22.  Validation of certain acts and indemnity - All acts of executive authority done proceedings taken and sentences passed under the Mines and Minerals (Regulation and Development) Act 1948, with respect to the regulation of mines and the development of minerals during the period commencing on the 26th day of January,1950 on date of commencement of this Act by the Government or by any officer of the or by any officer of the Government of by any other authority in the belief or purported belief that the acts proceedings or sentences were being done taken or 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.


 


1Inserted by the Mines and Minerals (Regulation and Development) Amendment Act 1958 (15 of 1958), section 2 (with restrospective effect.

 

 

THE FIRST SCHEDULE

 [See section 5 (2) (a), 7(2) and 8(2) ]

SPECIFIED MINERALS

1.      Apatite and phosphate ores.

2.      Bery1.

3.      Chrome ore

4.      Coal and lignite.

5.      Columbite, samarskite and other minerals of the “rate earth” group.

6.      Copper.

7.      Gold.

8.      Gypsum.

9.      Iron ore.

10.  Lead.

11.  Maganese ore.

12.  Molybdenum.

13.  Nickel ores.

14.  Platinum and other precious metals and their ores.

15.  Pitchblend an other uranium ores.

16.  Precious stones.

17.  Rutile.

18.  Silver.

19.  Sulphur and its ores.

20.  Tin.

21.  Tungsten ores.

22.  Uraniferous allanite, monazite and other thorium minerals.

23.  Uranium bearing tailings left over from ores after extraction of copper and gold ilmenite and other titanium ores.

24.  Vanadium ores.

25.  Zink.

26.  Zircon.

 

THE SECOND SCHEDULE

 

(See Section 9)

 

RATES OF ROYALITY

 

1

Coal

Five per cent of f. o. r, price subject to a minimum of fifty naye paise per ton.

2

Mica-

 

 

(a) Crude Mica

Six rupees per 100 Kg.

 

(b) Trimmed mica of qualities Heavy-stain dense stained or spotted

Second quality.

Ten rupees per 100 Kg. other then

 

(c) Trimmed mica of Heavy-stained dense-stained or spotted second quality.

Five rupees per 100 Kg.

 

(d) Waste and scrap mica

Two rupees per 100 Kg.

 

(d)

 

 

(e) Waste rounds

Two rupees and fifty paise per 100 Kg.

3

(a) Gold

Ninety-five paise per one gram of gold per tonne of ore and on prorata basis.

 

(b) Silver

Twenty-five rupees per Kg. of metal.]

4

Iron-

(i) Ore-

 

 

(a) containing more than 62% of Fee.

Rs. 1.53 per tonne.

 

(b)  containing up to 62% of  Fe. 

Rs. 1.00 per tonne.

 

(ii)  Ore fines in size less than incidental to mining and sizing of ore.          

Rs. 0.25 per tonne,

 

(iii)  Red oxide

Rs. 2.00 per tonne,]

 

                       


 


1Substituted by G. S. R. 1263 dated 29the June, 1968, see Gazette of Indian Part II Section 3(I) page 369 and shall come into force with effect from 1st July 1968.

2Substituted by G. S, R. 1486, dated 31st October, 1962 see Gazette of India Part II section 3(I) page 1791.

 

5

(a)  All precious and semi-precious stones (except diamond).

Twenty percent of the sale price at the pit’s mouth. 

 

(b)  Diamond   

Ten percent of the sale price at the pit’s mouth

6

Maganese ore-

 

 

2[(a) Maganese dioxide (containing 78 per cent or more of Mno 2 and 4 per cent or below Fe)  

Fifteen rupees per tonne]

 

(b)  46% Mn. And over

six rupees per tonne.

 

(c) 35% Mn. And above and below 46% Mn.

Three rupee per tonne.

 

(d)Below 35% Mn. But above 25% Mn.          

Two rupees per tonne.

 

(e)  25% Mn. Or below

One rupee per tonne.

7

Choremite.

 

 

(a) Containing 45% Cr2O3 and Above.       

Ten rupees per tonne.

 

(b) containing less than 45% Cr2O3

six rupees per tonne.

 

(c) charomite concentrates in fines prepared through crushing and panning (irrespective of percentage content of Cr2 O3.)

Three rupees per tonne.

8

Limestone-

 

 

(a) superior grade with 45% or more of Ca0

One rupee and twenty-five paise per tonne.

 

(b) Inferior grade with less than 45% Ca0       

Seventy-five paise per tonne.

9

Dolomite

One rupee and seventy-five paise per tonne.

 

1Substituted by G. S. R.1263 dated 29th June 1968-see Gazette of India Part II section 3(I) page 369 and shall come into force with effect from 1st July, 1968.

2Clause (a) substituted by G. S. R. 2053, dated 15th November, 1969-see Gazette of India part II section 3(I) page 2863.

 

10

Graphic-

 

 

(a) With 80% or more Carbon

Fifteen rupees per tonne

 

(b) With 40% or more Carbon

Carbon but less than 80%

Ten rupees per tonne.

 

(c) With less than 40% carbon

Three rupees per tonne.

11

China clay(including ball clay)-

 

 

(a)  Grude

One rupee and fifty paise per tonne.

 

(b)  Washed    

Seven rupees and fifty paise per tonne.

12

Kyanite-

 

 

 

(a) 60% AI2O2 and Above

Twenty-five rupees per tonne.

 

(b) Below 60% AI2 O3 and Above 50% AI2O3

Eight rupees per tonne.

 

(c)  50% AI2 O3 and below

Four rupees per tonne.

13

Gypsum-

 

 

(a) Fertilizer grade (gupsum Supplied to fertilizer Factories).

One rupee and fifty paise per tonne.

 

(b)  Other grades

two rupees and fifty paise per tonne.

14

Limeshell (including Calcarious and sand chalk)-

 

 

(a) Superior grade with 45% or more of CaO. 

One rupee and twenty-five paise per tonne.

 

(b) Inferior grade with less than 45% CaO

Seventy-five paise per tonne.

15

Fire Clay [Including  Plastic pipe lithographic And natural (pozzolanic Clay]

One rupee and twenty-five paise per tonne.

16

Ilmentte

Four rupees and twenty-five paise per tonne.

17

Copper ore

Three rupees and twenty-five paise per unit percent of copper metal per tonne of ore and on prorata basis

18

Lead ore         

Seventy-five paise per unit per cent of metal per tonne of ore and on pro-rata basis.

19

Zincore.

One rupee per unit per cent of zinc metal contained of ore and on pro-rata basis.]

20

Garnet (Abrasive)        

Five rupee per tonne.

21

Sillimanite-

 

 

(a)  58% AI2 O3 or more

Thirty rupees per tonne.

 

(b)  Below 58% AI2 O3

Eighteen rupees per tonne.

22

Barytes-

 

 

(a) White (including snow White).

Seven rupees and fifty paise per tonne.

 

(b)   Buff

five rupees per tonne.

23

(a) Quartz and Quartzite           

One rupee per tonne.

 

(b)  Sand for stowing   

Twenty paise per tonne.

24

Glass-sand and moulding sand

One rupee per tonne]

25

Corundum

Thirty-five rupees per tonne.

26

Bauxite (all-grades)

Two rupees and fifty paise per tonne.

27

Ochre

Two rupees per tonne.

 


 


1Item 21 to 24 substituted by G. S. R. No. 1263 dated 29th June, 1968, sec.  Gazette of India Part II section3(I) page 369 and shall come into force with effect from 1st July 1968.

2Item 26 substituted by ibid.

 

28

Steatite (Soap stone and Talc).-

 

 

(a) All grades except the Inferior grade used in Insecticide industry

Four rupees per tonne.

 

(b) Inferior grade used in Insecticede industry.

Two rupees per tonne.

29

Apatite(rock phosphate)

 

 

(a) Ores with 25% or more P2 O5 2     

Four rupees and twenty-five paise per tonne.

 

(b) Ores with less than 25% P2 O5      

Three rupees and seventy-five rupees per tonne.

30

Asbstos

 

 

(a) Chrysotile of superior quality i. e, As, A. B. and C.

Two hundred and fifty rupees per tonne

 

(B) Chrysotile of inferior, quality i. e. other than A. S, A. B. and C.

Fifty rupees per tonne.

 

(c)  Amphibole

Twelve rupees per tonne.

31

Cadimium        

Eight rupees per unit per cent of cadmium metal per tonne of ore and on pro-rata basis.

32

Calcite

Two rupees and fifty paise per tonne.

33

Diaspore

Ten rupees per tonne.

34

Felspar

One rupee and fifty paise per tonne.

 


              

1Item 28 substituted by G. S, R. No. 1263, dated 29th June, 1968.

2Items 29 to 42 inserted by ibid.

 

35

Fluorspar (with 30% of Less of CaF2)

Ten rupees per tonne.

36

Magnesite-

 

 

(a) Superior quality with less than 2.5% silica

Three rupees per tonne.

 

(b) Inferior quality with 2.5% or more silica      

Two rupees and fifty paise per tonne

37

Nickle Ore

One rupee and seventy-six paise per unit per cent of nickel metal per tonne and on pro-rata basis.

38

Pyrites

Three rupees and twenty paise per tonne of pyrites with forty per cent sulphur content and on pro-rata basis.

39

Pyrophyllite-

 

 

(a) For all grades except the inferior grade used in insecticide industry

Three rupees per tonne.

 

(b) Inferior grade used in insecticide industry

One rupee and fifty paise per tonne.

40

Rutile.

Seventy rupees per tonne.

41

Vermiculite

Two rupees per tonne.

42

Wolfram

Three rupees per tonne of ore with one per cent WO3 and on pro-rata basis].

43

All other minerals not hereinbefore specified

Seven per cent of sale price at the pit’s mouth.]

 

 

 

                 .

 

THE THIRD SCHEDULE

Repealed by the Repealing and Amending Act, 1960 (58 of 1960), section 2 and First Schedule.


 


   1Substituted by G. S. R. 1451, dated 27th August, 1963 see Gazette of India Part II section 3(I) page 1685. This entry was renumbered by ibid to read as above.

 

1[THE THIRD SCHEDULE

 

(See section 9A)

 

DEAD RENT

 

   Period of the mining lease                           Rate of dead rent per hectare

1.  1st year                                                             Nil

2.  2nd year to 5th year                                  Rs. 12.50.

3.  6th year to 10th year                                Rs. 25.00

4.  11th year onwards                                   Rs. 37.50]


 

 


1schedule III inserted by Act 56 of 1972, s. 16.

 

Contents