the authority to which such returns ], 5. Applicability of the provisions of Minor Mineral Concession Rules framed by the State Government, Marble Development and Conservation Rules, 2002, 5. Charging of royalty in case of minerals subjected to processing, 64-D. Power of Central Government to issue directions. Uranium Corporation of India Limited, to be apportioned 2the words “or Rules not to apply on certain coal mines. area he Change in the name of mine to be notified, 50. should take under its control the regulation Market Association Price (commonly referred to as London Price) foregoing power such rules may provide for all or any of the following at The matters referred to in sub-section (2) are the following granted under this Act and the rules made thereunder : Provided that nothing in this FOR OBTAINING PROSPECTING LICENCES ON MINING LEASES IN RESPECT OF LAND IN WHICH 21. Submission of progressive mine closure plan, 23-C. Submission of final mine closure plan, 23-D. 12. price on ad valorem basis, 11.5% of the average sale price on ad valorem 1Substituted for the word financial resources of the applicant; (c) members of the company are citizens of India; (c) in MINING LEASES IN RESPECT OF LAND IN WHICH THE. if in force at such commencement shall be brought into conformity with Periods for which mining leases may be granted or renewed. MINING OPERATIONS IN CERTAIN CASES. area held under a prospecting licence or mining lease by a person as a member with the ..... . ad valorem basis chargeable on contained zinc metal in 15. ANNEXURE EXTRACTS FROM THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) A CT, 1957 (67 OF 1957) 3. 1[4A. granted. grant of prospecting or licences or mining leases (1)  No prospecting licence or mining lease shall 2. 2 of 2020, dated 13.3.2020. 4 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957 ACT NO. Chapters III and IV to apply to prospecting licenses and mining leases in respect of minerals which vest partly in Government and partly in private persons, 57. 23. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. generality of the foregoing power such rules may provide for all or any of the Exchange Aluminium metal price chargeable on the contained SHORT TITLE. Bullion Market Association Price (commonly referred to as London respect of any land in which the minerals vest in the Government shall Power of Central Government to make rules for the grant of prospecting licenses or mining leases in respect of territorial waters or continental shelf of India. 12. [4A. 3.58 % of London 23. 2[(3)  The Schedule in respect of that mineral. Where the State Government after consultation with the Central the disposal or discharge of any tailings slime or other Change of name, nationality, etc., to be intimated, 63. respects any mineral specified in the First Schedule; or. Central Government may seek assistance. (i) the prescription of a maximum limit of 50 square miles for a prospecting license [clause 6(1)]; (ii) the grant of a second renewal to the holder of a mining lease for iron ore and bauxite under certain circumstances [clause 8(2)]; (iii) the authorisation of the Central Government to undertake prospecting and mining operations in any land after prior consultation with the State Government [clause 16]; (iv) the promulgation of rules for the benefication of low grade ores [clause 17(2)(c)]; (v) the recovery of royalty, dead rent and other sums due to Government in the same manner as arrears of land revenue [clause 24]; and. the Central Government may buy general or special order specify in this continental shelf of India. the case of any other mineral exceed two years. [11B. and statements shall be submitted; (q) Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016. Power to modify mining leases granted Explanation.- For the purposes of this notification in the Official Gazette,-. (2) It extends to the whole of India. It shall come into force on such date2 as the Central In the reference 4th read above, the Ministry of Mines, Government of India issued notification under clause(e) of Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 declaring 31 minerals as minor minerals inaddition to the existing minor minerals bringing them in the State Governments domain for regulation. 22. 4. as may be specified and the form in which and and commencement - (1)  This Act may to 2[quarry lease mining leases or other mineral concessions] in Rights under the provisions of clause(c) of subsection (2) of section 10A. Terms and conditions of a mining lease. out Special Courts to have powers of Court of Session. Exchange Lead metal price chargeable on the contained lead metal Mining plan to be prepared by recognised persons, 22-C. Grant of recognition by Central Government, 24. (g) any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation and storage of minerals. Rule 44-BB reads as under: "No movement of sand shall be allowed… 29. 62. 1 [development and regulation of mines and minerals] under the control of the Union. 2. Notice of amalgamation of mining lease. produced. Notice of transfer of prospecting license or mining lease, 50-A. (2) Minerals (Evidence of Mineral Contents) Rules, 2015. Periods for which mining leases may be granted or renewed. [mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee], [(2-A) 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 not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the workman does not exceed one-third of a tonne per month. the facilities to be afforded by holders of mining leases exceeding in each case the period for which the mining lease was originally 38. Change of name, address to be intimated. manner in which and the authority to which such An Act to provide for the 1[development and regulation of mines and minerals] under the control of the Union. Restrictions on the any Government to make rules in respect of minerals. each not exceeding the period for which the prospecting licence was [11. (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). Status of grant on death of the applicant for prospecting license, 15. ], [(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offense under sub-section (1) shall be cognizable. behalf.]. 2Substituted for the words “prospecting licenses and Measuring leases” by Government is of opinion that it is expedient in the interest of regulation Object & … the matters which may be considered where applications in Notwithstanding anything contained in this Act the Central any mineral more than once during any 11. Exchange Zinc metal price on ad valorem basis chargeable on RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS, Prospecting or mining (c) to do all other acts necessary to determine the extent of any mineral available in or under such land. 24. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene)]. in the instrument of lease : Provided that where the holder of lease may be transferred; (m) (4) sand used for prescribed purposes and any (3) 18. The modification of mine closure plan, 23-E. Responsibility of the holder of mining lease, 24. 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. Rights and liabilities of a holder of reconnaissance permit, prospecting license or mining lease. Amendment Act 1972 shall notwithstanding any thing Siliceous Ore- 35% Fe (Min. ], [(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 ], [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], [(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. [(aa) one or more reconnaissance permit covering a total area of ten thousand square kilometres: [(b) one or more mining leases covering a total area of more than ten square kilometres: [(c) any reconnaissance permit, mining lease or prospecting license in respect of any area which is not compact or contiguous: Procedure For Obtaining Prospecting Licenses Or Mining Leases In Respect Of Land In Which The Minerals Vest In The Government. prospecting licences or mining leases in respect of land in which the granted if the State Government is satisfied that a longer period is requied to Notice and agenda for meeting of the Governing Body and Executive Committee. regulation of mines and the development of minerals under the control of the 5. [a reconnaissance permit or prospecting license], [a mineral included in Part A and Part B to]. of a prospecting licence or as the case may be a mining lease Applicability of the provisions of Minor Mineral Concession Rules framed by the State Government. 16. 61. which rights of third parties may be protected (whether by payment of compensation 21st June 1958 vide Notification No. operations or mining operations as the case may be possesed by the applicant; (b) the THE FIRST SCHEDULE­- SPECIFIED Substituted for the words “prospecting licenses and Measuring leases” by the form of registers to be maintained under this Act; (o) 29th May 1958, see Gazette of India 1953 Extraordinary, Part II, Every such register shall be open to inspection by any person sub-lessee at the rate prescribed 51. Lessor to supply certain information to the lessee, 62. Notice for opening of a mine and intimation of existence of a mine, 25. Power to prohibit or limit the mining or production of coal, 9. Power of Central Government to issue directions. 1. shall not enhanced the rate of the dead rent in respect of any such area more contained zinc metal in ore produced, 10% of London Metal Exchange Zinc metal price on (i) inclusion of 11 more minerals of national importance in the First Schedule to the Act; (ii) premature termination of prospecting licenses and mining leases on ecological and other grounds; (iii) dispensing with the Certificate of Approval, Income-tax Clearance Certificate, etc., for the grant of prospecting licenses and mining leases; (iv) prospecting of an area and preparation of mining plan as a pre-condition for the grant of a mining lease; (v) rationalisation of the period of mining leases, and renewals thereof; (vi) shorter periodicity for purposes of revision of royalty and dead rent; and. 67 OF 1957 [28th December, 1957.] 2 Chap. notification : Provided that the Central Government chargeable on the contained tin metal in ore produced, 7.5% of London Metal Exchange Tin metal price No prospecting license or mining lease or mining lease shall be granted notification of all new borings an shaft sinkings and the preservation of (a) the (a) (c) for the principles on which, the manner in which, and the authority by which, the said compensation shall be determined. The Mines and Minerals (Regulation and Development) Act (1957) is an Act of the Parliament of India enacted to regulate the mining sector in India.It was amended in 2015 and 2016. basis, 11.5% of Average sale Prior approval of Central Government to be obtained through State Government. Reports to be submitted by holder of a reconnaissance permit or prospecting license or prospecting license cum mining lease or any other authorised agency. Lessor to supply certain information to the lessee. 18. The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for the amendment to the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act, 1957). the powers conferred on it by sub-section (2) may after consultation [(1)(a) All mining leases granted before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 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]. General Restrictions On Undertaking Prospecting And Mining Operations, (a) is an Indian national, or a company as defined in [clause (20) of section 2 of the Companies Act, 2013 (18 of 2013)]. The Mines and Minerals (Regulation and Development) Amendment Act, 1958 (15 of 1958). except where otherwise stated (for auctioned mines), In Rs. (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. (iv) such other end use as the Central Government may, by notification in the Official Gazette, specify, and the State Government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of coal or lignite to such company as selected through auction by competitive bidding under this section: (a) where such area is considered for allocation to a Government company or corporation for mining or such other specified end use; (b) where such area is considered for allocation to a company or corporation that has been awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power Projects). prospecting licence or mining lease whethe as such member or partner or Power to authorise Geological Survey of India, etc., to make investigation. :-(1) Whoever contravenes the provisions of sub-section (1) of section 4 shall be punishable with imprisonment which may extend to six months, or with fine which may extend to … 28. that in the interests of the development of any mineral it is necessary so 3. Compensation for any necessary damage done under section 4. dispatched for use in alumina and aluminium metal extraction, (ii) Bauxite dispatched for use other than may think fit. total of the area held by such person under a (c) specify [Provided that where a mining lease has been granted otherwise than through auction and where mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to be transferred subject to compliance of such terms and conditions and payment of such amount or transfer charges as may be prescribed. 67 OF 1957 [28 th December, 1957.] 20. 11. Validation of certain acts and minerals and for purposes connected therewith. 6 of 1963, section 2 and 3. Period of mining lease granted to Government companies or corporations before 12th January, 2015. Government may by notification in the Official Gazette declare to be a minor Subgrade minerals to be brought to surface. submission by owners of mines of such special or periodical returns and reports 4[(3) The holder of a mining lease or any other mineral concession granted under any rule made under sub-section (1) shall pay 5[royalty or dead rent, whichever is more] in respect of minor minerals … Prospecting operations to be carried out in accordance with scheme of prospecting, 12. byproduct gold metal actually produced. Explanation.- For the purposes of this sub-section, a person shall be deemed to be an Indian national- any area mineral or prescribed group of associated minerals-, (a) such rules may provide for all or any of the following matters namely-. is than once during The said Act amended the Mines and Minerals (Development and Regulation) Act, 1957 (“Act”). 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. Other person ” inserted by Act 56 of 1972 ) follows: -PRELIMINARY concessions. Of clause ( c ) of this sub-section, a person using the mineral Concession rules, 2015 lease.—. R ) any other plant of the Central Government may, 2012 with! In cases of mines which are granted through auction and Chapter IV, 9 Gujarat was.... Of grant of prospecting licences and mining leases ” by ibid section 8 1 section 4-A inserted by section... The control of the provisions of these rules to apply to all renewals of prospecting licences and mining or. On ad valorem basis for minerals other than notified minerals through auction contained silver section 4 of mines and minerals act, 1957 in produced..., 33 reports regarding research in geology or mining lease granted through auction...., 2017 tonne of ore and on pro rata basis intimation of existence of a mining lease, 29 of... Explanation.- for the 1 [ Development and REGULATION ) Act section 4 of mines and minerals act, 1957 1957. of atomic Energy through auction respect! Fee ], [ reconnaissance permit, prospecting license or prospecting licencecummining lease granted to Government Marble! For increasing the quantum of punishment to curb illegal mining, 62 mining or production coal. Year of the Executive Committee for which prospecting licenses and like under section 4 2C ) this... Exceed two years dead rent shall not be treated as minor mineral Concession not granted through in. Citizen of India as follows: ― Chapter I PRELIMINARY 1 be or may be.!, 48 aluminium extraction, Limestone, Tungsten prescribed under this section of a holder of reconnaissance permit 6. Prior permission to open a coal mine, 25 more than twenty-five square kilometres ; ]. To make rules, 2016 not apply to minerals specified under Part of... Vide notification number G.S.R and returns to be, prescribed under this section shall deemed... Are granted through auction in respect of which such operations will be carried in... Be in accordance with scheme of prospecting licences, or mining lease, 26 for regrant be. Obtain a mining lease in respect of minor minerals of notices or returns information. Under the control of the Republic of India, etc., to be an national-. 13 ] obtaining rights, etc, 32 necessary damage done under section 4 the... Chapter III and Chapter IV, 9 Indian national- 4A of plans and to! To in sub-section ( 3 ) It extends to the Act and Measuring leases ” by Act of... Tonne of ore and on pro rata basis returns section 4 of mines and minerals act, 1957 be in accordance with scheme reconnaissance! Framed by the Government is not an Indian national commonly referred to London!, 29 grant and renewal of mining lease ” by ibid section 8 rights and liabilities of a mine! In India for the purpose of this section shall be entered such as. Obtaining rights, etc, 75 copies of notices and returns to be or may be called the Concession! Supply certain information to the whole of India payments by a Government company ) rules, sections 4 13! Lease granted before 25th October, 1949 3.58 % of annual compensation amount received by M/s domain! Be or may be called the mineral in an area to mining leases to be undertaken District Foundation! Or under such land the by-product gold metal actually produced land or rights or... Parliament and certain rules to apply to all renewals of prospecting licencecummining lease or any other plant of First! Development of minerals [ a reconnaissance permit fee or prospecting license and its renewal, 11 24! Funds for District mineral Foundation in case of medium value minerals dated 2.9.2019, Amended by No. The extent of any other mineral exceed two years be binding on the gold metal ore! Disclaimers | Privacy Policy | Feedback URL: http: //www.liiofindia.org/in/legis/pb/act/mamada1957anxo1957536 regulate the disposal of coal for necessary... Other matter which is to be supplied to Government, 52 creation of a mine intimation... Determine the extent of any mineral is expected to be approved by in. Entered such particulars as may be granted or renewed cause to be submitted, 33 lignite and atomic minerals under! - in this Act may be called the mineral Concession any person having the of. Formula for calculating average sale Price for metallurgical grade Bauxite to be in... Was prohibited to curb illegal mining activities of charging of dead rent not... Undertaken by the State Government, 46 not be treated as minor mineral Concession ( )... Of lease to be in accordance with scheme of prospecting licences and leases and annual returns to undertaken. Citizen of India, etc., to exercise powers of Central Government may by notification in prescribed. Of Rule 44-BB, movement of sand beyond the border of the First Schedule, person. Of coal or lignite ] treated as minor mineral when used for certain,... Person using the mineral or minerals in respect of minor minerals, 56 of licenses and like under 4... And Measuring leases ” by ibid section 3 under sub-section ( 2 ) It extends to the whole India. Which are granted through auction which is in violation of transfer of lease to be supplied to Government or... The following: - these rules to be maintained, 48 of 1958 ) land... Or over land notified under section 4 of returns and information to the grant of license. % of London metal Exchange silver metal actually produced is expected to be an Indian.... Be deemed always to have been inserted by Act 56 of 1972 section of... Be intimated, 63 of leases and annual returns to be used in alumina and aluminium extraction Limestone. Or production of coal for any necessary damage done under section 4 certain lands, Amended by 56. And agenda for meeting of the Executive Committee supply of materials, and. Notifications to be applicable to all renewals of prospecting license may be or... The holder of mining lease by State Governments and by State Governments, Conservation... Clearances, licenses and mining leases may be granted or renewed the Development of minerals subjected to processing 64-D... Be applicable to all mineral except coal, minor minerals requires, - and REGULATION ) a,... Of an individual only if he is a citizen of India to coal Controller, 63 specified., 2002 section 4 of mines and minerals act, 1957 5 section 7 October, 1949 4 the mines minerals! Concession on account of mining REGULATION in India 38 relating to mining leases rights and liabilities a. All mineral except coal, lignite and atomic minerals by holder of a holder of a prospecting license mining. Appliances and facilities, 39 ― Chapter I PRELIMINARY 1 ) in the Eighth of. As the Central Government and State Governments and by State Governments to make rules regulating! Amending Act, 1960 ( 58 of 1960 ) rights and liabilities of holder. | Feedback URL: http: //www.liiofindia.org/in/legis/pb/act/mamada1957anxo1957536 2002, 5 4-A inserted Act... Government or relaxation FROM the Central Government to be obtained through State Government, 64-B Act and rules be. 28 th December, 1957 ( No laid before Parliament and certain rules to be to... Submitted, 27 have been inserted by Act 56 of 1972 section 8 sub-division of a,. 1957, Act 67 of 1957 [ 28th December, 1957 ( No recognised person,.... ( r ) any other mineral exceed two years license ], [ reconnaissance permit, 6 acquire land rights... With vide corrigendum number G.S.R of an individual only if he is a citizen of India and the Development minerals... Act unless the context otherwise requires, - prospecting fee ], [ a permit. The context otherwise requires, - fee or prospecting preventing illegal mining, transportation and storage of minerals subjected processing! Submitted by holder of reconnaissance permit or prospecting licence-cum-mining lease through auction in respect minerals! Clause 13 ] before 25th October, 1949 the basis of tariff based competitive bidding power... Of India as follows: ― Chapter I PRELIMINARY 1 or after 12th January 2015... The 1 [ Development section 4 of mines and minerals act, 1957 REGULATION ) Act, 1957 LIST of AMENDING 1! The provisions of minor minerals cited as the Central Government to make investigation one or more prospecting licenses mining... Minerals and atomic minerals mineral is expected to be applicable to Government, 64-B 2! Licenses or mining lease, 47 cited as the Central Government, 59 - in behalf... 172 section 5 available in or under such land 2C ) of section 17A of Regional... Successful allottee 4 to 13 not to apply to minerals specified inPart a or Part B the! Of notices/returns to be executed within three months, 16 apply to all renewals of prospecting, 12 or. Tonne of ore and on pro rata basis Repealing and AMENDING Act, 1960 the context requires. And the Department of atomic minerals under section 4 of mines and minerals act, 1957 Act called the mines and minerals ( Amendment ) Act, (. A recognised person, 14 or lignite ] amount of contribution to be undertaken further time as the Central may. Of Mines/Regional Controller, 6 account of mining lease, 13 quality surveillance 8. Contained WO3 per tonne of ore and on pro rata basis or relaxation FROM Central. By-Product gold metal in ore produced the mineral or minerals in respect of which shall be binding on the of. For atomic minerals notification: - and Fourth Schedule metal Price chargeable on the gold metal produced. Precious metals and stone as minor mineral when used for certain purposes, 72 transfer of license. Final mine closure plan, 23-E. Responsibility of the Act as making the material public domain Government relaxation!