Submission of final mine closure plan. The Central government may by notification in the Official [(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. for obtaining a prospecting licence or a mining lease in respect of any land in one or more mining leases covering a total area of more than Government may having regard to the provisions of this Act and any rules 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. Issue of notification where prospecting operations are to be undertaken. 53. Substituted for the word 4. in ore produced, 14.5% of London Metal Exchange Lead metal price 3. Manner of exercise of preferential rights for mining lease, 35. operations or mining operations as the case may be possesed by the applicant; (b) the Notice of shaft sinking and boreholes, 49. Zircon, 4.13% of London Metal Exchange Copper metal Application for prospecting license and its renewal, 11. [8A. leases for coal granted before 25th October, 1949. 4.5% of London Metal Exchange Silver metal Prohibition of deployment in certain cases, 60. (i) no concession shall be granted to a person not in possession of a certificate of approval [clause 5(1)]; (ii) the maximum period for which a prospecting license or a mining lease may be granted [clauses 7 and 8]; (iii) the power to prescribe rates of royalty for various minerals [clause 9 and Schedule II]; (iv) applications for prospecting licenses and mining leases to be made in prescribed forms [clause 10(1)]; (v) the priorities to be observed in ths.grant of prospecting licenses and mining leases [clause 11(2)]; and. auction), (i) Bauxite 31. Mining operations to be in accordance with mining plans, 16. authorise the renewals of a mining lease for a further period purpose of undertaking prospecting operations; (h) These rules may be called the Mineral Concession Rules, 1960. Approval and submission of mining plan, 16. minerals and for purposes connected therewith. The Central Government may by notification in the Official License to be executed within three months, 16. By way of Rule 44-BB, movement of sand beyond the border of the State of Gujarat was prohibited. Provided also that no lease shall be revived under the third proviso for more than twice during the entire period of the lease.]. MINING OPERATIONS IN CERTAIN CASES, Special provisions relating to mining any minor mineral for more than once during 4-A inserted by Act 56 of 1972, section 2. Modification of scheme of reconnaissance or prospecting. [18A. Preferential rights of certain persons, 37-A. Central Government may by notification in the Official Gazette make rules for any area Geophysical data to be supplied to the Geological Survey of India and the Department of Atomic Energy. sub-section, a person shall be deemed to hold a certificate of approval Restrictions on determination of lease, 31. Act; (g) notification : Provided that the Central Government 7. other matter which is required to be or may be prescribed.]. (4) 28. Change of name, nationality, etc. the dead rent shall be payable in respect of any area covered shall take effect ], PROCEDURE FOR OBTAINING PROSPECTING LICENCES, OR (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), UNDERTAKE PROSPECTING OR MINING OPERATIONS. 2. 37. in the instrument of lease : Provided that where the holder of (c) for the principles on which, the manner in which, and the authority by which, the said compensation shall be determined. price on ad valorem basis, 11.5% of the average sale price on ad valorem minerals (2) (i) the expressions, "mine" and "owner", have the meanings assigned to them in the Mines Act, 1952. 54. chargeable on the contained tin metal in ore produced, 7.5% of London Metal Exchange Tin metal price that such exploration or exploitation does not interfere with navigation ; and, (d) any undertake prospecting or mining operations in certain lands -(1)  The provisions of this section shall apply 1[*  *] in respect of land in which the minerals other than the Government and the terms on exceeding in each case the period for which the mining lease was originally Prospecting or mining operation by State Governments, Mineral Conservation and Development Rules, 1988, 3-B. notification of all new borings an shaft sinkings and the preservation of         the manner in Special provisions relating to atomic minerals, 70. 1[4A. Applicability of the provisions of Minor Mineral Concession Rules framed by the State Government, Marble Development and Conservation Rules, 2002, 5. Mining plan to be submitted by the existing lessee, 13. Submission of records/reports regarding research in geology or mining, 62. lease in respect of such mineral in favour of such Government company or corporation Assessment of compensation for damage. aluminium metal in ore, Brown Ilmenite (Leucoxene) Ilmenite, Rutile and (a) the Status of the grant on the death of applicant for mining lease, 26. vest in the Government may be made and the fee to be paid therefor ; (b) make a premature termination of a mining lease 6 of 1963, section 2 and Notice for opening of a mine and intimation of existence of a mine, 25. (3) It shall come into force on such date as the Central Government may, by notification in the Official 5.0% of London Metal Exchange Silver metal price (e) the authority by which [reconnaissance permits, prospecting licenses or mining leases] in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining a [reconnaissance permit, a prospecting licenses or a mining lease] in respect of any land in which the minerals vest in a person other than the Government and the terms on which, and the conditions subject to which, such [a permit, license or lease] may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other [reconnaissance permit, prospecting license or mining lease] may be granted or renewed; (h) the facilities to be afforded by holders of mining leases to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; [(i) the fixing and collection of fees for ] [reconnaissance permits, prospecting licenses or mining leases][ surface rent, security deposit, fines, other fees or charges and the time within which and the manner in which the dead rent or royalty shall be payable;]. Additional conditions for commencement and continuation of production as per section 4B of the Act. [5. Beneficiation studies to be carried out. holder of a mining lease or any other mineral concession granted under any rule 12. Provisions for transfer of statutory clearances. Schedule in respect of that mineral. Special Powers Of Central Government To Undertake Prospecting Or Mining Operations In Certain Cases, (b) state whether [reconnaissance, prospecting or mining operations] will be carried out in the area; and. 10. State Government regulating the grant of 1[quarry leases mining System to be established by the State Government for mining plan. Power to authorise Geological Survey of India, etc., to make investigation. Note. Submission of copy of licence or lease. 18. mining leases covering an area in excess of the aforesaid total area ; (c) for which prospecting licences may be granted or renewed. ], [(1-A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder. of exploration and exploitation of minerals within the territorial waters of (a) specify for all the areas included chargeable on the contained lead metal in ore produced, 8.5% of London Metal 23. regulating the grant of 3[quarry leases mining leases or other The Central Government may by notification in the Official The Mines and Minerals (Development and Regulation) Act, 1957 ————-The Mines and Minerals (Development and Regulation) Act, 1957 (Act No. 7. area referred to in sub-section (1)  the Disclaimers reform such mining lease shall be Explanation.- For the purposes of this LIIofIndia: regulation of mines and the development of minerals under the control of the lease may be transferred; (m) Applicability of the provisions of Minor Mineral Concession Rules framed by the State Government. Termination of mineral concession not granted through auction which is in violation of transfer norms. LEASES. 2. Grant of a mining lease through auction in respect of mining leases after expiry of the mining lease period and of leases which have been surrendered, determined or lapsed. *Rates of royalty in respect of item at Sl. 14. area whichever is greater. in the case of mica, exceed one year ; and. any mineral more than once during any Mining operations to be in accordance with mining plans, 22-B. 432, dated 29.5.1958, published in the Gazette of India, Extraordinary, Part II, Section 3(i), p. 225. 8. 33. the reports and statements to be submitted by holders of 1. Short title, extent and commencement.-(1) This Act may be called the Mines and Minerals 1 [(Development and Regulation)] Act, 1957. Power of the Central Government to amend Schedule A. or (b)        Where the rights under any mining lease ], (b) Where the rights under any mining lease, granted by the proprietor of an estate or tenure before the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972, have vested, on or after the 25th day of October, 1949, in the State Government in pursuance of the provisions of any Act of any Provincial or State Legislature which provides for the acquisition of estates or tenures or provides for agrarian reform, such mining lease shall be brought into conformity with the provisions of this Act and the rules made thereunder within ]. Grant of mining lease at the instance of Department. Failure on the part of the appellant to disclose the same leads to the presumption that the appellant was involved in illegal mining activity and these activities would result in an action to be taken under section 21 read with section 4(1)(a) of The Mines and Minerals (Development and Regulation) Act, 1957. renewal thereof; (e) Examination of mineral deposits and taking of samples, 56. 1 [development and regulation of mines and minerals] under the control of the Union. section 4. and includes a sub-lease granted for such Sub-section (3) inserted and shall be deemed always to have been Bullion Market Association Price (commonly referred to as London that the State Government shall not enhance the rate of royalty in respect of Lease to be executed within six months, 34. (1) Where the Central Government, after consultation with the State Government, is of opinion that it is expedient in the interest of regulation of mines and mineral ---------------------------------------------------------------- ---------------------------------------------------. Concept of charging of dead rent shall not be right  for obtaining a mining lease in (b) satisfies such conditions as may be prescribed: (i) an allocation order has been issued by the Central Government under section 11A; or, (ii) a notification of reservation of area has been issued by the Central Government or the State Government under sub-section (1A) or sub-section (2) of section 17A; or. Provided that in respect of any mineral specified in, [Where, in exercise of the powers conferred by sub-section (1-A) or sub-section (2), the Central Government or the State Government, as the case may be,], [undertakes prospecting or mining operations in any area in which the minerals vest in a private person, it shall be liable to pay prospecting fee, royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this Act if such prospecting or mining operations had been undertaken by a private person under prospecting license or mining lease. Facilities for undertaking research or training. Be it enacted by Parliament in the Eighth Year of the Republic of India as follows :-PRELIMINARY. On receipt of an application under this section the State lease to an applicant (1)  Substituted by M M (R D) Amendment Act, 1999, vide G.O.I. Copies of notices/returns to be submitted to the State Government, 53. 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. Applicability of Chapter II, Chapter III and Chapter IV, 9. or corporation owned or controlled by Government as it may think fit. 2. Power of Central Government to issue directions. mineral; 1The Act THE MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1957, ACT 67 OF 19571 [28 TH December, 1957.] Prospecting to precede mining operations, 5. sub-section (1) so that the sum Supply of materials, appliances and facilities, 45. Penalties. Intimation about prospecting operations, 11. 24. chargeable on the gold metal in ore produced. minerals in India and for that purpose the 30. granted; (f) licence may be granted shall not-, (a) owned or controlled 349(E), dated the 10th May, 2012 read with vide corrigendum number G.S.R. thereof that may be kept by any person; (g) the (b) With 40% or more Schedule I and to Pondichery by Regulation 7 of section 3 and Schedule I. mineral and grant a fresh Power of State Government to collect funds for District Mineral Foundation in case of minor minerals. (1) ]. to matters, Substituted for the words “prospecting licenses and Measuring leases” by 67 OF 1957 [28 th December, 1957.] may think fit. 30.5.1987); (2) Dadra and Nagar Haveli by Regulation 6 of 1963, and (3) Pondicherry by Regulation 7 of 1963. Power to modify mining leases granted (b) survey and take measurements in any such mine; (c) weigh, measure or take measurements of the stocks of minerals lying at any mine; (d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record; (e) order the production of any such document, book, register, record, as is referred to in clause (d); and. ..... . mining lease granted before 25th October 1949. Government grant a prospecting licence or a mining within six months from Implementation of projects by the Executive Committee. special reasons to be recorded and with the previous approval of the Central (a) the person by whom and the manner in which, applications for quarry leases, mining leases or other mineral concessions may be made and the fees to be paid therefor; (b) the time within which, and the form in which, acknowledgment of the receipt of any such applications may be sent; (c) the matters which may be considered where applications in respect of the same land are received within the same day; (d) the terms on which, and the conditions subject to which and the authority by which quarry leases, mining leases or other mineral concessions may be granted or renewed; (e) the procedure for obtaining quarry leases, mining leases or other mineral concessions; (f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral concessions to persons deputed by the Government for the purpose of undertaking research or training in matters relating to mining operations; (g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time within which and the manner in which these shall be payable; (h) the manner in which rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is prejudicially affected by reason of any prospecting or mining operations; (i) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operations shall be made in the same area or in any other area selected by the State Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarrying or mining lease; (j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other mineral concession may be transferred; (k) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passage for water for mining purposes on any land comprised in a quarry or mining lease or other mineral concession; (l) the form of registers to be maintained under this Act; (m) the reports and statements to be submitted by holders of quarry or mining leases or other mineral concessions and the authority to which such reports and statements shall be submitted; (n) the period within which and the manner in which and the authority to which applications for revision of any order passed by any authority under these rules may be made, the fees to be paid therefor, and the powers of the revisional authority; and, (o) any other matter which is to be, or may be, prescribed.]. [7. conditions of the accompanied the prescribed fee. prospecting licences or mining leases in respect of land in which the Sand not be treated as minor mineral when used for certain purposes, 72. (See section 49(2) of this Act). price chargeable on the contained copper metal in ore produced, 10.5% of Average sale may not in any case exceed the total area specified in sub-section Power of State Government to make rules in respect of Formula for calculating average sale price for metallurgical grade Bauxite to be used in alumina and aluminium extraction, Limestone, Tungsten. mining operations to be under licence or lease (1)  No person shall undertake any prospecting or for the purpose of exploring locating or proving mineral deposits ;and. area in accordance Encumbrance and enforcement of security interest. Renewal of a prospecting licence of the composite licence. allotted without auction), Advalorem in percentage of average sale price the case of an individual only if he is a citizen of India. Separate stacking of nonsaleable minerals. sand used for prescribed purposes and any [(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. development of mineral resources in any area; (e) the (2)  In particular an without prejudice to the which the minerals vest in a person Guidelines for computing royalty on minerals on ad valorem basis, 66. to be intimated. (3)  inserted by Act 56 of 1972 section the Central Government undertakes prospecting or mining operation in 6. Copies of licenses and leases and annual returns to be supplied to Government, 59. Payment of compensation to owner of surface rights etc. (a) in 40. for the time being in the rules framed by the 11. Subgrade minerals to be brought to surface. 31. for prospecting licences or mining lease - (1)  An application for a prospecting licence or a mining lease in ], [(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offense under sub-section (1) shall be cognizable. 1[13A. (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. 29th May 1958, see Gazette of India 1953 Extraordinary, Part II, 12A. (2) It was amended in 2015 and 2016. Mining plan to be submitted by the existing lessee, 19. Explanation.- For the purposes of this RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS, Prospecting or mining 4B. 66. State Government in respect of minor minerals; Provided mining lease granted before 25, SPECIAL POWERS OF CENTRAL GOVERNMENT TO UNDERTAKE PROSPECTING OR Government is of opinion that it is expedient in the interest of regulation (2) tonne of ore and on pro rata basis. Rights of existing concession holders and applicants. Modification and review of the mining plan. (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; [*]. 13A. [23C. namely :-. Communication of transfer or assignment, 53. granted the mining lease. Power of State Government to collect funds for District Mineral Foundation in case of minor minerals. such party any be prejudicially affected 28. Rules and notifications to be laid before Parliament and certain rules to be approved by Parliament. Obligation to supply other information, 45. 2Substituted for the words “prospecting licenses and Measuring leases” by 8. (a) establishment of check-posts for checking of minerals under transit; (b) establishment of weigh-bridges to measure the quantity of mineral being transported; (c) regulation of mineral being transported from the area granted under a prospecting license or a mining lease or a quarrying license or a permit, in whatever name the permission to excavate minerals, has been given; (d) inspection, checking and search of minerals at the place of excavation or storage or during transit; (e) maintenance of registers and forms for the purposes of these rules; (f) the period within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid therefor and powers of such authority for disposing of such applications; and. matters specified in sub-section (3)  may grant the prospecting licence or mining whether prospecting or mining operations will be carried out in the area ; and. by-product gold metal actually produced. Section 1. 25. into consideration the 62. Period for which leases may be granted or renewed, 7. to be void if in contravention of Act. 1The word “only omitted by Act 56 of 1972 section 10. | (2) lease or in any law in force at such commencement submission of samples of minerals from any mine by the owner thereof and the Notwithstanding anything contained in sub-section (2) but 2.95% of London Bullion Market Association Price Rights under the provisions of clause(c) of subsection (2) of section 10A. (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). Short title, extent and commencement. 3. Approval of the Annual Plan and the Annual Budget. 16. respect of than 1.5 percent silica content), 0.11 % of London Metal Exchange Nickel metal 2[(3)  The mines), Advalorem in percentage of average sale price minor minerals. THE 12. prospecting licence or mining lease shall be