19. 2
[Mineral concession to be void if in contravention of Act.]―Any 3
[mineral concession] 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 3
[mineral concession]
4*** and the
aggregate area covered by such 5
[permits, licences or leases], as the case may be, exceeds the maximum
area permissible under section 6, only that 3
[mineral concession] the acquisition of which has resulted in
such maximum area being exceeded shall be deemed to be void.
20. Act and rules to apply to all renewals of prospecting licences and mining leases.―The
provisions of this Act and the rules made thereunder shall apply in relation to the renewal after the
commencement of this Act of any prospecting licence or mining lease granted before such
commencement as they apply in relation to the renewal of a prospecting licence or mining lease granted
after such commencement.
1. Ins. by Act 16 of 2023, s. 16 (w.e.f. 17-8-2023).
2. Subs. by s. 17, ibid., for the marginal heading (w.e.f. 17-8-2023).
3. Subs. by Act 16 of 2021, s. 2, “reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-2021).
4. The words “in any State” omitted by Act 25 of 1994, s. 8 (w.e.f. 25-1-1994).
5. Subs. by Act 38 of 1999, s. 16, for “licences or leases” (w.e.f. 18-12-1999).
33
1
[20A. Power of Central Government to issue directions.―(1) Notwithstanding anything
contained in this Act, the Central Government may issue such directions to the State Governments, as
may be required for the conservation of mineral resources, or on any policy matter in the national
interest, and for the scientific and sustainable development and exploitation of mineral resources.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central
Government may also issue directions in respect of the following matters, namely:―
(i) improvement in procedure for grant of mineral concessions and to ensure co-ordination
among agencies entrusted with according statutory clearances;
(ii) maintenance of internet-based databases including development and operation of a mining
tenement system;
(iii) implementation and evaluation of sustainable development frameworks;
(iv) reduction in waste generation and related waste management practices and promotion of
recycling of materials;
(v) minimising and mitigating adverse environmental impacts particularly in respect of ground
water, air, ambient noise and land;
(vi) ensuring minimal ecological disturbance, in terms of bio-diversity, flora, fauna and habitat;
(vii) promoting restoration and reclamation activities so as to make optimal use of mined out
land for the benefit of the local communities; and
(viii) such other matters as may be necessary for the purposes of implementation of this Act.]
21. Penalties.―2
[(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.
(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.]
(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.
3
[(4) Whenever any person raises, transports or causes to be raised or transported, without any lawful
authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any
other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an
officer or authority specially empowered in this behalf.
(4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be
liable to be confiscated by an order of the court competent to take cognizance of the offence under
sub-section (1) and shall be disposed of in accordance with the directions of such court.]
(5) 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.
1. Ins. by Act 10 of 2015, s. 18 (w.e.f. 12-1-2015).
2. Subs. by Act 10 of 2015, s. 19, for sub-sections (1) and (2) (w.e.f. 12-1-2015).
3. Subs. by Act 38 of 1999, s. 17, for sub-section (4) (w.e.f. 18-12-1999).
34
1
[(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence under sub-section (1) shall be cognizable.]
2
[Explanation.—On and from the date of commencement of the Mines and Minerals (Development
and Regulation) Amendment Act, 2021, the expression “raising,transporting or causing to raise or transport
any mineral without any lawful authority” occurring in this section, shall mean raising, transporting or
causing to raise or transportany mineral by a person without prospecting licence, mining lease or composite
licence 3
[exploration licence] or in contravention of the rules made under section 23C.]
22. 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.
23. Offences by companies.―(1) If the person committing an offence under this Act or any rules
made thereunder is a company, every person who at the time the offence was committed was in charge
of, and was responsible to the company for the conduct of the business of the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), 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.
4
[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 a 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.]
5
[23B. Power to search.―If any gazetted officer of the Central or a State Government authorised by
the Central Government 6
[or a State Government, as the case may be,] in this behalf by genera! 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 3
[or vehicle], 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.]
7
[23C. Power of State Government to make rules for preventing illegal mining, transportation
and storage of minerals.―(1) The State Government may, by notification in the Official Gazette, make
1. Ins. by Act 37 of 1986, s. 16 (w.e.f. 10-2-1987).
2. Ins. by Act 16 of 2021, s. 20 (w.e.f. 28-3-2021).
3. Ins. by Act 16 of 2023, s. 18 (w.e.f. 17-8-2023).
4. Ins. by Act 56 of 1972, s. 13 (w.e.f. 12-9-1972).
5. Ins. by Act 25 of 1994, s. 9 (w.e.f. 25-1-1994).
6. Ins. by Act 38 of 1999, s. 18 (w.e.f. 18-12-1999).
7. Ins. by s. 19, ibid. (w.e.f. 18-12-1999).
35
rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected
therewith.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:―
(a) establishment of check-posts for checking of minerals under transit;
(b) establishment of weigh-bridges to measure the quantity of mineral being transported;
(c) regulation of mineral being transported from the area granted under a prospecting licence or a
mining lease or a quarrying licence 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
thereforand powers of such authority for disposing of such applications; and
(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.
(3) Notwithstanding anything contained in section 30, the Central Government shall have no power
to revise any order passed by a State Government or any of its authorised officers or any authority under
the rules made under sub-sections (1) and (2).]
24. Power of entry and inspection.―(1) For the purpose of ascertaining the position of the
working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with
this Act or the rules made thereunder, any person authorised by the 1
[Central Government or a State
Government] in this behalf, by general 2*** order, may―
(a) enter and inspect any mine;
(b) survey and take measurements in any such mine;
(c) weigh, measure or take measurements of the 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
(f) examine any person having the control of, or connected with, any mine.
(2) Every person authorised by the 1
[Central Government or a State 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 be legally bound to comply with such order or
summons, as the case may be.
3
[24A. 4
[Rights and liabilities of a holder of mineral concession.]―(1) On the issue of a 5
[mineral
concession] under this Act and the rules made thereunder, it shall be lawful for the 6
[holder of such
1. Subs. by s. 20, ibid., for “Central Government” (w.e.f. 18-12-1999).
2. The words “or special” omitted by s. 20, ibid. (w.e.f. 18-12-1999).
3. Ins. by Act 37 of 1986, s. 17 (w.e.f. 10-2-1987).
4. Subs. by Act 16 of 2023, s. 19, for the marginal heading (w.e.f. 17-8-2023).
5. Subs. by Act 16 of 2021, s. 2, for “ reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-3021).
6. Subs. by Act 38 of 1999, s. 21, for “holder of such licence or lease” (w.e.f. 18-12-1999).
36
permit, licence or lease], his agents or his servants or workmen to enter the lands over which 1
[such
permit, lease or licence had been granted] at all times during its currency and carry out all such
2
[reconnaissance, prospecting or mining operations] as may be prescribed:
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.
(2) The holder of a 3
[mineral concession] referred to in sub-section (1) shall be liable to pay
compensation in such manner as may be prescribed to the occupier of the surface of the land granted
under 4
[such permit, licence or lease] for any loss or damage which is likely to arise or has arisen from or
in consequence of the 5
[reconnaissance, mining or prospecting operations].
(3) The amount of compensation payable under sub-section (2) shall be determined by the State
Government in the manner prescribed.]
25. Recovery of certain sums as arrears of land revenue.―6
[(1)] Any rent, royally, 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 1
[mineral concession] may, on a certificate of such officer as may be specified by the
State Government in this behalf by general or special order, be recovered in the same manner as an
arrear of land revenue.
7
[(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 1
[mineral concession] 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 (56 of 1972), together with the interest due thereon shall be a first
charge on the assets of the holder of the 1
[mineral concession], as the case may be.]
26. 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 and impose duties
or authorise the conferring of powers and imposition of duties upon any State Government or any officer
or authority subordinate thereto.
27. Protection of action taken in good faith.―No suit, prosecution or other legal proceedings shall
lie against any person for anything which is in good faith done or intended to be done under this Act.
1. Subs. by s. 21, ibid., for “such lease or licence had been granted” (w.e.f. 18-12-1999).
2. Subs. by s. 21, ibid., for “prospecting or mining operations” (w.e.f. 18-12-1999).
3. Subs. by Act 16 of 2021, s. 2, for “ reconnaissance permit, prospecting licence or mining lease” (w.e.f. 28-3-3021).
4. Subs. by s. 21, ibid., for “such licence or lease” (w.e.f. 18-12-1999).
5. Subs. by s. 21, ibid., for “mining or prospecting operations” (w.e.f. 18-12-1999).
6. Section 25 re-numbered as sub-section (1) thereof by Act 56 of 1972, s. 14 (w.e.f. 12-9-1972).
7. Ins. by Act 56 of 1972, s. 14 (w.e.f. 12-9-1972).
37
28. Rules and notifications to be laid before 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 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.]
(2) Without prejudice to the generality of the rule making power 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 modifications, by each House of Parliament.
2
[(3) Every rule and every notification made by the State Government under this Act shall be laid, as
soon as may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists one House, before that House.]
29. Existing rules to continue.―All rules made or purporting to have been made under the Mines
and Minerals (Regulation and Development) Act, 1948 (53 of 1948), shall, insofar as they relate to
matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have
been made under this Act as if this Act had been in force on the date on which such rules were made and
shall continue in force unless and until they are superseded by any rules made under this Act.
3
[30. Power of revision by Central Government.―The Central Government may, of its own
motion or on an application made within the prescribed time by an aggrieved party,―
(a) revise any order made by a State Government or other authority in exercise of the powers
conferred on it by or under this Act with respect to any mineral other than a minor mineral; 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 therefore, pass such order as it may think fit and appropriate in
the circumstances:
Provided that in cases covered by clause (b) the Central Government shall, before passing any
order under this clause, give an opportunity of being heard or to represent in the matter.]
4
[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 sub-section (1) of section 16 shall not apply to or in relation to mining leases granted before the 25th
day of October, 1949, in respect of coal, but the Central Government, if it is satisfied that it is expedient
so to do, may, by notification in the Official Gazette, direct that all or any of the said provisions
(including any rules made under sections 13 and 18) shall apply to or in relation to such leases subject to
such exceptions and modifications, if any, as may be specified in that or in any subsequent notification.]
5
[30B. Constitution of Special Courts.―(1) The State Government may, for the purposes of
providing speedy trial of offences for contravention of the provisions of sub-section (1) or
sub-section (1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for
such area or areas, as may be specified in the notification.
(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with
the concurrence of the High Court.
1. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 12-9-1972).
2. Ins. by Act 25 of 1994, s. 10 (w.e.f. 25-1-1994).
3. Subs. by s. 20, for section 30 (w.e.f. 12-1-2015).
4. Ins. by Act 15 of 1958, s. 2 (w.e.f. 15-5-1958).
5. Ins. by Act 10 of 2015, s. 21 (w.e.f. 12-1-2015).
38
(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has
been a District and Sessions Judge.
(4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court
within a period of sixty days from the date of such order.
30C. Special Courts to have powers of Court of Session.―Save as otherwise provided in this Act,
the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to the proceedings before the Special
Court and for the purpose of the provisions of this Act, the Special Court shall be deemed to be a Court
of Session and shall have all powers of a Court of Session and the person conducting a prosecution
before the Special Court shall be deemed to be a public prosecutor.]
31. Relaxation of rules in special cases.―The Central Government may, if it is of opinion that in
the interests of mineral development it is necessary so to do, by order in writing and for reasons to be
recorded, authorise in any case the grant, renewal or transfer of any 1
[mineral concession], or the
working of any mine for the purpose of searching for or winning any mineral, on terms and conditions
different from those laid down in the rules made under section 13.
32. [Amendments to Act 53 of 1948].―Rep. by the Repealing and Amending Act, 1960 (58 of 1960),
s. 2 and the First Schedule (w.e.f. 26-12-1960).
33. Validation of certain acts and indemnity.―All acts of executive authority done, proceedings
taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 1948 (53
of 1948), with respect to the regulation of mines and the development of minerals during the period
commencing on the 26th day of January, 1950, and ending with the date of commencement of this Act
by the Government or by any officer of the Government or by any other authority, in the belief or
purported belief that the acts, proceedings of sentences were being done, taken or passed under the said
Act, shall be as valid and operative as if they had been done, taken or passed in accordance with law, and
no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the
ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with
law.