(1) The Central
Government may, by notification in the Official Gazette, make rules for regulating the grant of 1[mineral
concession] in respect of minerals and for 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) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor;
3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B;
(ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B;
(ac) the level of exploration in respect of deep seated minerals or such minerals and the procedure, including the bidding parameters for selection of the holders under the proviso to sub-section (2) of section 10C;]
(b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent;
(c) the matters which may be considered where applications in respect of the same land are received on the same day;
4[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite;
(da) the regulation of grant of 5[mineral concession] or 6[composite licence] in respect of coal or lignite;
(db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations;
(dc) utilisation of coal or lignite including mining for sale by a company]
(e) the authority by which 5[mineral concession] in respect of land in which the minerals vest in the Government may be granted;
(f) the procedure for obtaining 7[a 5[mineral concession] 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 8[a permit, licence or lease may be granted or renewed;
(g) the terms on which, and the conditions subject to which, may other 5[mineral concession] 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;
9[(i) the fixing and collection of fees for 5[mineral concession] 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;]
(j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 5[mineral concession];
10[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;]
(k) the grouping of associated minerals for the purposes of section 6;
(l) the manner in which, and the conditions subject to which, 11[a 5[mineral concession]] may be transferred;
(m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease;
(n) the form of registers to be maintained under this Act;
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(p) the reports and statements to be submitted by holders of 5[mineral concession or owners of mines and the authority to which such reports and statements shall be submitted;
(q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 9 the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; and
13[(qq) the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 14***
15[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B;
(qqb) the manner of usage of funds accrued to the National Mineral Exploration Trust under sub-section (2) of section 9C;
(qqc) the composition and functions of the National Mineral Exploration Trust under sub-section (3) of section 9C;
(qqd) the manner of payment of amount to the National Mineral Exploration Trust under sub-section (4) of section 9C;
(qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B;
(qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B;
(qqg) the time limits for various stages in processing applications for grant of mining lease or 16[composite licence] under sections 10B, 11, 11A, 11B, and section 17A, and their renewals;
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(qqi) the terms and conditions for grant of 18[composite licence] under sub-section (4) of section 11;
(qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11;
18[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;]
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21[(r) the period of mining lease under sub-section (4) of section 8;
(s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8;
(t) themanner ofsale of mineral undersub-section (7A) ofsection 8A;
(u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A;
(v) the manner of granting mining lease to the preferred bidder underthe second proviso to subsection (4) of section 10B;
(w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11;
(x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11;
(y) any other matter which is to be, or may be prescribed, under thisAct.]
(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) the person by whom, and the manner in which, applications for 2[mineral concession] in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefor;
3[(aa) the conditions as may be necessary for commencement and continuation of production by the holders of mining leases, under section 4B;
(ab) the conditions to be fulfilled by the new lessee for obtaining all necessary rights, approvals, clearances, licences and the like under the proviso to sub-section (2) of section 8B;
(ac) the level of exploration in respect of deep seated minerals or such minerals and the procedure, including the bidding parameters for selection of the holders under the proviso to sub-section (2) of section 10C;]
(b) the time within which, and the form in which, acknowledgement of the receipt of any such application may be sent;
(c) the matters which may be considered where applications in respect of the same land are received on the same day;
4[(d) the terms, conditions and process of auction by competitive bidding and allotment in respect of coal or lignite;
(da) the regulation of grant of 5[mineral concession] or 6[composite licence] in respect of coal or lignite;
(db) the details of mines and their location, the minimum size of such mines and such other conditions which may be necessary for the purpose of coal or lignite reconnaissance, prospecting or mining operations;
(dc) utilisation of coal or lignite including mining for sale by a company]
(e) the authority by which 5[mineral concession] in respect of land in which the minerals vest in the Government may be granted;
(f) the procedure for obtaining 7[a 5[mineral concession] 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 8[a permit, licence or lease may be granted or renewed;
(g) the terms on which, and the conditions subject to which, may other 5[mineral concession] 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;
9[(i) the fixing and collection of fees for 5[mineral concession] 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;]
(j) the manner in which rights of third parties may be protected (whether by payment of compensation or otherwise) in cases where any such party may be prejudicially affected by reason of any 5[mineral concession];
10[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section 5;]
(k) the grouping of associated minerals for the purposes of section 6;
(l) the manner in which, and the conditions subject to which, 11[a 5[mineral concession]] may be transferred;
(m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on any land comprised in a mining lease;
(n) the form of registers to be maintained under this Act;
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(p) the reports and statements to be submitted by holders of 5[mineral concession or owners of mines and the authority to which such reports and statements shall be submitted;
(q) the period within which applications for revision of any order passed by a State Government or other authority in exercise of any power conferred by or under this Act, may be made 9 the fees to be paid therefore and the documents which shall accompany such applications] and the manner in which such applications shall be disposed of; and
13[(qq) the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and the like destroyed by reason of any prospecting or mining operations shall be made in the same area or in any other area selected by the Central Government (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;] 14***
15[(qqa) the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of section 9B;
(qqb) the manner of usage of funds accrued to the National Mineral Exploration Trust under sub-section (2) of section 9C;
(qqc) the composition and functions of the National Mineral Exploration Trust under sub-section (3) of section 9C;
(qqd) the manner of payment of amount to the National Mineral Exploration Trust under sub-section (4) of section 9C;
(qqe) the terms and conditions subject to which mining leases shall be granted under sub-section (3) of section 10B;
(qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted including the bidding parameters for the selection under sub-section (5) of section 10B;
(qqg) the time limits for various stages in processing applications for grant of mining lease or 16[composite licence] under sections 10B, 11, 11A, 11B, and section 17A, and their renewals;
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(qqi) the terms and conditions for grant of 18[composite licence] under sub-section (4) of section 11;
(qqj) the terms and conditions, and procedure, including the bidding parameters for the selection under sub-section (6) of section 11;
18[(qqja) the terms and conditions and amount or transfer charges under the proviso to sub-section (6) of section 12A;]
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21[(r) the period of mining lease under sub-section (4) of section 8;
(s) the manner of sale of mineral by the holder of a mining lease under sub-section (5) of section 8;
(t) themanner ofsale of mineral undersub-section (7A) ofsection 8A;
(u) the manner for reimbursement of expenditure towards reconnaissance permits or prospecting operations under the second proviso to clause (b) of sub-section (2) of section 10A;
(v) the manner of granting mining lease to the preferred bidder underthe second proviso to subsection (4) of section 10B;
(w) the manner of granting composite licence to the preferred bidder under the second proviso to sub-section (5) of section 11;
(x) the manner of granting mining lease by the State Government to the holder of the composite licence under sub-section (10) of section 11;
(y) any other matter which is to be, or may be prescribed, under thisAct.]
1. Subs. by Act 16 of 2021, s. 18, for "prospecting licences and mining leases" (w.e.f. 28-3-2021).
2. Subs. by Act 16 of 2021, s. 18, for "reconnaissance permits, prospecting licences and mining leases" (w.e.f. 28-3-2021).
3. Ins. by Act 2 of 2020, s. 8 (w.e.f. 10-1-2020).
4. Subs. by Act 2 of 2020, s. 8, for clause (d) (w.e.f. 10-1-2020).
5. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-2021).
6. Subs. by Act 16 of 2021, s. 2, for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021).
7. Subs. by Act 38 of 1999, s. 14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999).
8. Subs. by s. 14, ibid., for "a licence or lease" (w.e.f. 18-12-1999).
9. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987).
10. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015).
11. Subs. by Act 38 of 1999, s.14, for "a prospecting licence or a mining lease" (w.e.f. 18-12-1999).
12. Omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987).
13. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987).
14. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987).
15. The word "and" omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015).
16. Ins. by s. 14, ibid. (w.e.f. 12-1-2015).
17. Subs. by Act 16 of 2021, s. 2, for "prospecting licence-cum-mining lease" (w.e.f. 28-3-2021).
18. Clause (qqh) omitted by s. 18, ibid. (w.e.f. 28-3-2021).
19. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016).
20. Clause (qqk) omitted by Act 16 of 2021, s. 18 (w.e.f. 28-3-2021).
21. Subs. by Act 16 of 2021, s. 18, for clause (r) (w.e.f. 28-3-2021).