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Mining Law: Shailendra Trivedi Officer On Special Duty Mineral Resources Department Government of Chhattisgarh
Mining Law: Shailendra Trivedi Officer On Special Duty Mineral Resources Department Government of Chhattisgarh
Shailendra Trivedi
Officer on Special Duty
Mineral Resources Department
Government of Chhattisgarh 1
MINERAL ARE SOURCE OF WEALTH
C H H A T T IS G A R H P R A DE SH
24°
M IN E R A L M A P 2 4°
Coal
N N
B a ik u n t h p u r
Iron ore
( K o ri a )
A m b ik a p u r
( S u rg u ja )
Jash pu r
Bauxite
K o rb a
R a ig a r h
22 ° B i la s p u r 2 2°
N J a n jg ir N
K a b ir d h a m
M A H A R A SH T R A
Dolomite
D h a m ta r i M in e r a l In d e x
C o al
Kanker
20°
Ir o n O r e 20 °
Tin ore
N N
B a u x ite
L im e s to n e
D o lo m ite
Diamond D a n te w a r a
J a g d a lp u r T in O r e ( C a s s it e r it e )
D ia m o n d
G o ld
Corundum 18°
N
82° E
0 75
B a s e -M e ta ls
150 km
84 ° E
18°
N
3
CONSTITUTION OF INDIA
Seventh Schedule
List I - Union List
Entry 54. Regulation of mines and
mineral development to the extent to
which such regulation and
development under the control of the
Union is declared by Parliament by
law to be expedient in the public
interest
CONSTITUTION OF INDIA….
Seventh Schedule
List II – State List
Entry 23.Regulation of mines and
mineral development subject to
the provision of List I with respect
to regulation and development
under the control of the Union
CONSTITUTION OF INDIA….
8
LEGAL STATUS OF MINING IN INDIA
LAW GOVERNING THE MINES
AND MINERALS IN THE COUNTRY
ARE PLACED UNDER TWO
CLASSIFICATION :
REGULATION AND
DEVELOPMENT
SAFETY AND WELFARE OF MINES
ACT :
• INDIAN MINES ACT, 1952
RULES :
• THE MINES RULES - 1955
• THE COAL MINES REGULATION - 1957
• THE COAL MINES RESCUE RULES - 1959
• THE MINES CRECHE RULES – 1963
•THE MINES VOCATIONAL TRAINING
RULES - 1966
REGULATION AND DEVELOPMENT
ACTS
OIL FIELDS (REGULATION AND DEVELOPMENT)
ACT, 1948
COAL BEARING AREA (ACQUISHITION AND
DEVELOPMENT) ACT-1952
MINES AND MINERAL (DEVELOPMENT AND
REGULATION) ACT-1957
THE COKING COAL MINES (EMERGENCY
PROVISION) ACT - 1971
COAL MINES (NATIONALISATION) ACT - 1973
THE COAL MINES (CONSERVATION AND
DEVELOPMENT) ACT-1974
REGULATION AND DEVELOPMENT
RULES :
Grantie Conservation And Development
Rule – 1999
Auction By Competitive Bidding of Coal
mines Rules, 2012
Mineral (Auction) Rules, 2015.
Minerals (Evidence of Mineral Contents)
Rules, 2015
REGULATION AND DEVELOPMENT
RULES :
COAL MINES CONSERVATION AND
SAFETY RULE - 1954
MINERAL CONCESSION RULES – 1960
MINERAL (other than Atomic and Hydro
Carbons Energy Minerals) CONCESSION
RULES – 2016
MINERAL CONSERVATION AND
DEVELOPMENT RULES - 1988
REGULATION AND DEVELOPMENT
RULES :
Marble Development And
Conservation Rules - 2002
Colliery Control Rules – 2004
Mines And Minerals ( Contribution
To District Mineral Foundation)
Rules, 2015
Acts and Rules Framed by State
15
Act and Rules framed by the State
Chhattisgarh Mineral development Fund Act,
2003
Chhattisgarh Mineral development Fund Rules,
2004
Chhattisgarh Minerals (Mining, Transportation &
Storage) Rules, 2009
Chhattisgarh Minor Mineral Rules – 2015
Chhattisgarh Minor Mineral Sand Mining and
Trading Regulation Directions ,2006
Chhattisgarh District Mineral Foundation Rules
2016 16
Rules framed by State
17
What is:-
Minerals : Minerals includes all minerals
expect mineral oils
Mining: The process of obtaining minerals
from mine
Mines: Mine means any excavation where
any operation for the purpose of searching
for or obtaining minerals has been or is
being carried on and includes:
Mining operations : means any operations
undertaken for the purpose of winning any
mineral; 18
SECTION - 4 OF MMDR ACT, 1957
Restriction For Mining And Prospecting Operation
No person shall undertake any reconnaissance
prospecting or mining operations in any area,
expect under and in accordance with the terms
and conditions of a reconnaissance permit or of a
prospecting licence or, as the case may be, a
mining lease, granted under the mmrd act and
the rules made thereunder.
Provided that nothing in this sub-section shall
apply to any prospecting operation undertaken
by GSI, IBM, AMD of central government and
the DGM of any state government.
SECTION - 4 OF MMDR ACT, 1957
Minor Minerals
And
All Other Minerals
SECTION 14 :- The provisions of sections
5 to 13 (inclusive) shall not apply to
quarry lease, mining lease in respect of
minor minerals
Section – 17A Reservation Of Area For
Purpose Of Conservation
(2)The state government, may with the approval
of the central government, reserve any area not
already held under any PL or ML, for
undertaking prospecting and mining operation
through a government company or corporation
owned or controlled by it and where it
proposed to do so it shall by notification in the
official gazette, specify the boundaries of such
area and the mineral or minerals in respect of
which area will reserved
PENALTIES
SECTION-21: (1) Whoever
contravenes the provisions of sub
section (1) or (1A) of Sec.4 shall be
punished with imprisonment for a
term which may extend to five
years and fine which may extend to
five lakh rupees per hectare of the
area.
Penalties
(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 and fine which may
extend to five lakh rupees or both and in
case of 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
Penalties…
Section 21(5):
Whenever any person raises without
any lawful authority, any mineral from
any land, the State Government may
recover from such person the minerals
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.
Cognizance of offences
Section 22.
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 authorized in this
behalf by the Central Government
or the State Government.
Compounding of Offences
Section 23A.
(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, 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.
Penalties…
SECTION – 23 A: COMPOUNDING OF OFFENCES
39
Rule 57. Amalgamation of leases
(4) Period of amalgamated leases shall be co-terminus
with the lease whose period expires first.
(5) The leases situated within the distance of 50 meters,
from each other in all directions, may be treated as
adjoining leases: Provided that amalgamation of
leases shall not be allowed where any all-weather
road or nala or river or canal or high-tension power
line or railway line or any other restricted structure is
falling within the above mentioned area of 50 meters.
(6) The area between the lease as mentioned in sub-rule
(5) shall be the part of the amalgamated lease
40
Rule 59. Permission for disposal of minor
minerals obtained during excavation Work
1) The Collector shall grant permission for
removal and use of any such Minor
Minerals obtained during deepening or
widening Panchayat ponds/ tanks, well,
water reservoir or any other digging work.
(2) The said permission shall be granted on
payment of an amount e equivalent to
royalty of such mineral in advance, for the
specified quantity and period.
41
Rule 60-Permission for disposal of Minor
Minerals from Mining Lease area
The Collector shall grant permission for
transportation or use of any Minor
Minerals obtained during mining
operations within the mining leas area for
the purpose of construction activities of the
Government including local government
bodies: Provided that in case of use of
Minor Mineral, collected within the Mining
Lease area, by other than works
department of the State Government,
42
Rule 60-Permission for disposal of Minor Minerals …