Mines and Minerals (Development and Regulation ) Act,1957
Act No : 67
Section :
Powers of central Government to make rules in respect of minerals.
13. Powers of central Government to make rules in respect of minerals. (1)The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of prospecting licences and mining leases 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 prospecting licences or mining leases in respect of land in which the minerals vest in the Government may be made and the fees to be paid therefore ; (b) the time within which, and the form in which, acknowledgment of the receipt of any such application may be sent respect of the same land are received on the same day: (c) the matters which may be considered where application in respect of the same land are received on the same day. 1 * * * * * * * * (e) the authority by which prospecting licences or mining leases in respect of land in which the minerals vest in the Government may be granted; (f) the procedure for obtaining a prospecting licence 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 --------------------------------------------------------------------- 1. omitted by act 37 of 1986,s.11 (w.e.f.10-2-1987). -------------------------------------------------------------------- 95 which, and the conditions subject to which, such a licence or lease may be granted or renewed; (g) the terms on which, and the conditions subject to which, any other prospecting licence 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 ; 1.[(i) The fixing and collection of fees for prospecting licences or mining leases, surface rent, security deposit, fines, other fees or charges and the time within which and the a 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 an such party may be prejudicially affected by reason of an prospecting or mining operations; (k) the grouping of associated minerals for the purposes of section 6 ; (l) the manner in which, and the conditions subject to which, a prospecting licence or a mining lease 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; 2 * * * * * * * (p) the reports and statements to be submitted by holders of prospecting licences 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 3*["the fees to be paid therefor and the documents which accompany such applications"] and the manner in which such applications shall be disposed of; and 1[(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 pros- pecting licence or mining lease."] --------------------------------------------------------------------- 1 Subs by Act 37 of 1986 s.11(w.e.f. 10-2-1987). 2. Omitted by s.11, ibid. 3. Ins by s.11, ibids. --------------------------------------------------------------------- 96 (r) any other matter which is to be, or may be, prescribed under this Act. 1[13A. Power of Central Government to make rules for the grant of prospecting licences or mining lseases in respect of territorial waters or continental shelf of India. (1)The Central Government may, by notification in the Official Gazette, make rules for the grant of prospecting licences or mining leases in respect of_ any minerals underlying the ocean within the territorial waters or the continental shelf of India. (2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the conditions, limitations and restrictions subject to which such prospecting licences or mining leases may be granted; (b) regulation of exploration and exploitation of minerals within the territorial waters or the continental shelf of India ; (c) ensuring that such exploration or exploitation does not interfere with navigation and (d) any other matter which is required to be, or may be, prescribed.]
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