Mines and Minerals (Development and Regulation ) Act,1957
Act No : 67
Section :
Royalties in respect of mining leases.
9.Royalties in respect of mining leases. (1) The holder of a mining lease granted before the- commencement of this Act shall, notwithstanding anything contained in the instrument of lease or in any law in force at such commencement, pay royalty in respect of any 2[mineral removed or consumed by him or by his agent manager, employee, contractor or sub-lessee] from the leased area after such commencement, at the rate for the time being specified in the Second Schedule in respect of that mineral. (2)The holder of a mining lease granted on or after the commence- ment of this Act shall pay royalty in respect of any 2[mineral remove or consumed by him or by his agent, manager, employee, contractor or sub-lessee] from the leased area at the rate for the time being specified in the Second Schedule in respect of that mineral. --------------------------------------------------------------------- 1 Subs by Act 25 of 1994. s.5 (w.e.f 25-5-1994) 2 Subs by Act 56 of 1972 s.4 for"mineral removed by him" --------------------------------------------------------------------- 92 1[(2A) The holder of a mining lease, whether granted before or after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972,(56 of 19722) shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the workman does not exceed one-third of a tonne per month.] (3)The Central Government may, by notification in the Official Gazette, amend the Second Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the -notification : 2[Provided that the Central Government shall not enhance the rate of royalty in respect of any mineral mote than once during any period of three years.]3 4[9A.(1)Dead rent to be paid by the lessee. The holder of a mining lease, whether granted before or after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972, (56 of 1972.) shall, notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay to the State Government, every year, dead rent at such( rate as may be specified, for the time being, in the Third Schedule, for all the areas included in the instrument of lease: Provided that where the holder of such mining lease becomes liable, under section 9 to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub- lessee from the leased area, he shall be liable to pay either such royalty or the dead rent in respect of that area, whichever is greater. (2)The Central Government may, by notification in the Official Gazette, amend the Third Schedule so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered by a mining lease and such enhancement or reduction shall take effect from such date as may be specified in the notification: Provided that the Central Government shall not enhance the rate of the dead rent in respect of any such area more than once during any period of three years.]5 PROCEDURE FOR OBTAINING, PROSPECTING LICENCES OR MINING LEASES, IN RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE GOVERNMENT
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