 the mines and minerals (regulation and development) bill, 1957(as introduced in lok sabha)  lok sabha corrigenda to the mines and minerals (regulation and development) bill, 1957(as introduced in 10k sabha) j page,-in the marginal heading to clause 5, for ''minin" ~ ''mining'' -2 page 8,  in the marginal heading ~o clause 14 ~ "srat" read "state" -3 page 16, -in line 40, !2!: "ruee s" ~ ''rupees" new delhi, 29th july, 1957  arrangement of clauses preliminaryclausu 1 short title, extent and commencement \ "''''''''' '  [ 2 declaration as to expediency of union control 3 definitions  general restrictions on undertaking prospbcting and mlnino operations4 prospecting or mining operations to be under licence or lease 5 restrictions on the grant of prospecting licences or mining leases 6 maximum area for which a prospecting licence or mining lease ) may be granted 7 maximum period for which prospecting licences or mining leases may be granted 8 renewal of prospecting licences and mining leases 9 royalties in respect of mining leases  procedure for obtaining prospecting licences or mining leases inrespect of land in which the minerals vest in the government 10 application for prospecting licences or mining leases 11 preferential right of cert~in persons 12 register of prospecting licences and mining leases  rules for regulating the: grant ofl'rospecting licences and mining leases13 power of central government to make rules in respect of minerals other than minor minerals 14 power of state governments to make rules in respect of minor minerals 15 power to make rules for modification of mining lease granted before 25th october, 1949  spj:cial powns of central government to undertake prospecting or mining operations in certain cases18 special powers of central government to undertake prospecting or mining operations in oertabl lands ~ op 1iiidn:itals 17 ilirleral development  mrsczll~ui1 • protpeetin, lieene81 a jiwung ie_ to 1m 'yoid if ill cgjltravention of act 1 • aet ant! rules to apply to all rll1ewall of prospeetin, liec- add miniag lemu' !g pealties 11 cognizance of offences it offene by companies  •• jibw  at my add inspeetioll 14 recovery of certain sums as arrears of led reveftue 15 delegation of powers ~ proteetion of action hken ift good faith !t rules to be laid before parli  t and eeriabl ru1ee to be approved by parliament 28 belaxauon of the provisionll of thia act and rules made ther  under in special cases d act binding upon the government 30 amendments to act 53 of 1948 31 validation of certain acts and indemnity the first schedule-specified minerals· the second schedule-rates of royalty the thnm schedule-amendments to the mines and mnmtals (regulation and development) act, 1948  the mines and minlirals (regulation and development) bill, 1957 (as introduced in lok sabha) a lullto provide for the regulation of mines and the development of minerals under the control of the union be it enacted by parliament in the eighth year of the repubuc of india as follows:- preliminary 1 (1) this act may be called the mines and minerals (regu- ~~f:~tti~~d s lation and development) act, 1957 commencement (2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 it is hereby declared that it is expedient in the public -interest :qec1ara-10 that the union should take under its control the regulation of mines ~~~e~~ to and the development of minerals to the extent hereino:3fter provided en~y of union control 3 in this act, unless the context o~herwise requires,-definitions (a) "minerals" includes all minerals except mineral oils aad minor minerals; (b) "mineral oils" includes natural ias and petroleum; (c) "mining lease" means a lerase granted for the purpose of undertaking mining operations, and includes a sub-lease l1'anted for'such purpose; (d) "mining opep8tions" means any operations undertaken for the purpose of winning any mineral; 5 ( e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand and any, other mineral which the central government m'ay, by notification in the official gazette, declare to be a minor mineral; (f> "prescribed" means prescribed by rules made under 10 this act; (g) "prospecting licence" means a licence granted for the purpose of undertaking prospecting operations; (h) "prospecting operations" means any operations undertaken for the purpose of exploring, locating or proving mineral is deposits; and - (i) the expressions, "mine" and "owner", have the meanings assigned to them in the mines act, 1952  general restrictions on undfrtaking prospecting and mining operations 204 (1) no person shall undertake any prospecting or mining operations in any area except under and in accordance with the terms and conditions of a prospectin~ licence or, as the case may be, a mining lease, granted under this act and the rules made thereunder prospectin, or uumn~ operations to be under licence or lease (2) no prospecting licence or mining lease shall be granted other- 2s wise than in accordance with the provisions of this act and the rules made thereunder ff~~~ri~~ 5 (1) no prospecting licence or mining lease shall be granted t~ the gran' any person unless he holds a certificate of approval in the ,prescribed of prosform from the state government and satisfies such other conditions 30 "lecting  licences or as may be prescribed "yl inir f leases exjllanation-for the purposes of this bub-section, a per/jon shall be deemed to hold a certificate of approval notwithstanding that at the relevant time his certificate of approval has expired if anappj,lcation for its renewal is pending at that time '·35 (2) except with the previous approval of the central government, no prospecting licence or min\ng lease shall be granted-(a) as respects any mineral specified in the first schedule, or (b) to any person who i~ not an indian national explanation-for the purposes of this sub-section, a person shall be deemed to be an indian national-(o( i9s6 (a) in the case (>f a public company as defined in the companies act, 1956, only if a majority of the directors of the company are citizens of india and not less than ftfty-one per cent of the share capital thereof is held by persons who are either citizens of india or companies as defined in the said act; (b) in the case of a private company as defined in the said act, only if all the members of the company are citizens of india; 10 (c) in the case of a firm or other association of individuals, only if all the partners of the firm or members of the association are citizens of india; and (d) in the case of an individual, only if he is a citizen of is india 6 (1) no person shall acquire in anyone state in respect of maximum any mineral or prescribed group of associated minerals-' 8rhie!l hfor w c 8 (a) one or more prospecting licences covering a total area r~;sfi:~ce of more than fifty square miles; or or mining lease 20 (b) one or more mining leases covering a total area more than ten square miles:  of may be granted provided that if the central government is of opinion that in the interests of mineral development it is necessary so to do, the central government may, for reasons to be recorded, permit any 2s person to acquire one or more prospecting licences or mining leases for an area 1n excess of the aforesaid maximum (2) for the purposes of this section a person acquiring a prospecting licence or mining lease by, or in the name of, another person ',' shall be deemed to be acquiring it himself , ::~;+f;'~;'< 30 7 (1) the maximum period for which a prospecting licence may m~imum be granted shall beper~od fer   ~~ prospect-(a) in the case of mica, one year; ~ ing licenc- ~;i~i:lf:~~~ es or (b) in the case of any other ~ner~, years ~:~g (2) the maximum period for whic'a m1hfng'ieaseinay b~ grant- =~t!i 3s ed shall be- , , (a) in the ~:'of coal, iron ore or bauxite for manufacture of aluminium, - years; -(b) in the case of any other mineral, twenty years -" renewal a (1) a prospec:ting licence may be renewed for one or mote of cr::-periods, each not exceeding one year at a time, so however that the trcednce!l total period for which the licence is granted and renewed shall not an nunina leases exceed-i (a) in the case of mioo, two years; and s (b) in the case ~f any other mineral, four years (2) a mining lease may be renewed, in the case of coal, iron ore or bauxite lor manufacture of aluminium, for one pertod not exceeding thirty years or the duration of the original lease, whichever is less:  10 provided that if the original lease was for not more than twenty years, the lease may be renewed for a second period not exceeding the duration of the original lease (3) a mining lease may be renewed, in the case of any mineral other than a mineral specified in sub-section (2), for one period is not exceeding twenty y€qrs or the duration of the original lease, whichever is l~ i : : i·~,!! d1j ~oy:~!:ct 9 (1) the holder of a mining lease shall pay royalty in resof mining pect of any mineral mined by bim at the rate specified for the time leases being in the second schedule in respect of that mineral 20 (2) 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: provided that the central government shall j;1ot--(a) fix the rate of royalty in respect of any mineral so as to exceed twenty per cent of the sale price of the mineral at the pit's head, or (b) alter the rate of royalty in respect of any mineral more than once during any period of two years 30 10 (1) an application for a prospecting licence or q mining lease applica-5 in respect of any land in which the ml'1terals vest in the government;~~ f~t_ shall be made to the state government in the prescribed form and mg fk:enc-ihall be accompanied by the prescribed fee :i~~ leases (2) where any applicalion is received under sub-section (1), there ahall be sent to the applicant, as soon as may be, an acknowledge-10 ment of its receipt in the prescribed form (3) on receipt of an application under this section, the state government may, having regard to the provisions of this act and any rules made thereunder, grant or refuse to grant the licence or leue is 11 (1) where a prospecting licel\ce has been granted in respect pre,ferof any land, the licensee shall have a preferential right for obtaining ~it~~l of - mining lease in respect of that land over any other person: certain persons provided that the state government is satisfied that the licensee has not committed any breach of the terms and conditions of the 20 prospecting licence and is otherwise a fit person for being granted the mining lease (2) subject to the provisions of sub-section (1), where two or more persons have applied for a prospecting  licence or a mining lease in respect of the same land, the applicant whose application was· 25 received earlier shall have a preferential right for the grant of the licence or lease, as the case may be, over an applicant whose application was received later: provided that where any such applications are received on the same day, the state government, after taking into consideration the 30 matters specified in sub-section (3) and obtaining the previous appro-'val of the central government, may grant the prospecting licence or mining lease, as the case may be, to such one of the applicants as it may deem fit (3) the matters referred to in sub-section (2) are the follow-35 ing:-(a) any special knowledge of, or experience in, prosf>ectlng operations or mining operations, as the 'case may be, possessed by the epphcant; i (b) the ftnancial resources of the applicant; (c) the nature and quality of the technical it aft employed - to be employed by the applicant; (d) web other mauert u may be preteribed (4) notwithstanding anything coiltailled in 1101b-aectiod (i) but ~bject to the provisions of ub-section (1), ~ state governments ma, for any special reasons to be recorded and with the previous approval of the central government, grant a prospecting licence or ambling lease to an applicant whose application was received later in preference to an applicant whose application was received earuer & (1) the state government shall cause to be maintained in 10 b prelctibed form-(ci) a register of appucations for prospecting ucences; (b) a register of prospecting licensees; (c) a register of applications for mining leuee; and (d) - register of mining lessees; 15 ia eaeh of which ahall be entered iuch particulan u may be pr-erlbed (!) every such register shall be open to inspection by an, per-iod holding a certi1lcate of approval from the state government or by ad authorised agent of such person, on payment of ucb fee 30  the state government imly fix  btj'lai roa uetnatnfg thii graht 01' prospecting licucd ad mdl'dfo 1&\81:811 (1) the central government may, by notification in the om· eia1 gazette, make rules for regulating the grant of prospecting ueed· 2s ees  and mining leases in respect of minerals other than minor m1nerall and for purposes connected therewith (j> in partlcu1&r, and without prejudice to the generality of the foregoing power, such ruin may provide tor all or any of the tollow'· id, matters, namely: -(4) the penon by whom, and the manner in which, applteetiona tor prospeettng licences or mining leases in respect of land in which the mineral vest in the government may be made and the teee to be paid therefor; (b) the form of aelmowlld1ement of the reeetpt of 0,  ii qpueatlod; (e) the matter which may be conlldered where appueaueral fa rpeet of t1w same land are received on the same day; (d) the penon to whom certiacatea of approval may 1m aranteli, ille form of iuch certificate and the f_ payable fflr th arant or renewal thereot; (e) ill authority by which piwpectini ucenc cw idtn'  1  in respect of land in which the minerall ••• &d tm ge· enunent may be aranta<i; (f) the procedure for the acquiaition of - p~ uciace  mining leue in respect of any land in wbtch uae mtderallf y, in a peraon other than the government; 10 (g) the terma on which and the conditiona tubjeet tilt wbicia, - prospecting licence or a minina leue may be i1'&i1wd qi' renewed; (h) the tacilitie to be afforded by holden of minin, i_ to persona deputed by the government tor the purpoee of unde-is taking research or trainini in mattei'll :relatilli to mjnjr~ operationa; (i) the fixing and collection of dead rent, ftnea fea et other charges and the collection of roy&lttee in respect 01- (i) prolpecting licenc8l, (ii) minin,leuelj (iii) minerala mined, quarried, uc8ated or colleeted; (;) the manner in which righta of third parti_ may be pro tected (whether by payment of compensation or otherwih) ta cues where any luch party may be prejudiclall1 aftected br huon ot any pr~pectini or mining operationa; (k) the grouping ot u60c'iated roinerall for the purpotlllt of section 6; 10 (i) the manner in which and the conditions subject ~ wbtela - prospecting licence or a minini leue may b tranaterred; (m) the construction, maintenance and use of road&, po •• transmission lines, tramwaya, railwayj, aerial ropewaya, ptpeuaw and the making of pussges tor water for minini p~ _ any land comprised in - minini lea •• ; (ft) the torm ot readten to be maintained under tbii aet; 3' (0) the disposal or discharie of any tai1in8l, iltm  ~ wute products arising from any minine or metalluriical operationa carrled out in a mine; (p) the reporta and statement to be submitted by mldmrt of prospecting licen(:as or owners of mines and the authority 118 which such reports and statements shall be submitted; and (q) the authority by which and 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 and the manner in which such applications shall be disposed of 5  -14 (1) the state government may, by notification in the official gazette, make rules for regulating the grant of prospecting lieences and mining leases in respect of minor minerals and for purposes connected therewith pow~r of srat governments to make rules in respect of minor minerals power to make ruies for modification of mining lease granted before 25ut october, ~ 9"11 (2) until rules are inlde under sub-section (1), any rules made 10 by a state government regulating the grant of prospecting licencea and mining leases in respect of minor minerals which are in force immediately before the commencement of this act shall continue in force - ·15 (1) the central government may, by notification in the oftl- is cial gazette, make rules· for the purpose of modifying· or alteriag the terms and conditions of any mining lease granted prior to the 25th duy of october, 1949, so as to bring such lease into conlormity with the provisions of this act and the rules made under scetions 13 and 17 20 (2) the rules made under sub-:;ection (1) shall provide--(a) for giving previous notice of the modification or altera-,tion proposed to be made thereunder to the lessee, and where the lessor is not the central government, also to the lessor and for affordin~ him an opporlunity of showing cause against the 25 proposal;  (b) ror the payment of compensation ~ the party who may be benefited by the proposed modification or alteration to the party whose rights under the, existing lease would thereby be adversely affected; 30 (c) for the principles on which, the manner in which and the· authority by which the said compensation shall be determined  special powers of central government to undertake prospjcctilifo or mining operations in certain cases35 16 (1) the provisions of this section shall apply only in respect of l~in which the minerals vest in the government of a state  (z:)tjae cedtral governmedt, after coneu1tati with the state gq'fetanient, may uddertake prospecting oi'miniac"6peratiods m·any area not already held under any prospeting iieenee 01' miding lease, 40 and· where it proposes to do so, it shall, by dotification in the ofiicial  grasette,-· special powers of central government to undertake prospectinji or mmlnl o(leralions in certain lands (a)  specify the boundaries of such area; - (b) state whether prospeetdg or mining operatiods will be carried out in the area; and (c) specify the minerai or minerals in respect of which such operations will be carried out , (3) where, in exercise of the powers conferred by 8ub-section (z), the central government undertakes prospecting or minng operatiou ia any area, tlte terms and conditions subject to wltich the prospect  or mining operations may be carried on by tlaecedtnl gevem---t ahail-10 (a) as respects prospecting fee, royalty, surface reat or dead rent, be the same as would be appucable under tius act or ad1' rulea made thereunder, if sucll prospecting or mining operaddm , carried oil by a private penon under a prospectida' iietage or - mining lean, as the cae may be; is (b) 88 respects any other matter, be such, as may be -upon between the central govermnent and the state gov  _t (4) the central government, with a view to enabling it to exerd8e the powers conferred on it by sub-section (2) may, after cob-20 lultation with the state government, by notification in the official gazette, declare that no prospectin~ licence or mining lease ahall be eran\ed in respect of any land specified in the notification  dj:velopment of minerals17 (1) it shall be the duty of the central government to take mineral f h  deye lop-25 all such steps as may be necessary or t e conservation and deve1o~ ment ment of minerals in india, and for that purpose the central government may, by notification in the official gazette, make such rules u it thinks fit (2) in particular, and without prejudice to the generality of the 30 foregoing power, such rules may provide for all or any of the followme matters, namely:-(a) the opening of new mines and the regulation 01 minfa, operations in any areaj (b) the regviation of the excavation or collection of mineraja from any miile; 3s (c) the measures to be taken by owners of min • for the purpose of beneficiation of ores, including the provision of suitable eontrivances for such purpose; (d) the development at mineral resources in anyaiwj (e) the notifteation of all new borings and shatt sinkings and the preservation 01 bore-hole records and speeimelll of cot:el of all new bore-holel; (i) the regulation of the arrangements for the storage of minerals and the stocks thereof that may be kept by any pel'lod; s (g) the submission of samples 01 minerals from any mine by the owner thereof and the manner in which and the authority to which such samples shall be submitted; and the taking of eample! of any minerals from any mine by the state governmen~ or any other authority specified by it in that behalf; and 10 (h) the submission by owners of mines of such ipecial or periodical returns and reports as may be specified and the form in which and the authority to which such returna add re~11i shall be submitted ~ro~et-18 any prospecting licence or mining lease granted, renewed :' allc;nc- or acquired in contravention of the provisions of this act or any rul lmi:unkt or orders made thereunder shall be void and of no etfect eases 0 : -:~tt:-expzanation-where a person has acquired more than one pro-vention ot pecting licence or mining lease in any state and the aggregate area ao act covered by such licences or leases, as· the case may be, exceeds the maximum area permissible under section 6, only that prospecting licence or mining lease the acquisition of which has resulted in lueb maximum area being exceeded shall be deemed to be void act and rales to 19 the provisions of this act and the rules made thereunder :as shall apply in relation to the renewal after the commencement of thja act of any prospecting licence or mining lease granted before such commencement as they apply in relation to the renewal of a prolpecting licence or mining lease granted after such commencement :~piy to renewals ot peol!-}lectmf licences and minln& leases penalties it (1) whoever contravenes the provisions of sub-section (1) 30 of section 4 shall be punishable with imprisonment which may extend to six months, or with fine which may extend to one thousand rupees or with both (2) any rule made under any provision of this act may provide that any contravention thereof shall be punishable with imprison- 3s ment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and in the case ot - continuing contravention, with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention 11 no court shall take cognizance of any offence punishable co&dtzi under this act or any rules made thereunder except upon complaint ~:c~ s in writing made by a person authorised in th~ behalf by the central government or the state government u (1) if the person committing an offence under this act or ~~= any rules made ther~under is a company, every person who at the paniel time the offence was committed was in charge of, and was responsi-10 ble to the company for the conduct of the busidess of the company, ihall 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 is offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence (z) 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 thall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly erpzanotion-for the purposes of this section,-(0) "company" means any body corporate and includes a at ftrm or other association of individuals; firm (b) "director" in relation to a firm means a partner in the n (1) for the purpose of ascertaining the position of the work- power 01  ing, actual or prospective, of any mine or abandoned mine or for any rgst~c_ and 10 other purpose connected with this act or the rules made thereunder, tion any person authorised, by the central government in this behalf, by aeneral or special order, may-(0) enter and inspect any mine; (b) survey and take measurements in any such mine; 5 (c) weigh, measure or take measurements of the stocks ot minerals lying at any mine; (d) examine any document, book, register, or record in the possession or power of any person having the control ot, or con- nected with, any mine and place marks ot identification thereon, and take extracts from or make copies of web document book, register or record; , (e) order the production of any such document, book, register, record, as is referred to in clause (d); and (1) exam;ne any person having the control of, or conneeted s witli, any mine (2) every person authorised by the central government under bub-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 con- 10 ferred 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 recovery 24 aily rent, royalty, tax, fee or other sum due to the govern-~e~n ment under this act or the rules made thereunder or under the terms arrears ot and conditions of any prospecting licence or mining lease may, on - is mnd certificate of such officer as may be specified by the state governrevenue ment in this behalf, by general or special order, be recovered in the same manner as an arrear of land revenue delegation (\f l:\owers 15 (1) the central government may, by notification in the official gazette, direct that any power exercisable by it under thij ~ 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 ,ubordinate to the central government; or (b) such state government or such officer or authority u~ is ordinate to a state government; u may be specified in the notification (2) the state government may, by notification in the oftlcial gazette, direct that any power exercisable by it under this act may, in relation to such matters and subject to such conditions, if any, at ~o may be specified in the notification, be exercisable also by nch oftlcer or authority subordinate to the state government as may be 8peclfted in the notification (3) aily rules made by the central government under this act may confer powers and impose duties or authorise the conferring 3$ of powers and imposition of duties upon any state government or any officer or authority subordinat~ thereto protection ie no suit, prosecution or other legal proceeding shall lie againat of action any person for anything which is in good faith done or intended to ~':'iin in be done under this act faith 17 (1) a1l rules made under this act by the central government rules to ihall be laid for not less than thirty days before each house of g~f~~~d parliament as soon as may be after they are made and shall be sub- parlinject to such modifications as parliament may make during the ses- ~~g:in and s sion in which they are so laid or the 'session immediately following rules to -be approved by parlia (2) without prejudice to the generality of the rule-making ment power vested in the central government, no rules made with reference to clause (c) of sub-section (2) of section 15 shall come into force until they have been approved, whether with or without 10 modifications, by each house of parliament 28 if the central government is of opinion that it is expedient relaxa in the public interest so to do, it may, by order, in writing giving ttjh'on pof   e rovi-reasons for such opmion, direct that all or any of the provisions of sions of this act or the rules made thereunder shall not apply or shall apply ~~ij ~\es 15 only with'such modifications or subject to such conditions, restrictiona made or limitations as may be specified in the order, to, or in relation to, ~~~:; in the granting of any prospecting licence or mining lease or the special working of any mine c'3ses 29 save as otherwise provided in this act the provisions of this act bjnd· 20 act shall apply to mining or prospecting operations undertaken by l~= ~n the government ernm"!nt 151 of 1148 30 the mines and minerals (regulation and development) act, amend-1948 shall be amended in the manner specified in the third sc:hedule rcinra ~ 1948 31 all acts of executive authority done, proceedings taken and valida 2s sentences passed under the mines and minerals (regulation and tion of 53 of 1948 development) act, 1948, with respect to the regulation of ~~~~d mines and the development of minerals during the period il?demcommencing on the 26th day of january, 1950, and ending with the lllty date of commencement of this act by the gove~t or by any 30 officer of the government or by any other authority, in the belief or purported belief that the acts, proceedings or 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 35 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 [see section 5 (2) (a)] 1 apatite and phosphatic ores s 2 beryl 3 chrome ore 4 coal and lignite 5 columbite, samarskite and other minerals of the "rare hl·thl" group 10 6 copper 7 gold is 8 gypsum 9 iron ore 10 lead 11 manganese ore 12 molybdenum 13 nickel ores 14 platinum and other precious metals and their ores 15 pitchblende and other uranium ores 20 16 precious stones 17 rutile 18· silver 19 sulphur and ita ores 20 tin 21 tungsten ores 2s 22 uraniferous allanite, monazite and other thorium minerals 23 uranium bearing tailings left over from ores after· extraction of copper and gold, ilmenite and other titanium ores 24 vanadium ores 25 zinc 30 26 zircon  raths of royaltyi coal five per cent of for price subject to a minimwn of fifty nayt paise per ton 2 mica-either (a) crude mica one rupee per maund 10 (b) trimmed mica, all qualities three rupees per maund other than heavy stained, dense stained and spotted (c) trimmed mica other than onerupeo and fifty naye paise per that specified in item (6) maund is (fi) waste and scrap mica  twelve naye paise per maund or six-and-a-quarter per cent of the sale price of mica at the pit's mouth, at the option of the lessor six-and-a-quarter per cent of the sale price at the pit's mouth gold, silver, platinum and other precillus metals and their ores, copper, lead and zinc ores  f iron-(0) used for extraction of iron within the country five per cent of the sale price at the pit's mouth subject to a minimum of fifty naye pa' per ton (b) used for other purrx>ses  30 five per cent of the sale price at the pit's mouth subject to a minimum of one rupee per ton s precious stones' twenty per cent of the sale price at pit's mouth &plana£ion-for the purpose of this item, "price" means the price 3s of "raw, uncut stone", that is to say, stone from which adhering rock, soil and mud have been removed by washing or any other simple means, but which haa not been sut>;ected to any other process | ••                                                 | manganese-         ||----------------------------------------------------|--------------------|| ca)                                                |                    || manganese                                          |                    || dioxide                                            |                    || cb)                                                |                    || manganese                                          | ore-               || fifteen per cent                                  | of                 || at                                                 | the                || a                                                  |                    || minimwn                                            |                    || of                                                 | three rupees per   || ton                                               |                    || 5                                                  |                    || c-)                                                |                    || high grade (forty-five twelve-and-a-half per cent | of                 || per cert                                          |                    || mn                                                |                    || and over)                                         | sale price         || (io                                                |                    || low grade                                          | (below             || subject to                                         |                    || a                                                  |                    || minimum                                            | of                 || two rupees per ton                                |                    || ten                                                | per                || 10                                                 |                    || at the pit's mouth subject                         |                    || to                                                |                    || minimum                                            |                    || of                                                 | one rupee per ton || fony-five                                          | per cent          || mn)                                              |                    |7 chromite-(a) forty-five per and above cent crloii ten per cent of the sale price at the pit' mouth subject to 15 a minimwn of two rupees and twenty-five naye paise per ton (b) less than forty-five per seven-and-a-half per cent of the cent crio sale price at the pit's mouth 20 subject to a minimum of one rupee and twel ye naye paise per ton   8 limestone 9 dolomite 10 graphite i i china clay 12 kyanite  13 oil shale 140 {"typaum - i s all other minerala not here in before specified five per cent of the sale price at the pit's mouth subject to 25 a minimum of thirty-seven mye plliu per ton five per cent of the sale price at the pit's mouth subject to a minimum of twenty-five naye 30 paise per ton ten per cent of the sale price at the pit's mouth seven-and-a-half per cent of the sale price at the pit' 35 mouth ten per cent of the sale price at the pit's mouth subject to a minimum of five rll e es per ton 40 such royalty as may be fixed by agreement between the licensee/ lessee and the state government tweive-and-a-half per cent of 45 the sale price at the pit's mouth ubject to a minimum of one rupee per ton five per cent of the sale price at the pit' mouth so  the third schedule (see section 30) amendments to tile mines and minerals (regulation and development) act, 19485 1 in the long title, omit the words "mines and", and for the word "minerals", substitute "mineral oil resources" 2 in the preamble, omit th~ words "mines and" and the words "to the extent hereinafter specified", and for the word "minerals" substitute "mineral oil resources" 10 3 in section 1,-(i) in sub-section (1), for the words "mines and minerals", substitute "oilfields"; and (u) in sub-section (2), omit the words "except the state of jammu and kaslu:nir" is 4 omit section 2 5 in section 3, in clauses (c) and (d), for the word "minerals", substitute "mineral oils" 6 in section 5,-(i) in sub-section (1), for the word "mineral" substitute "mineral oil"; and (ii) in sub-section (2), in clause (d), for the word "minerals", substitute "mineral oils" 7 in section 6,-(i) in sub-section (1), for the word "minerals", substitute ;zs "mineral oils"; (ii) in sub-section (2), omit clauses (a) and (b) and in clause (c), for the words "mineral resources", substitute "mineral oil resources"; and (iii) in clauses (h) and (i), for the word "minerals", substitute "mineral oils" 30  statement of objects and reasonsthe differentiation made between petroleum and other minerals in items 53 and 54 of the union list has rendered separate enactments for the two necessary the present bill deals only with minerals other than petroleum at present both are dealt with under the mines and minerals (regulation and development) act, 1948 (53 of 1948) opportunity has been taken of putting forward this legislation to make some necessary changes in the provisions of the existing act dictated by experience these changes refer to-(i) the prescription of a maximum limit of 50 square miles for a prospecting licence [clause 6 (1) ]; (ii)the grant of a second renewal to the holder of a mining lease for iron ore and bauxite under certain circwmtancea [clause 8 (2)]; (iii) the authorisation of the central government to undertake prospecting and mining operations in any land after prior consultation with the state government (clause 16); (iv) the promulgation of rules for the beneficiation of low grade ores [clause 17 (2) (c)]; (v) the recovery of royalty, dead rent and other sums due to government in the aame manner as arrears of land revenue (clause 24); and (vi) the delegation of certain powers to state governments and by state governments to their subordinate authorities (clause 25) a number of provisions hitherto dealt wi~ under the rule making powers of the central government have been transferred to the act in order to restrict the scope of subsidiary legislation these provisions are:-(i) no concession shan be gr~ted to a person not in possession of a certificate of approval [clause 5(1)]; (ii) the maximum period for which a prospecting licence or a mining lease may be granted (clauses 7 and 8): (iii) the power to prescribe rates of royalty for various minerals [clause 9 and schedule ii]; (iv) applications for prospecting licences and mining leases to be made in prescribed forms [clause 10 (1)]; (v) the priorities to be observed in the grant of prospecting licences and mining leases [clause 11 (2) ]; and (vi) the power to make rules for regulating the grant of mineral concessions (clause 13) new delhi; the 22nd june, 1957 k d mala viya - financial memorandumclause 16 (2) of the bill empowers the central government to undertake prospecting or mining operations in any area not already held under a prospecting licence or mining lease under clause 16 (3) of the bill, the prospecting o:r mining operations in any area undertaken by the central government will be subject to the payment of the same prospecting fee, royalty, surface rent or de~~ rent as applicable in the case of prospecting or mining operation carried on by a private person it is not possible to say at this stage what will be the extent of the prospecting or mining operations that may be undertaken by the central government since this is yet to be decided for this reason, it is not possible to give any idea of the amount of expenditure that may be incurred by the central government on prospecting or mining operations undertaken by them clauses 13, 14, 15 and 17 of the bill empower the central government to make rules in respect of certaid mattera 2 clause 13 empowers the central government to make rules for regulating the grant of prospecting licences and mining leases and tor purposes connected therewith the corresponding provision in the existing act of 1948 is contained in section 5 of that act it would appear by ~omparibon of the two provisions, that the rulamakin2 povyel' in ;he new bill is very much re:tricted certain important matters on which rules could be m~de under section 5 of the act of 1948 have now been incorporated in the bill itself some of these matters are the following:-(1) persons who are qualified to apply for a prospecting licence or a mining lease (clause 5); (2) the maximum area for which a prospecting licence or a mining lease may be granted (clause 6); (3) the maximum period for which a prospecting licence or a mining lease may be granted (clause 7); (4) the period for which a prospecting licence or mininj le;lse may be renewed (clause 8); (5) the royalties payable for mining leases (clause 9); (6) the procedure for obtaining prospecting licences or mining leases in respect of land in which the mineral vests in the government (clauses 10 and 11);  (7) the maintenance of register of applicants for prospecting licences and mining leases and the register of prospectin, licences and mining leases (clause 12) it would thus appear that the rule-making power under clause 13 has now been restricted mosuy to procedural matters 3 clause 14 retains the existing power of state governments to make rules in respect of minor minerals 4 €lause 15 empowers the central government to make rules for the purpose of modifying or altering the terms and conditions of mining leases granted before the 25th october, 194~the date od which the mineral concession rules, 1949, came into force the clause corresponds to section 7 of the existing act of 1948 rules under section 7 of the existing act have been made and have received the approval of the house of the people clause 15 has been inserted in the bill in order to enable the central government to make any amendment in the rules which may hereafter become necessary "' 5 clause 17 empowers the central government to make rules en certain technical matters it is not feasible to incorporate the provisions on which rules can be made under this clause in the bill itself technical matters are generally regulated by rules 6 the bill also empowers the central government to issue notifications and orders in respect of certain matters, namely:--(i) declaration of 8 mineral as 8 minor mineral [clause 3(e)]; , (ii) permitting the grant of a prospecting licence 'or a mining lease for an area exceeding the maximum area [proviso to clause 6(1)]; (iii) enhancing or reducing the rates of royalty payable ~ respect of any mineral [clause 9(2)]  the power under item (i) is of a minor character the powers under items (ii) and (iii) are intended to provide for a certain amount o,f flexibility in these matters if these provisions are made too rigid the administration of the act may become somewhat diftlcult these powers will be exercised in exceptional cases and only: when the public interest or the interests of the development of minerals so require i  annexure extracts from the mines and minerals (reguution and development) act, 1948 (53 oj' 1948) an act to provide for the regulation of mines and oilfields and for the development of mineralswhereas it is expedient in the public interest to provide for the regulation of mines and oilfields· and for the development of minerals to the extent hereinafter specified; it is hereby enacted as follows:-1 (1) this act may be called the mines and minerals (regulation and development) act, 1948 short title, extent and :ommencement (2) it extends to the whole of india except the state of jammu and kashmir - - - - - - - 2 it is hereby declared that it is expedient in the public interest that the central government should take under its control the regulation of mines and oilfields and the development of minerals to the extent hereinafter provided d(c1aration as to expediency of control by central i5ovemment definition • 3 in this act, unless there is anything repugnant in the subject or context,-- - - - - - - (c) "minerals" include natural gas and petroleum; (d) "mining lease" means a lease granted "for the purpose of searching for, winning, working, getting, making merchantable, carrying away or disposing of minerals or for purposes connected therewith, and includes an exploring or a prospecting licence; - - - - - - - p~~crrulto 5 (1) the central government may, by notification in the offim  c eau  1 g ' ~8pects min- cia azette, make rules for regulating the grant of mining leases or illilesel for prohibiting the grant of such leases in respect of any mineral or in any area (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:-- '" '" '" '" - (d) the fixing of the maximum and minimum rent payable by a iessee, wnether the mine is worked or not ,6 (1) the central government may, by notification in the offi- power to cial gazette, make rules for the conservation and development of ~~~~~~: minerals mineral dcvelopmem (2) in particular, and without prejudice to the genera1i~y of the foregoing power, su~!l rules may provide for &ll or any of the follow-ing matters, namely:-  (a) the regulatlon or prohibition of the mining, quarrying or digging for or the excavating or collecting of minerals from any mine or in any area; (b) the manner in which and the persons by whom any mineral or any area as respects which the grant of mining leases is prohibited may be developed or worked; ,  '"  - - (d) the regulation of the drllling, redrilling, deepening, shutting down, plugging and abandoning of oil wells in an oilfield and for the limitation or prohibition of such operations and for the taking of remedial measures to prevent waste of or damage to oil; - - - - - - - (h) the regulation of the arrangements for the storage of minerals and the stocks thereof that may be kept by any person; (i) the levy and collection of royalties, fees or taxes in respect of minerals mined, quarried, excavated or collected; - '" - '" '" - -  a billto provide for the regulation of mines and the development of minerals under the control of the union the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha, the consideration of the bill m n kaul, secretary (shri k d mai(wiya, m ;nister of mines and oil 