(1) This Act may be called the Mines and Minerals 2 [(Development and Regulation)] Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Govt. may, by Notification in the Official Gazette, appoint.
Declaration as to the expediency of Union control.
2. It is hereby declared that it is expedient in the public interest that the Union should take under its control the regulation of mines and the development of minerals to the extent hereinafter provided.
Definitions.
3. In this Act, unless the context otherwise requires:-
(a) "minerals” includes all minerals except mineral oils;
(b) "mineral oils" includes natural gas and petroleum;
(c) "mining lease” means a lease granted for the purpose of undertaking mining operations, and includes a sub-lease granted for such purpose;
(d) “mining operations" means any operations undertaken for the purpose of winning any mineral;
----------------------------------------------------------------------------------------------------------------- 1 Substituted by M M (R D) Amendment Act, 1999, vide G.O.I. Ext. Part II, Section 1, No. 51, dated 20.12.99 (No. 38 of 1999).
2 Ibid.
2
(e) "minor minerals" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, and any other mineral which the Central Government may, by notification in the Official Gazette, declare to be a minor mineral;
(f) "Prescribed" means prescribed by rules made under 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 deposit;
1 [ Omitted ] 2 [(ha) “reconnaissance operations” means any operations undertaken for preliminary prospecting of a mineral through regional, aerial, geophysical or geochemical surveys and geological mapping, but does not include pitting, trenching, drilling (except drilling of bore holes on a grid specified from time to time by the Central Government) or sub-surface excavation;
(hb) “reconnaissance permit” means a permit granted for the purpose of undertaking reconnaissance operations; and]
(i) the expressions "mine" and "owner" have the meanings assigned to them in the Mines Act, 1952.
GENERAL RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS Prospecting or mining operations to be under licence or lease.
4.
(1) 3 [No person shall undertake any reconnaissance, prospecting or mining operations in any area, except 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 this Act and the rules made thereunder]:
Provided that nothing in this sub-section shall affect any prospecting or mining -------------------------------------------------------------------------------------------------------------------- 1 Omitted by M M (R D) Amendment Act, 1999, vide G.O.I. Ext. Part II, Section 1,No. 51, dated
20.12.99 (No. 38 of 1999).
2 Inserted by M M (R D) Amendment Act, 1999, vide G.O.I. Ext. Part II, Section 1, No. 51, dated
20.12.99 (No. 38 of 1999).
3 Substituted by M M (R D) Amendment Act, 1999, vide G.O.I. Ext. Part II, Section 1, No.
51, dated 20.12.99 (No. 38 of 1999).
3 operations undertaken in any area in accordance with the terms and conditions of a prospecting licence or mining lease granted before the commencement of this Act which is in force at such commencement.
Provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the Geological Survey of India, the Indian Bureau of Mines, 1 [the Atomic Minerals Directorate for Exploration and Research] of the Department of Atomic Energy of the Central Government, the Directorates of Mining and Geology of any State Government ( by whatever name called ), and the Mineral Exploration Corporation Limited, a Government Company within the meaning of Section 617 of the Companies Act, 1956.
2 [Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease, mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu.]
3 [(1A) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this Act and the rules made thereunder.]
(2) 4 [No reconnaissance permit, prospecting licence or mining lease] shall be granted otherwise than in accordance with the provisions of this Act and the rules made thereunder.
(3) Any State Government may, after prior consultation with the Central Government and in accordance with the rules made under Section 18, 5 [ undertake reconnaissance, prospecting or mining operations with respect to any mineral specified in the First Schedule in any area within that State which is not already held under any reconnaissance permit, prospecting licence or mining lease.]
Termination of prospecting licences or mining leases.