(1) Every rule and every notification made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no ----------------------------------------------------------------------------------------------------------------- 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).
31 effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.
(2) Without prejudice to the generality of the rule making power vested in the Central Government, no rules made with reference to clause (c) of sub-section (2) of section 16 shall come into force until they have been approved, whether with or without modifications, by each House of Parliament.
(3) Every rule and every notification made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists one House, before that House.
Existing rules to continue.
29. All rules made or purporting to have been made under the Mines and Minerals (Regulation and Development) Act, 1948, shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act as if this Act had been in force on the date on which such rules were made and shall continue in force unless and until they are superseded by any rules made under this Act.
Power of revision of Central Government.
30. The Central Government may, of its own motion or on application made within the prescribed time by an aggrieved party, revise any order made by a State Government or other authority in exercise of the powers conferred on it by or under this Act with respect to any mineral other than a minor mineral.
Special provisions relating to mining leases for coal granted before 25th October, 1949.
30A. Notwithstanding anything contained in this Act, the provisions of sub-section (1) of section 9 and sub-section (1) of section 16 shall not apply to or in relation to mining leases granted before the 25 th day of October, 1949, in respect of coal, but the Central Government, if it is satisfied that it is expedient so to do, may, by notification in the Official Gazette, direct that all or any of the said provisions (including any rules made under sections 13 and 18) shall apply to or in relation to such leases subject to such exceptions and modifications, if any, as may be specified in that or in any subsequent notification.
Relaxation of rules in special cases.
31. The Central Government may, if it is of opinion that in the interests of mineral development it is necessary so to do, by order in writing and for reasons to be recorded, 32 authorise in any case the grant, renewal or transfer of any 1 [reconnaissance permit, prospecting licence or mining lease], or the working of any mine for the purpose of searching for or winning any mineral, on terms and conditions different from those laid down in the rules made under section 13.
32. [Amendments to Act 53 of 1948] Rep. by the Repealing and Amending Act, 1960 (58 of 1960), S. 2 and Sch. I.
Validation of certain acts and indemnity.
33. All acts of executive authority done, proceedings taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 1948, with respect to the regulation of mines and the development of minerals during the period commencing on the 26th day of January, 1950, and ending with the date of commencement of this Act by the Government or by any officer of the Government or by any other authority, in the belief or purported belief that the acts, proceedings of 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 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.
----------------------------------------------------------------------------------------------------------------- 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).
33 THE FIRST SCHEDULE [See section 4(3), 5(1), 7(2) and 8(2)] SPECIFIED MINERALS
PART A. Hydro Carbons Energy Minerals
1. Coal and Lignite.
PART B. Atomic Minerals
1. Beryl and other beryllium-bearing minerals.
2. Lithium-bearing minerals.
3. Minerals of the "rare earths" group containing Uranium and Thorium.
4. Niobium-bearing minerals.
5. Phosphorites and other phosphatic ores containing Uranium.
6. Pitchblende and other Uranium ores.
7.
1 [Titanium bearing minerals and ores (ilmenite, rutile and leucoxene) ].
8. Tantalum-bearing minerals.
9. Uraniferous allanite, monazite and other thorium minerals.
10. Uranium bearing tailings left over from ores after extraction of copper and gold, ilmenite and other titanium ores.
11. 1 [Zirconium bearing minerals and ores including zircon.]
PART C. Metallic and Non-Metallic Minerals
1. Asbestos.
2. Bauxite.
3. Chrome ore.
4. Copper ore.
5. Gold.
6. Iron ore.
7. Lead.
8.
2 [ Omitted ]
9. Manganese ore.
10. Precious stones.
11. Zinc.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1 Substituted by MM(RD) Amendment Act, 1999, Vide G.O.I Ext. Part II, Section I, No. 51, dated 20.12.1999(No. 38 of 1999).
2 Omitted by MM(RD) Amendment Act, 1999, Vide G.O.I Ext. Part II, Section I, No. 51, dated 20.12.1999(No. 38 of 1999).
34 1 [THE SECOND SCHEDULE (See section 9) RATES OF ROYALTY RATES OF ROYALTY IN RESPECT OF MINERALS AT ITEM 1 TO 9, 11 TO 37 AND 39 TO 51 APPLICABLE IN ALL STATES AND UNION TERRITORIES EXCEPT THE STATE OF WEST BENGAL
1. Apatite and Rock Phosphate :
(i)Apatite :
(ii)Rock Phosphate :
(a) Above 25 per cent P2O5
(b) Up to 25 per cent P2O5 Five per cent of sale price on ad valorem basis.
Eleven per cent of sale price on ad valorem basis.
Six per cent of sale price on ad valorem basis.
2. Asbestos :
(a) Chrysotile
(b) Amphibole Eight hundred eighty rupees per tonne.
Fifteen per cent of sale price on ad valorem basis.
3. Barytes Five and half per cent of sale price on ad valorem basis.
4. Bauxite and Laterite
(a) Zero point five zero per cent of London Metal Exchange Aluminium metal price chargeable on the contained aluminium metal in ore produced for those dispatched for use in alumina and aluminium metal extraction.
(b) Twenty five percent of sale price on ad valorem basis for those dispatched for use other than alumina and aluminium metal extraction and export.
5. Brown Ilmenite (Leucoxene), Ilmenite, Rutile and Zircon Two per cent of sale price on ad valorem basis.
1 Substituted by G.S.R.574 (E) dated 13.8.2009 35
6. Cadmium Fifteen per cent of sale price on ad valorem basis.
7. Calcite Fifteen per cent of sale price on ad valorem basis.
8. China clay/Kaolin (including ball clay, white shale and white clay) :
(a) Crude
(b) Processed (including washed) Eight per cent of sale price on ad valorem basis.
Ten per cent of sale price on ad valorem basis.
9. Chromite Ten per cent of sale price on ad valorem basis.
“10.* COAL ( including Lignite ) A. Coal produced in all the States and Union territories except the State of West Bengal.
(1) Royalty on Coal:
The rate of royalty on coal shall be @ 14% (Fourteen percent) ad-valorem on price of coal, as reflected in the invoice, excluding taxes, levies and other charges.
(2) Royalty on Lignite:
The rate of royalty on lignite shall be @ 6% (Six percent) ad-valorem on transfer price of lignite, as ratified by the Central Electricity Regulatory Commission (CERC) and for lignite sold to other consumers, the royalty shall be @ 6% (Six percent) ad valorem on the price of lignite as reflected in the invoice, excluding taxes, levies and other charges.
(3) Royalty on coal and lignite produced from captive mines:
For calculating royalty on coal and lignite produced from captive mines, the price of coal and lignite shall mean the basic pithead price of Run of Mine (ROM) coal and lignite, as notified by the Coal India Ltd. / Singareni Collieries Company Ltd. / Neyveli Lignite Corporation, for similar Gross Calorific Value (GCV) of coal or lignite for the mines, nearest to that captive mine;
Provided that for the coal and lignite produced from the coal and lignite blocks, allocated under the Government dispensation route for commercial use, the respective ad-valorem royalty shall be applicable on the price notified by the respective State Governments.
__________________________________________________________________ * Substituted by G.S.R.349 (E) dated 10.5.2012.
36
(4) Adjustment of royalty against levying of cess:
For the States other than West Bengal, for the levy of cess or other taxes specific to coal bearing lands, the royalty allowed shall be adjusted for the local cesses or such taxes, so as to limit the overall revenue yield.
B. Coal produced in the State of West Bengal.
Group Quality of Coal Royalty on coal in Rupees per tonne Group – I Steel Gr-I Seven rupees only per tonne Steel Gr.II Washery-I Direct Feed Group – II Washery-II Six rupees and fifty paise only per tonne Washery-III Semi Coking Gr-I Semi Coking Gr-II Non-Coking Coal having GCV(Kcal/kg) range of 6701 and above Non-Coking Coal having GCV(Kcal/kg) range of 6401-6700) Non-Coking Coal having GCV(Kcal/kg) range of 6101-6400 Group-III Washery-IV Five rupees and fifty paise only per tonne Non-Coking Coal having GCV(Kcal/kg) range of 5801-6100 Non-Coking Coal having GCV(Kcal/kg) range of 5501-5800 Non-Coking Coal having GCV(Kcal/kg) range of 5201-5500 37 Group-IV Non-Coking Coal having GCV(Kcal/kg) range of 4901-5200 Four rupees and thirty paise only per tonne Non-Coking Coal having GCV(Kcal/kg) range of 4601-4900 Non-Coking Coal having GCV(Kcal/kg) range of 4301-4600 Group-V Non-Coking Coal having GCV(Kcal/kg) range of 4001-4300 Two rupees and fifty paise only per tonne Non-Coking Coal having GCV(Kcal/kg) range of 3701-4000 Non-Coking Coal having GCV(Kcal/kg) range of 3401-3700 Non-Coking Coal having GCV(Kcal/kg) range of 3101-3400 Non-Coking Coal having GCV =<3100
11. Columbite-tantalite Ten per cent of sale price on ad valorem basis
12. Copper Four point two per cent of London Metal Exchange copper metal price chargeable on the contained copper metal in ore produced.
13. Diamond Eleven point five per cent of sale price on ad valorem basis.
14. Dolomite Sixty-three rupees per tonne.
15. Felspar Twelve per cent of sale price on ad valorem basis
16. Fireclay (including plastic, pipe, lithomargic and natural pozzolanic clay) Twelve per cent of sale price on ad valorem basis.
38
17. Fluorspar (also called fluorite) Six point five per cent of sale price on ad valorem basis
18. Garnet :
(a) Abrasive
(b) Gem Three per cent of sale price on ad valorem basis.
Ten per cent of sale price on ad valorem basis
19.Gold :
(a)Primary
(b)By-product gold Two per cent of London Bullion Market Association Price (commonly referred to as “London Price”) chargeable on the contained gold metal in ore produced.
Three point three per cent of London Bullion Market Association Price (commonly referred to as “London Price”) chargeable on by-product gold metal actually produced.
20. Graphite :
(a) with 40 per cent or more fixed carbon
(b)with less than 40 per cent fixed carbon Two per cent of sale price on ad valorem basis.
Twelve per cent of sale price on ad valorem basis
21. Gypsum Twenty per cent of sale price on ad valorem basis.
22. Iron Ore :
(lumps, fines & concentrates all grades) Ten per cent of sale price on ad valorem basis.
23. Lead Seven per cent of London Metal Exchange lead metal price chargeable on the contained lead metal in ore produced.
Twelve point seven per cent of London Metal Exchange lead metal price chargeable on the contained lead metal in the concentrate produced.
24. Limestone :
(a)L.D. grade(less than one and half per cent silica content)
(b)Others Seventy two rupees per tonne.
Sixty three rupees per tonne 39
25. Lime kankar Sixty three rupees per tonne
26. Limeshell Sixty three rupees per tonne
27. Magnesite Three per cent of sale price on ad valorem basis.
28. Manganese Ore :
(a)Ore of all grades
(b)Concentrates Four point two per cent of sale price on ad valorem basis.
One point four per cent of sale price on ad valorem basis.
29. Crude Mica, Waste Mica and Scrap Mica Four per cent of sale price on ad valorem basis.
30. Monazite One hundred and twenty five rupees per tonne.
31. Nickel Zero point one two per cent of London Metal Exchange nickel metal price chargeable on contained nickel metal in ore produced.
32. Ochre Twenty rupees per tonne.
33. Pyrites Two per cent of sale price on ad valorem basis.
34. Pyrophyllite Twenty per cent of sale price on ad valorem basis.
35. Quartz Fifteen per cent of sale price on ad valorem basis.
36. Ruby Ten per cent of sale price on ad valorem basis.
37. Silica sand, Moulding sand and Quartzite Eight per cent of sale price on ad valorem basis.
38. ** Sand for Stowing Three rupees per tonne
39. Selenite Ten per cent of sale price on ad valorem basis.
40
40. Sillimanite Two and half per cent of sale price on ad valorem basis.
41. Silver
(a) By-product
(b)Primary silver Seven per cent of London Metal Exchange Price chargeable on byproduct silver metal actually produced.
Five per cent of London Metal Exchange silver metal price chargeable on the contained silver metal in ore produced.
42. Slate Forty five rupees per tonne
43. Talc, Steatite and Soapstone Eighteen per cent of sale price on ad valorem basis.
44. Tin Seven point five per cent of London Metal Exchange tin metal price chargeable on the contained tin metal in ore produced
45. Tungsten Twenty rupees per unit per cent of contained WO3 per tonne of ore and on pro rata basis.
46. *** Uranium Royalty on mineral uranium at the rate of two per cent of the compensation amount received by M/s. Uranium Corporation of India Limited (UCIL), for the mineral uranium and the total amount of royalty will be apportioned among the different states on the basis of data provided by Department of Atomic Energy.
47. Vanadium Twenty per cent of sale price on ad valorem basis.
48. Vermiculite Three per cent of sale price on ad valorem basis.
49. Wollastonite Twelve per cent of sale price on ad valorem basis.
50.Zinc Eight per cent of London Metal Exchange zinc metal price on ad valorem basis chargeable on contained zinc metal in ore produced.
41 Eight point four per cent of London Metal Exchange zinc metal price on ad valorem basis chargeable on contained zinc metal in concentrate produced.
51. All other minerals not here-in-before specified [Agate, Chalk, Clay(Others), Corundum, Diaspore, Dunite, Felsite, Fuschite-Quartzite, Kyanite, Jasper, Perlite, Rock Salt, Shale, Pyroxenite, etc.]
Ten per cent of sale price on ad valorem basis.
Explanation :
1. For the purpose of grading of coal the specification of each grade of the coal shall be as prescribed under rule 3 of the Colliery Control Rules, 2004.
2. Rates of royalty in respect of item No.10 relating to Coal including Lignite as revised vide notification number G.S.R. 349 (E), dated the 10 th May, 2012, of the Government of India in the Ministry of Coal shall remain in force until revised through a separate notification by the Ministry of Coal.
** Rates of Royalty in respect of item 38 relating to Sand for Stowing as revised vide notification number G.S.R. 214(E) dated the 11 th April, 1997 will remain in force until revised through a separate notification by the Department of Coal.
*** Rates of royalty in respect of item No.46 relating to Uranium as revised vide notification number G.S.R. 96(E), dated the 13 th February, 2009 will remain in force until revised.
Note: The rates of royalty for the State of West Bengal in respect of minerals except the mineral specified against item number 10 shall remain the same as specified in the notification of the Government of India in the Ministry of Steel and Mines (Department of Mines) number G.S.R.
458(E), dated the 5 th May, 1987 till the outcome of litigation pending in the Supreme Court of India.
42 1THE THIRD SCHEDULE (See Section 9A) RATES OF DEAD RENT
1. Rate of dead rent applicable to the leases granted for low value minerals are as under :
Rates of dead rent in rupees per hectare per annum From second years of lease Third year and fourth year Fifth year onward 200 500 1000
2. Two times the rate specified under (1) above in case of lease granted for medium value mineral(s).
3. Three times the rates specified under (1) above in case of lease granted for high value mineral(s).
4. Four times the rates specified under (1) above in case of lease granted for precious metals and stones.
Note :
1. For the purpose of this notification –
(a) “precious metals and stones” means gold, silver, diamond, ruby, sapphire and emerald;
(b) “high value minerals” means semi-precious stones (agate, gem garnet), corundum, copper, lead, zinc, asbestos (chrysotile variety) and mica;
(c) “medium value minerals” means chromite, manganese ore, kyanite, sillimanite, vermiculite, magnesite, wollastonite, perlite, diaspore, apatite, rock phosphate, fluorite (fluorspar) and barytes;
(d) “low value minerals” means minerals other than precious metals and stones, high value minerals and medium value minerals;
2. The rates of dead rent for the State of West Bengal shall remain the same as specified in the notification of the Government of India in the Ministry of Steel and Mines (Department of Mines) No. G.S.R. 458(E), dated the 5 th May, 1987” till the outcome of pending litigation in the Supreme Court of India.
1 Substituted by GSR 575(E) dt.13.8.2009