The Mines and Minerals (Development and Regulation) Act, 1957
Administered Ministry: Ministry of Mines
Section 18B Development of market.
(2) The Central Government may, by notification in the Official Gazette, appoint any authority to register and regulate mineral exchanges.
(3) 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) registration of mineral exchanges and revocation of such registration;
(b) regulation of all aspects and activities of mineral exchanges and market oversight;
(c) levy of fees and other charges;
(d) maintenance of a data bank of information on activities relating to mineral trading on mineral exchanges;
(e) prevention of cartelization, insider trading, circular trading, market manipulation and any other matter which is detrimental to the participants of the mineral exchanges;
(f) grievance redressal of participants of mineral exchanges; and
(g) any other matter which is to be, or may be, prescribed.]
Section 19 Mineral concession to be void if in contravention of Act.
Explanation.--- Where a person has acquired more than one 2[mineral concession] 3*** and the aggregate area covered by such 4[permits, licences or leases], as the case may be, exceeds the maximum area permissible under section 6, only that 2[mineral concession] the acquisition of which has resulted in such maximum area being exceeded shall be deemed to be void.
2. Subs. by Act 16 of 2021, s. 2, "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-2021).
3. The words "in any State" omitted by Act 25 of 1994, s. 8 (w.e.f. 25-1-1994).
4. Subs. by Act 38 of 1999, s. 16, for "licences or leases" (w.e.f. 18-12-1999).
Section 20 Act and rules to apply to all renewals of prospecting licences and mining leases.
Section 20A Power of Central Government to issue directions.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may also issue directions in respect of the following matters, namely:--
(i) improvement in procedure for grant of mineral concessions and to ensure co-ordination among agencies entrusted with according statutory clearances;
(ii) maintenance of internet-based databases including development and operation of a mining tenement system;
(iii) implementation and evaluation of sustainable development frameworks;
(iv) reduction in waste generation and related waste management practices and promotion of recycling of materials;
(v) minimising and mitigating adverse environmental impacts particularly in respect of ground water, air, ambient noise and land;
(vi) ensuring minimal ecological disturbance, in terms of bio-diversity, flora, fauna and habitat;
(vii) promoting restoration and reclamation activities so as to make optimal use of mined out land for the benefit of the local communities; and
(viii) such other matters as may be necessary for the purposes of implementation of this Act.]
Section 21 Penalties. 1 docs
1[(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to five lakh rupees per hectare of the area.
2[(2) Whoever contravenes the provisions of the rules made under section 23C shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.
(2A) Where any person fails to pay the penalty or the additional penalty, as the case may be, imposed under the provisions of section 25B or section 25C within ninety days of such imposition, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the penalty or additional penalty so imposed or with both.]]
3[(3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land.
4[(4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf.
(4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court.]
(5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority.]
5[(6) Notwithstanding anything contained in the 6[Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023)], an offence under sub-section (1) shall be cognizable.]
7[Explanation.--- On and from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021 (16 of 2021), the expression "raising,transporting or causing to raise or transport any mineral without any lawful authority" occurring in this section, shall mean raising, transporting or causing to raise or transport any mineral by a person without prospecting licence, mining lease or composite licence 8[, exploration licence] or in contravention of the rules made under section 23C.]
1. Subs. by Act 10 of 2015, s. 19 for sub-sections (1) and (2) (w.e.f. 12-1-2015).
2. Subs. by Act 8 of 2026, s. 2 and Sch., for sub-section (2) (w.e.f. 1-8-2026).
3. Ins. by Act 56 of 1972, s. 12 (w.e.f. 12-9-1972).
4. Subs. by Act 38 of 1999, s. 17, for sub-section (4) (w.e.f. 18-12-1999).
5. Ins. by Act 37 of 1986, s. 16 (w.e.f. 10-2-1987).
6. Subs. by Act 8 of 2026, s. 2 and Sch., for “Code of Criminal Procedure, 1973 (2 of 1974)” (w.e.f. 1-8-2026).
7. Ins. by Act 16 of 2021, s. 20 (w.e.f. 28-3-2021).
8. Ins. by Act 16 of 2023, s. 18 (w.e.f. 17-8-2023).
Section 22 Cognizance of offences.
Section 23 Offences by companies.
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) 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 shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.--- For the purposes of this section,---
(a) "company" means any body corporate and includes a firm or other association of individuals;
(b) "director" in relation to a firm means a partner in the firm.
Section 23A Compounding of offences.
Provided that in the case of an offence punishable with fine only, no such sum shall exceed the maximum amount of fine which may be imposed for that offence.
(2) Where an offence is compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith.]
Section 23B Power to search.
2. Ins. by Act 38 of 1999, s. 18 (w.e.f. 18-12-1999).
Section 23C Power of State Government to make rules for preventing illegal mining, transportation and storage of minerals.
(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) establishment of check-posts for checking of minerals under transit;
(b) establishment of weigh-bridges to measure the quantity of mineral being transported;
(c) regulation of mineral being transported from the area granted under a prospecting licence or a mining lease or a quarrying licence or a permit, in whatever name the permission to excavate minerals, has been given;
(d) inspection, checking and search of minerals at the place of excavation or storage or during transit;
(e) maintenance of registers and forms for the purposes of these rules;
(f) the period within which and the authority to which applications for revision of any order passed by any authority be preferred under any rule made under this section and the fees to be paid therefor and powers of such authority for disposing of such applications; and
(g) any other matter which is required to be, or may be, prescribed for the purpose of prevention of illegal mining, transportation and storage of minerals.
(3) Notwithstanding anything contained in section 30, the Central Government shall have no power to revise any order passed by a State Government or any of its authorised officers or any authority under the rules made under sub-sections (1) and (2).]
Section 24 Power of entry and inspection.
(a) enter and inspect any mine;
(b) survey and take measurements in any such mine;
(c) weigh, measure or take measurements of the stocks of minerals lying at any mine;
(d) examine any document, book, register, or record in the possession or power of any person having the control of, or connected with, any mine and place marks of identification thereon, and take extracts from or make copies of such document, book, register or record;
(e) order the production of any such document, book, register, record, as is referred to in clause (d); and
(f) examine any person having the control of, or connected with, any mine.
(2) Every person authorised by the 1[Central Government or a State Government] under sub-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 conferred 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.
2. The words "or special" omitted by s. 20, ibid. (w.e.f. 18-12-1999).
Section 24A Rights and liabilities of a holder of prospecting licence or mining lease.
Provided that no person shall enter into any building or upon an enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so.
(2) The holder of a 3[mineral concession] referred to in sub-section (1) shall be liable to pay compensation in such manner as may be prescribed to the occupier of the surface of the land granted under 7[such permit, licence or lease] for any loss or damage which is likely to arise or has arisen from or in consequence of the 8[reconnaissance, mining or prospecting operations].
(3) The amount of compensation payable under sub-section (2) shall be determined by the State Government in the manner prescribed.]
2. Subs. by Act 16 of 2023, s. 19, for the marginal heading (w.e.f. 17-8-2023).
3. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-3021).
4. Subs. by Act 38 of 1999, s. 21, for "holder of such licence or lease" (w.e.f. 18-12-1999).
5. Subs. by s. 21, ibid., for "such lease or licence had been granted" (w.e.f. 18-12-1999).
6. Subs. by s. 21, ibid., for "prospecting or mining operations" (w.e.f. 18-12-1999).
7. Subs. by s. 21, ibid., for "such licence or lease" (w.e.f. 18-12-1999).
8. Subs. by s. 21, ibid., for "mining or prospecting operations" (w.e.f. 18-12-1999).
Section 25 Recovery of certain sums as arrears of land revenue.
3[(2) Any rent, royalty, tax, fee or other sum due to the Government either under this Act or any rule made thereunder or under the terms and conditions of any 2[mineral concession] may, on a certificate of such officer as may be specified by the State Government in this behalf by general or special order, be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the Government after the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972), together with the interest due thereon shall be a first charge on the assets of the holder of the 2[mineral concession], as the case may be.]
2. Subs. by Act 16 of 2021, s. 2, for "reconnaissance permit, prospecting license or mining lease" (w.e.f. 28-3-3021).
3. Ins. by Act 56 of 1972, s. 14, (w.e.f. 12-9-1972)..
Section 26 Delegation of powers. 1 docs
(a) such officer or authority subordinate to the Central Government; or
(b) such State Government or such officer or authority subordinate to a State Government, as may be specified in the notification.
(2) The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this 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 such officer or authority subordinate to the State Government as may be specified in the notification.
(3) Any rules made by the Central Government under this Act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any State Government or any officer or authority subordinate thereto.
Section 27 Protection of action taken in good faith.
Section 28 Rules and notifications to be laid before Parliament and certain rules to be approved by Parliament.
(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.
2[(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.]
2. Ins. by Act 25 of 1994, s. 10 (w.e.f. 25-1-1994)
Section 29 Existing rules to continue.
Section 30 Power of revision by Central Government.
(a) 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; or
(b) where no such order has been made by the 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 within the time prescribed therefore, pass such order as it may think fit and appropriate in the circumstances:
Provided that in cases covered by clause (b) the Central Government shall, before passing any order under this clause, give an opportunity of being heard or to represent in the matter.]
Section 30A Special provisions relating to mining leases for coal granted before 25th October, 1949.
Section 30B Constitution of Special Courts.
(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with the concurrence of the High Court.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has been a District and Sessions Judge.
(4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court within a period of sixty days from the date of such order.]