The Mines and Minerals (Development and Regulation) Act, 1957

Administered Ministry: Ministry of Mines

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Section

Section 30C Special Courts to have powers of Court of Session.

¹[30C. Special Courts to have powers of Court of Session.--- Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to the proceedings before the Special Court and for the purpose of the provisions of this Act, the Special Court shall be deemed to be a Court of Session and shall have all powers of a Court of Session and the person conducting a prosecution before the Special Court shall be deemed to be a public prosecutor.]

¹. Ins. by Act 10 of 2015, s. 21 (w.e.f. 12-1-2015).

Section 31 Relaxation of rules in special cases.

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, authorise in any case the grant, renewal or transfer of any ¹[mineral concession], 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.

¹. Subs. by Act 16 of 2021, s. 2, "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-2021).

Section 32 [Repealed].

[Amendments to Act 53 of 1948].--Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First Schedule (w.e.f. 26-12-1960).

Section 33 Validation of certain acts and indemnity

All acts of executive authority done, proceedings taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 1948 (53 of 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.

Section 25C Appeal.

¹[25C. Appeal.---(1) Whoever aggrieved by the order passed by the adjudicating officer under section 25B may, within thirty days from the date of receipt of order, prefer an appeal to an officer not below the rank of Joint Secretary to the Government of India, who shall be appointed by the Central Government as an appellate authority, in such form and manner as may be prescribed.

(2) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such an order as it thinks fit, confirming, modifying or setting aside the order appealed against.

(4) Where an appeal is preferred against any order of the adjudicating officer under sub-section (1), it shall not be entertained by the appellate authority unless the person has deposited with the said authority ten per cent. of the amount of the penalty imposed by the adjudicating officer.

(5) An appeal under this section shall be disposed of within sixty days from the date of filing.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-8-2026).

Section 25D Power of Central Government to make rules in respect of adjudication and appeal.

¹[25D. Power of Central Government to make rules in respect of adjudication and appeal.---(1) The Central Government may, by notification in the Official Gazette, make rules for regulating the adjudication of penalty and appeal and for purposes connected therewith.

(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely---

(a) the manner of holding an inquiry and imposing penalties under sub-sections (1) and (2) of section 25B; and

(b) the form and manner of preferring appeal to the appellate authority against the order of adjudicating officer under sub-section (1) of section 25C.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-8-2026).

Section 25B Adjudication of penalties.

¹[25B. Adjudication of penalties.---(1) For the purposes of adjudication of penalties under section 25A, for contravention of the rules relating to mining plan, mine closure plan, submission of reports to Indian Bureau of Mines or other authority subordinate to the Central Government and other functions of Central Government or an authority or officer subordinate to such Government, the Central Government shall appoint an officer not below the rank of Deputy Secretary to the Government of India as an adjudicating officer, for holding an inquiry and imposing penalties in the manner, as may be prescribed by the Central Government:

Provided that the Central Government may appoint as many adjudicating officers as may be required.

(2) The State Government, for the purpose of determining the penalties under section 25A, other than those covered under sub-section (1), shall appoint an officer not below the rank of Joint Secretary to the State Government to be the adjudicating officer, for holding an inquiry and imposing penalties in the manner, as may be prescribed by the Central Government:

Provided that the Central Government may appoint as many adjudicating officers as may be required.

Provided further that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-8-2026).

Section 25A Penalty.

¹[25A. Penalty.---(1) Whoever contravenes the provisions of the rules made under the Act, other than those rules made under section 23C, or the terms and conditions of mineral concession granted under this Act shall be liable to a penalty which may extend to fifty lakh rupees.

(2) Where any person continues contravention made under sub-section (1), even after direction of the adjudicating officer appointed under section 25B regarding such contravention, he shall be liable to additional penalty of fifty thousand rupees for every day during which such contravention continues.]

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 1-8-2026).

Section 9D Certain conditions or restrictions on imposition of tax, cess, etc

¹[9D. Certain conditions or restrictions on imposition of tax, cess, etc.—(1) No tax, cess or such other levy (by whatever name called) shall be imposed by the State Government on—

(a) mineral rights; or

(b) mineral bearing lands, either based on mineral quantity or mineral value or royalty payable or otherwise,

except in accordance with such conditions or restrictions as may be prescribed by the Central Government.

(2) Notwithstanding anything contained in any other law for the time being in force, or in any judgment, decree or order of any court, the imposition of such tax, cess or other levy by the State Government on—

(a) mineral rights; or

(b) mineral bearing lands either based on mineral quantity or mineral value or royalty payable or

otherwise,

which is not deposited with the State Government or recovered by it before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2026, shall be deemed to be invalid at all material times:

Provided that any such tax, cess or other levy on mineral rights or on mineral bearing lands, already deposited with the State Government or recovered by it before such commencement, shall not be liable to be refunded.]

1. Ins. by Act 20 of 2026, s. 4 (w.e.f. 22-8-2026).