LexThe Nagaland (Ownership & Transfer of Land and its Resources Act,1990
Nagaland · state statute
Open in Lexace · Ask the AI about this actTHE NAGALAND OWNERSHIP AND TRANSFER OF LAND AND ITS
RESOURCES ACT, 1990
(THE NAGALAND ACT NO. 1 OF 1993)
Received the assent of the Governor of Nagaland on 27-5-93 and published in
the Nagaland Gazette extraordinary Dated 6th July, 1993,
An
Act.
to provide, in the public interest, for the ownership and transfer of land and its
resources in the State of Nagaland, for the imposition of tax on mineral rights, for the
further amendment of law relating to acquisition of land and its resources in
Nagaland, and for matters connected therewith or incidental thereto.
WHEREAS by virtue of the provisions of Clause (1) (a) (iv) of Article 371-A of the
constitution, no Act of Parliament in respect of the ownership and transfer of land and
its resources shall apply to the State of Nagaland unless the Legislative Assembly of
Nagaland, by a resolution, so decides
AND WHEREAS no such resolution has been passed by the Legislative Assembly of
Nagaland
AND WHEREAS in the absence of any such resolution, it has become necessary for
the Legislative Assembly of Nagaland to regulate by law, the ownership and transfer
of land and its resources in the State of Nagaland,
IT IS, THEREFORE, enacted by the Legislative Assembly of the State of Nagaland
in the Forty-first Year of the Republic of India as follows:
CHAPTER 1
PRELIMINARY
1. (1) This Act may be called the Nagaland (Ownership and Transfer of Land and its
Resources) Act, 1990.
(2) It extends to the whole of the State of Nagaland.
(3) Sections 4, 10, 11, 16, 20, 60, 72, to 76, (both inclusive) and 87 shall come
into force on the appointed day and the remaining provisions of this Act shall
be deemed always to have come into force on the 1st day of December, 1963
that is to say, the date on which the Constitution (Thirteenth Amendment) Act,
1963 came into force.
Definitions
2. In this Act, unless the context otherwise requires,
(a) “appointed day” in relation to any provision of this Act, means such day as
the State Government, by notification published in the Official Gazette,
appoint in relation to that provision, and different dates may be appointed for
different provisions of this Act, and any reference in any provision of this Act
to the appointed day shall be construed as a reference to the commencement
of that provision;
(b) “drilling operations” means any operations, whether by drilling or otherwise,
for the purpose of locating or proving oil-field or other sources of mineral
deposits;
(c) “Government company” means any company in which not less then fifty-one
percent of the paid-up share capital is held by the Central Government or any
State Government or Governments or partly by the Central Government and
partly by one or more State Governments and includes a company which is a
subsidiary of a Government company as so defined;
(d) “land and its resources” means advantages derived from the surface of the
land and all that is below it and which is valuable or is a source of money or
income, and includes:-
(i) minerals,
(ii) mineral oils, petroleum and petroleum products (including liquid
petroleum gas) and
(iii) every other product of mines including forest and forest products.
(e) “minerals” means all substances which can be obtained from the earth by
mining, digging, drilling, dredging hydraulicing, quarrying or by any other
operation, and includes mineral oils (which in turn include crude oil, natural
gas and petroleum);
(f) “mining lease” means a lease granted for the purpose of undertaking mining
operations, and includes a sub-lease granted for all or any of such purposes;
(g) “mining operations” means any operation undertaken for the purpose of
winning any mineral.
(h) “minor minerals” means building stones, gravel, ordinary clay, ordinary sand
other than sand used for any of the prescribed purposes, and includes any
other mineral which the State Government may, by notification, declare to be
a minor mineral,
(i) “motor conveyance” means any vehicle, vessel or aircraft for the conveyance
of human beings, other animals or goods by land, water or air in which crude
or mineral oils or natural gas or any other source of energy is used to generate
the motive power;
(j) “notification” means a notification published in the Official Gazette;
(k) “oil field” means any area where any operation for the purpose of obtaining
natural gas or petroleum, or both, crude oil, partially refined oil and any of
the products of petroleum in liquid form or solid State is be, or is to being
carried on;
(l) “Petroleum” means any liquid hydrocarbon or mixture of hydrocarbons, and
any inflammable mixture liquid, viscous or solid, containing any
hydrocarbon;
(m) “Prescribed” means prescribed by rules made under this Act;
(n) “Prospecting licence” means a licence granted under this Act for carrying out
prospecting operations in the State for the purpose of locating or proving die
existence of any mineral, oil-field or other source of minerals;
(o) “Prospecting operations” means any operations (including drilling)
undertaken for the Purpose of exploring, locating or proving the existence of
any mineral deposit or oil-field or other source of minerals;
(p) “State” means the State of Nagaland.
(q) “to transport minerals” means to move minerals from one place in the State to
another place, whether, within or outside the State, by any means whatsoever,
and includes movement from one place in the State to another place in the
state across a territory which is not a part of the State;
(r) “to store minerals” means to keep any mineral in one or more places in the
State but does not include any detention happening during the ordinary
course of transport;
(s) “to import minerals” means to bring any mineral into the State by land, air,
pipeline or otherwise;
Central Act 35 of 1952
(t) the expressions “mine”, “minerals” and “owner” have the meanings,
respectively, assigned to them in the Mines Act, 1952.
CHAPTER II
GENER&L RESTRICTIONS ON UNDERTAKING, PROSPECTING
AND MINING OPERATIONS
Prospecting or mining operations to be under licence or lease
3. (1) No person shall undertake any prospecting or mining operations in any area in
the State except under, and in accordance with, the terms and conditions 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 Subsection shah apply to any prospecting operations
undertaken by the Geological Survey of India, Bureau of Mines, Atomic Minerals
Division of the Department of Atomic Energy of the Central Government, directorate of
Mining and Geology of the State Government by whatever name called or a Government
company or any other authority specified under this Act;
(2) No Prospecting licence or mining lease shall be granted otherwise than in
accordance with the provisions of this Act and the rules made thereunder;
(3) The holder of a prospecting licence or a mining lease, whether granted under
sub-section (i) of this section or continued under Sub-section 4, shall have,
while carrying on such prospecting or mining operations, the same powers,
and shall be subject to the same obligations, conditions and restrictions as the
authority specified under Section 21 may exercise and be subject to the
provisions of the said Section 21, and the provisions of the said Section except
Sub-section (6) thereof shall apply to such holder of prospecting licence or
mining lease to the same extent as they apply to the specified authority and for
this purpose, reference in the said Section 21 to the “specified authority” shall
be construed as references to such holder of prospecting licence or mining
lease;
Existing prospecting licences and mining Leases and rights acquired or liability
incurred thereunder to continue
4. (1) Every prospecting licence or mining lease granted before the appointed day
under any Act of Parliament and the rules made thereunder, and in force
immediately before the appointed day, shall continue to be in force until the
expiry of the period of validity or termination thereof, whichever is earlier, as
if such licence or mining lease were granted under the corresponding
provisions of this Act and the rules made thereunder.
(2) Every prospecting licence or mining lease which continues to be in force by
virtue of the provisions of Sub-section (1), shall be held under the same terms,
conditions and restrictions on which they were held immediately before the
appointed day as if such terms, conditions and restrictions were imposed by or
under the corresponding provisions of this Act or the rules made there under,
and every inquiry instituted, right acquired or liability incurred, immediately
before the appointed day may be continued, enforced or imposed, as the case
may be, as if such inquiry were instituted, rights were acquired or liability
were incurred under the corresponding provisions of this Act and the rules
made there under :
Provided that no person shall be subjected to a penalty greater than that which might have
been ifliced under the Act of Parliament and the rules made there under as in force at the
time of the commission of the offence.
Termination of prospecting licence or mining lease
5. (1) Where the State Government is of opinion that it is expedient in the interest of
regulation of mines and mineral development, preservation of natural
environment, control of floods, prevention of pollution or to avoid danger to
public health or communication or to ensure safety of buildings, monuments
or other structures or for the conservation of mineral resources or for safety in
mines, or for such other purposes as the State Government may think fit, it is
necessary in the public interest so to do in respect of any area within the State,
it may make an order making a premature termination of such prospecting
licence or mining lease with respect to such area or part thereof, and granting a
fresh prospecting license or mining lease in respect of such area in favour of
such Government company or corporation owned or controlled by
Government as it may think fit :
Provided that no such termination shall be made after giving to the holder of such
prospecting licence or the lease of such mining lease a reasonable opportunity of being
heard.
(2) Where the holder of a prospecting licence or mining lease fails to undertake
prospecting or mining operations for a period of one year from the date of the
issue of the licence or, as the case may be, lease, or having commenced
prospecting or mining operations, has discontinued the same for a period of
one year, the prospecting licence or the mining lease, as the case may be, shall
lapse on the expiry of the period of one year from the date for issue or as the
case may be, the discontinuance of the prospecting or mining operations :
Provided that the State Government may, on an application made by the holder of such
licence or lease before the expiry of the said period of one year, and on being satisfied that
it will not be possible for the holder of such licence or lease to undertake prospecting or
mining operations or to continue such operations for reasons beyond his control, make an
order, subject to such conditions as may be prescribed, to the effect that the said licence or
lease shall not lapse.
(3) Where a prospecting licence or mining lease has lapsed under Sub-section (2)
the State Government may, on an application made to it by the, holder of such
licence or lease, submitted within a period of six months from the date of its
lapse and on being satisfied that such non-commencement or discontinuance
was due to reasons beyond the control of the holder of such licence or lease,
revive the licence or lease, as the case may be, from such prospective or
retrospective date as it thinks fit but not earlier than the date of lapse of the
licence or lease :
Provided that no licence or lease shall be revived under this Sub-section for more than
twice during the entire period of the licence or lease, as the case may be.
Restrictions on the grant of prospecting licence or mining lease
6. (1) No prospecting licence or mining lease shall be granted to any person unless
he-
(a) holds a certificate of approval in the prescribed form from the State
Government,
(b) satisfies such other conditions as may be prescribed.
Explanation : For the purpose of this Sub-section, a person shall be deemed to hold a
certificate of approval notwithstanding that at the relevant time his certificate of approval has
expired, if an application for its renewal is pending at that time.
(2) No prospecting licence or mining lease shall be granted to any person who is
not an Indian national.
Explanation : For the purpose of this Sub-section, a person shall he deemed to be an Indian
national,
Central Act 1 of 1956
(a) in the case of 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 fifty-one percent 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 said Act, only if all the
members of the company are citizens of India;
(c) in the case of a firm or other association of individuals, only if the
partners or members of the firm or association are citizens of India; and
(d) in the case of an individual, if he is a citizen of India,
(3) No prospecting licence or mining lease shall be granted unless the State
Government is satisfied that —.
(a) there is evidence to show that the area for which prospecting licence or
lease has been applied for has been prospected earlier and the existence of
mineral prospects therein has been established :
Provided that nothing in this Clause shall apply to any area if such area has already been
prospected by a Department or an agency of the Government and the existence of mineral
contents there has been established;
(b) there is a mining plan duly approved by the State Government for the
development of mineral deposits in the area concerned.
Maximum area for which a prospecting licence or a mining lease can be granted
7. (1) No person shall acquire in the State in respect of any mineral or prescribed
group of associated minerals
(a) One or more prospecting licences covering a total area of more than
twenty-five square kilometers in the case of minerals (other than mineral
oils) and two hundred and twenty-five square kilometers in the case of
mineral oils;
(b) One more mining lease covering a total area of not more than ten square
kilometers, in case of all minerals (except mineral oil) and seventy five
square kilometers in case of mineral oils:
Provided that if the State Government is of opinion that in the interest of the development
of any mineral, it is necessary so to do, it may, for reasons to be recorded by it in writing,
permit any person to acquire one or more prospecting licences or mining leases covering
an area in excess of the aforesaid total area;
(c) Any prospecting licence or mining lease in respect of an area which is not
compact or contiguous;
Provided that if the State Government is of opinion that in the interest, of the development
of any mineral, it is necessary so to do, it may, for reasons to be recorded by it in writing,
permit any person to acquire a prospecting licence or mining lease in relation to any area
which is not compact or contiguous.
(2) For the purpose of this Section, a person acquiring by, or in the name of
another person, a prospecting licence or mining lease which is intended of for
himself shall be deemed to be acquiring it himself.
(3) For the purpose of determining the total area referred to in Sub-section (1), the
area held under a prospecting licence or mining lease by a person as a member
of a co-operative society, company or other corporation, or a partner of a firm,
shall be deducted from the area refereed to in Subsection (1) so that the sum
total of area held by such person, under a prospecting licence or a mining
lease, whether as such member or partner, or individually, may not in any
case, exceed the total area specified in Sub-section (1).
Periods for which prospecting licence may be granted or renewed
8. (1) The period for which a prospecting licence may he grants shall not -
(i) in the case of mica, exceed two years; and
(ii) in the case of any other mineral, exceed four years.
(2) If the State Government is satisfied that longer period is required, in the public
interest, to enable the licencees to complete prospecting operations it may
renew a prospecting licence for a further period of one year at a time, but such
further period shall not exceed four years in the aggregate.
Periods for which mining leases may be granted or renewed
9. (1) The period for which a mining lease may be granted shall not exceed twenty
years.
(2) A mining lease may be renewed for two periods but each of such period shall
not exceed ten years
(3) Notwithstanding anything contained in Sub-section (2), if the State
Government is of opinion that in the interest of mineral development, it is
necessary so to do in the public interest, it may, for reasons to be recorded by
it in writing, authorize renewal of a mining lease for a further period or
periods not exceeding in the each case the period or periods not exceeding in
each case the period for which the mining lease was originally granted.
Royalties in respect of mining leases
10. (1) The holder of a mining lease granted, or continue under Section 4, on or after
the appointed day shall, notwithstanding anything contained in the instrument
of lease, pay to the State Government royalty in respect of any mineral
removed or consumed by him or by his agent, manager, employee, contractor
or sub lease from the leased area at the rate for the time specified in the First
Schedule in respect of that mineral.
(2) Notwithstanding anything contained in Sub-section (1) the holder of a mining
lease, whether granted before or after the appointed day, shall not be 1iable to
pay any royalty in respect of any coal consumed by workman engaged in
acolliery, provided that such consumption by the workman does not exceed
one-third of a tone per month :
Provided further that no royalty shall be payable in respect of any crude oil, casing head
condensate as natural gas which is unavoidably lost or returned to the reservoir or is used
for operations relating to the production of petroleum or natural gas or both.
(3) The State Government may, by notification, amend the First 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 State Government shall not enhance the rate of royalty in respect of any
mineral more then once during any period of two years.
Dead rent to be paid by leases
11. (1) The holder of a mining lease granted or continued under Section 4, on or after
the appointed day shall, notwithstanding anything contained in the instrument
of lease, pay to the State Government dead rent at such rates as may be
specified for the time being in the Second Schedule, for all the areas of the
State included in the instrument of lease.
(2) The State Government may, by notification, amend the Second Schedule so as
to enhance or reduce the rate at which dead rent shall be payable, in respect of
any area covered by a mining lease and such enhancement or reduction shall
take effect from such date as may be specified in the notification.
Provided that the State Government shall not enhance the rate of dead rent in respect of
any such area more than once during any period to two years.
CHAPTER III
PROCEDURE FOR OBTAINING PROSPECTING LICENCES OR
MINING LEASES IN RESPECT OF LAND
Application for prospecting licence or mining lease
12. (1) An application for a prospecting licence or mining lease in respect of any land
within the State in which minerals vest in the State Government shall be made
to the State Government in the prescribed from and shall be accompanied by
the prescribed fee.
(2) Where an application received under Sub-section (1) there shall be sent to the
applicant an acknowledgement of its receipt within the prescribed time 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 the rules made thereunder,
grant or refuse to grant the licence or lease
Provided that no such refusal shall be made except after giving to the applicant a
reasonable opportunity of being heard.
Preferential rights of certain persons
13. (1) Where prospecting licence has been granted in respect of any land within the
State, the holder of the licence shall have a preferential right for obtaining a
mining lease in respect of that land over any other person:
Provided that the State Government is satisfied that the licencee had not committed any
breach of the terms and conditions of the 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 prospecting licence or a mining lease in respect of the same land,
the applicant whose application was received earlier shall have a preferential
right for the grant of the licence or lease, as the case may be, over the
applicant whose application was received later:
Provided that where any such application is received on the same day, the State
Government may, after taking into consideration the matters specified in Sub-section(3),
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 following:
(a) any special knowledge of, or experience in, prospecting operations or
mining operations, as the case may be, possessed by the applicant;
(b) The financial resources of the applicant;
(c) The nature and quality of the technical staff employed or to be employed,
by the applicant;
(d) Such other matters as may be prescribed.
(4) Notwithstanding anything contained in Sub-section (2) but subject to the
provisions of Sub-section (1), the State Government may, for any specified
reasons to be recorded by it in writing, grant a prospecting licence or a mining,
grant a prospecting licence or a mining lease to an applicant whose application
was received later in preference to an applicant whose application was
received earlier.
Register of prospecting licences and mining leases
14. (1) The State Government shall cause to be maintained, in the prescribed form;
(a) a register of applications for prospecting licences;
(b) a register of applications for mining leases;
(c) a register of applications for prosecuting leases;
(d) a register of mining leases.
(2) Every such register shall be open to inspection by any person on payment of
such fee as may be prescribed.
CHATER IV
RULES FOR REGULATING THE GRANT OF
PROSPECTING LICENCES AND MINING LEASES
Power of State Government to make rules in respect of minerals
15. (1) The State Government may by notification, make rules regulating the grant of
prospecting licences and mining leases in respect of minerals and for purposes
connected therewith.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for au or any of the following matters namely:
(a) the persons by whom and the manner in which applications for
prospecting licence, quarry lease, mining lease or other concessions may
be made and the fees to be paid therefore;
(b) the time within which and the form in which acknowledgement of the
receipt of any such application may be sent;
(c) the matters which may be considered where applications in respect of the
same land are received within the same day;
(d) the persons to whom certificates of approval may be granted, the form of
such certificate and the fee payable for the grant or renewal of such
certificate;
(e) the terms on which, and tile conditions subject to which and the authority
by which prospecting licences, quarry leases, mining leases or other
mineral concessions may he granted or renewed in respect of land of
which minerals vest in the State Government;
(f) the procedure for obtaining prospecting licences, quarry leases, mining
leases or other mineral concessions;
(g) the facilities to be afforded by holders of quarry leases, mining leases or
other mineral concessions to persons deputed by the Government for the
purpose of undertaking research or training in matters relating to mining
operation;
(h) the fixing and collection of rent, royalty, cess, dead rent, fines or other
charges and the time within which and the manner in which these shall be
payable;
(i) the manner in which right of any owner of land may he protected
(whether by way of payment of compensation or otherwise) in cases
where any owner is prejudicially affected by reason or any prospecting or
mining operations; and the person by whom and the manner in which
such protections shall, be made, or, as the case may be, the compensation
shall be paid, and in the event of any dispute as to such protective work or
as to the amount or such compensation, the authority by whom such
disputes shall he settled;
(j) the manner, in which rehabilitation of flora and other vegetation, such as
trees, shrubs and the like, destroyed by reasons of any prospecting,
quarrying or mining operations shall he made in the same area or any
other area selected by the State Government (whether by way of
reimbursement of the cost to rehabilitation or otherwise) by the person
holding the prospecting licence, quarrying or mining lease;
(k) the construction, maintenances and use of road, transmission lines,
tramways, railways, aerial, ropeways, pipelines and the making of
passage for water for mining purposes on any land comprised in a quarry
or mining lease or other mineral concession;
(l) the form of registers to be maintained under this Act;
(m) the reports and Statements to be submitted by holders of prospecting
licences, quarry or mining leases or other mineral concessions and the
authority to which such reports and Statements shall be submitted;
(n) the period within which and the manner in which and the authority to
which appeal or revision of any order passed by any authority under these
rules may be made, the fees to be paid therefore, and the powers of the
appellate and revisional authority; and
(o) any other matter which is to be, or may be, prescribed.
Sections 3 to 15 not to apply to minor minerals
16. The provisions of Sections 3 to 15 (both inclusive) shall not apply to quarry
leases, mining leases or other mining concessions in respect of minor minerals.
Power of State Government to make rules in respect of minor minerals
17. (1) The State Government may, by notification, make rules for regulating the
grant of quarry leases or other mining concessions in respect of minor
minerals and for purposes connected therewith.
(2) Until rules are made under Sub-section (1), the State Government may,
declare by notification, that the rules made by such State Government as is
specified in the notification, regulating the grant of quarry leases, mining
leases or other minerals concessions in respect of minor minerals which were
in force immediately before the appointed day, shall continue to be in force.
CHAPTER V
SPECIAL POWERS OF STATE GOVERNMENT TO UNDERTAKE
PROSPECTING OR MINING OPERATION IN CERTAIN CASES
Special power of State Government to undertake prospecting or mining operation in
any land within the State
18. (1) The provisions of this section shall apply to land within the State.
(2) Notwithstanding anything contained in this Act, the State Government may
undertake prospecting or mining operations in any area not already held under
any prospecting licence or mining lease, and where it proposes to do so, it
shall, by notification,
(a) specify the boundaries of such areas;
(b) State whether prospecting or mining operations will be carried out in the
areas; and
(c) specify the mineral or minerals in respect of which such operations will
be carried out.
(3) The State Government may, with a view to enabling it to exercise the powers
conferred on it by Subsection (2), by notification, declare that no prospecting
licence or mining lease shall be granted in respect of any land specified in the
notification.
Power of State Government to make reservation to area for conservation etc.
19. (1) The State Government may, if it is of opinion that with a view to conserving
any mineral it is necessary, in the public interest, so to do, reserve any area
which is not already held under any prospecting licence or mining lease, for
the purpose of such conservation.
Provided that before making any such reservation, the State Government shall specify by
notification, the boundaries of such area and the mineral or minerals in respect of which
such area is proposed to be reserved and shall take a decision after considering such
objections with regard to the proposed action as may be received by it within thirty days
from the date of publication of the notification aforesaid.
(2) The State Government may, if it is of opinion that it is necessary in the public
interest so to do, reserve any area, which is not already held under a
prospecting licence or mining lease, for undertaking mining operations in that
area through a Government company or corporation owned or controlled by
the State Government.
Provided that before making am such reservation, the State Government shall specify by
notification, the boundaries of such area and the mineral or minerals in respect of which
such area is proposed to he reserved for a Government company or corporation owned or
controlled by the State Government to undertake mining operations in that area and no
such reservation shall he made except after considering such objections as may he received
by the State Government within thirty days from the date of publication of the notification
a for said.
CHAPTER VI
DEVELOPMENT OF MINERALS
Mineral development
20. (1) It shall be the duty of the of the State Government to take all such steps as
may be necessary for the conservation and development of minerals in the
State, and for the protection of environment by preventing or controlling any
pollution which may be caused by prospecting or mining operations and, for
the purpose, the State Government may, by notifications, make such rules it
may think fit.
(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) the opening of new mines and the regulation of mining operations in any
area
(b) the regulation of the excavation or collection of minerals from any mine.
(c) the measures to be taken by leases of mines for the purpose of
beneficiation of ores, including the provision of suitable contrivances for
such purpose
(d) the development of mineral resources in any area.
(e) the notification of all new borings and shaft sinking and the preservation
or bore-hole records, and specimens of cores of all new bore-holes.
(f) the regulation of the arrangements for the storage of minerals and the
stocks thereof that may be kept by any person.
(g) the submission of samples of minerals from any mine by the lessees
thereof and the manner in which, and the authority to which, such
samples shall be submitted, and the taking of samples of any minerals
from any mine by the State Government or any other authority specified
by it in that behalf:
(h) the submission by lessees of mines of such special or periodical returns
and reports as may be specified, and the form in which and the authority
to which such returns and reports shall be submitted
(i) regulation of prospecting operations;
(j) the employment of qualified geologists or mining engineers to supervise
prospecting or mining operations;
(k) the disposal or discharge of waste, slime or tailings arising from any
mining or metallurgical operations carried out in the mine;
(1) the manner in which, and the authority by which, directions may be
issued to the owners of any mine to do or refrain from doing such things
as may be prescribed in the interests of conservation or systematic
development of minerals or for the protection of environment by
preventing or controlling pollution which may be caused by prospecting
or mining operations;
(m) maintenance and submission of such plans, register or records as may be
specified by the State Government;
(n) submission of records or reports by persons carrying on prospecting or
mining operations regarding any research in mining or geology carried
out by them;
(o) facilities to be afforded by persons carrying out prospecting or mining
operations to persons authorized by the State Government for the purpose
of undertaking research or training in matters relating to mining or
geology;
(p) procedure for, and manner of, imposition of fines for the contravention of
any of the rules made under this section and the authority who may
impose such fines ;
(q) the authority to which the period within which, the form and manner in
which, application for revision of any order passed by any authority under
this section or any rule made thereunder may he made, the fee to the paid
for, and the documents which should accompany such application.
(r) All rules made under this section shall be binding on the State
Government.
Power to authorize Geological Survey of India etc. to make investigation:
21. (1) Where the State Government is of opinion that for the conservation and
development of any mineral in the State it is necessary to collect as precise
information as possible with regard to any mineral available in or under any
land in relation to which any prospecting licence or mining lease has been
granted, the State Government may authorize the Geological Survey of India
or such authority or agency as it may specify in this behalf to carry out such
detailed investigations for the purpose of obtaining such information as may
be necessary.
(2) On the issue of an authorization under Sub-section (1), it shall he lawful for
the Geological Survey of India or the specified authority or agency and its
servants and workmen.
(a) to enter upon such land,
(b) to dig or bore into the sub-soil,
(c) to do all other Acts necessary to determine the extent of any mineral
available in or under such land,
(d) to set out boundaries of the land in which any mineral is expected to be
found,
(e) to mark such boundaries and line by placing marks.
(f) where otherwise the survey cannot be completed on the boundaries and
line marked, to cut down and clear away any part of any standing crop,
fence or jungle;
Provided that no such authority or agency shall enter into any building or upon any
enclosed courtyard or garden attached to the dwelling house (except with the consent of
the occupier thereof) without previously giving such occupier atleast seven days’ notice in
writing of its intention to do so,
(3) Whenever any action of the nature specified in Sub-section (2) is to he taken,
the State Government shall, before or at the time when such action in taken,
pay or tender payment for all necessary damage which is likely to be caused,
and in case of dispute as to the sufficiency of the amount so paid or tendered
or as to the person to whom it would be paid or tendered, the State
Government shall refer the dispute to such authority as is empowered to
exercise the functions or the principal civil court of original jurisdiction over
the land in question.
(4) The fact that there exists any such dispute as is referred to in Sub-sections (3)
shall not be a bar to the taking of any action under Sub-section (2)
(5) After the completion of the investigation, the Geological Survey of India or
the specified authority or agency by which the investigation was made shall
submit to the State Government a detailed report indicating therein the extent
and nature of any mineral which lies deposited in or under the land.
(6) The costs of investigation made under this section shall be borne by the State
Government.
Provided that where the State Government or other person in whom the minerals are
vested or the holder of any prospecting licence or mining lease applies to the State
Government to furnish to him a copy of the report submitted under Sub-section (5), the
State Government or other person or the holder of a prospecting licence or mining lease, as
the case may be, shall bear such reasonable part of the costs of investigation as the State
Government may specify in this behalf and shall, on payment of such part of the costs of
investigation, be entitled to receive form the State Government a true copy of the report
submitted to it under Sub- section (5).
CHAPTER VII
OBLIGATIONS OF HOLDER OF PROSPECTING
LICENCES AND MINING LEASES
Notice to be given of prospecting or mining operations
22. (1) The holder of a prospecting licence and the holder of a mining lease shall,
before the commencement of any prospecting or, as the case may be, mining
operations, given to such authority as the State Government may, by
notification, specify, a notice in writing, in such form and containing such
particulars as may be prescribed, of his intention to commence such
prospecting of mining operations.
(2) Any notice given under Sub section (1) shall he so given as to reach the
specified authority atleast one month before the commencement of any such
prospecting or mining operation.
Duties and responsibilities of holder of prospecting licences or mining lease
23. (1) The holder of every prospecting licence or mining lease shall he responsible
for making financial and other provisions and for taking such other steps as
may be necessary for compliance with the provisions of this Act and the rules
made thereunder to ensure the safety of the mines and minerals that may be
explored or exploited as a result of such prospecting or mining operations and
for the safety and security of the persons employed for the purpose of
carrying out such operations.
(2) The holder of a prospecting licence or mining lease shall each be responsible
for the compliance with the rules made under Sub-section (1) and it shall not
be a defence that such holder of licence or lease had appointed a manager or
other officials to carry out such prospecting or mining operations.
(3) The holder of a prospecting licence or a mining lease shall also be
responsible to make such provisions for the health and safety of the persons
employed in connection with such prospecting or mining operations as may
be prescribed.
Power of inspection of State Government
24. (1) If the State Government on any authority empowered by it in this behalf has
any reason to believe that any mine or part thereof or any matter or thing or
practice in, or connected with, the prospecting or mining operations, or
control, su- pervision management or direction thereof, is dangerous to
human life or safety or defective so as to threaten, or tend to threaten the
bodily injury to any person, that Government or as the case may be, that
authority may give a notice in writing to the holder of the prospecting licence
or mining lease, stating therein the particulars it respect of which that
Government or authority consider the mine or part thereof or the matter thing
or practice to be dangerous or defective and require the same to be remedied
within such time and in such manner as may be specified in the notice.
(2) Without prejudice to the provisions of Sub-section (1), the State Government
or the authority empowered under Sub section (1) may, by order in writing,
addressed to the holder of, the prospecting licence or mining lease, prohibit
the extraction or reduction of pillars or blocks of minerals inExcerpt shown. Open the full act in Lexace.