LexThe Telangana Mica Act, 1957.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA MICA ACT, 1957.
(ACT NO. VII OF 1957.)
ARRANGEMENT OF SECTIONS
Sections
1. Short title, extent and commencement.
2. Definitions.
3. Prohibition of possession and trading in mica
without licence, proprietors’ certificate or digger’s
permit.
4. Grant of proprietor's certificate.
5. Grant or refusal of licences.
6. Renewal of licences and Properietor’s certificate.
7. Exercise of powers of licensees or registered
proprietors by agents.
8. Obligation of licensees and registered proprietors
to keep books of account and to submit returns.
9. Production of accounts by licensees and
registered proprietors.
10. Registration of certain instruments authorising
extraction of mica.
11. Grant of digger’s permit.
12. Inspection of mine worked by digger.
13. Licensee, registered proprietor and digger to
notify places used for storing mica.
14. Removal of mica.
15. Removal of mica from mine worked by diggers.
16. Sale of mica by diggers.
17. Penalties.
2 [Act No. VII of 1957]
18. Penalty for certain offences committed by
diggers.
19. Penalty for unauthorised removal of mica.
20. Penalty for removal of mica from mine worked by
digger.
21. Penalty for obstructing officers in the
performance of duties.
22. Power of search and seizure.
23. Things liable to confiscation.
24. Confiscation how to be effected.
25. Power to arrest without warrant.
26. Protection of acts done in good faith.
27. Officers acting under Act to be public servants.
28. Offences to be bailable.
29. Jurisdiction to try offences.
30. Cancellation of licence and proprietor’s
certificate.
31. Saving of other laws.
32. Power to make rules.
33. Power to remove difficulties.
THE TELANGANA MICA ACT, 1957.1
ACT No. VII OF 1957.
1. (1) This Act may be called the 2Telangana Mica Act,
1957.
(2) It extends to the whole of the State.
(3) (a) This section shall come into force in the whole of
the State at once.
(b) The rest of this Act shall come into force—
(i) in the district of Nellore at once; and
(ii) in any other district or local area in the State on
such date as the Government may, by notification, appoint.
2. (1) In this Act, unless the context otherwise requires,-
(i) “block mica ” means trimmed mica and dressed
mica with thickness ranging from 8 to 12 mils (one
mil-1,000th of an inch);
(ii) “broker” means any person engaged in
establishing co ntact between the purchaser and seller of
mica by whatever name such person is known and who has
obtained a dealer‟s licence;
1. The Andhra Pradesh Mica Act, 1957, in force in the combined State,
as on 02.06.2014, has been adapted to the State of Telangana, under
section 101 of the Andhra Pradesh Reorganisation Act, 2014 (C entral
Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016,
issued in G.O.Ms.No.45, Law (F) Department, dated. 01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Short title, extent,
and
commencement.
Definitions
Short title, extent
and
commencement.
2 [Act No. VII of 1957]
(iii) “chillas” means films or thins with thickness
ranging from 2 to 8 mils;
(iv) “controlled area” means the district or local area
in which this Act is brought into force under sub -section (3)
of section 1;
(v) “crude mica” means mica in its rough state before
it has been trimmed or subjected to any process;
(vi) “dealer” means a person who holds a dealer ‟s
licence;
(vii) „„dealer‟s licence” means a licence granted under
section 5 authorising a person to whom it is granted-
(a) to act as a broker between persons en gaged in
the transactions of buying, selling, or both buying and
selling mica;
(b) to buy or sell and to have in possession mica-
(1) extracted, from a mica mine which is in the
controlled area and of which he is not in possession or from
a mica dump; or
(2) imported into any controlled area from a mica
mine not situated in any other controlled area;
(viii) “digger” means a person to whom a dig ger‟s
permit has been granted under section 11;
(ix) “diggers permit ” means a permit granted under
section 11 authorising a person to whom it is granted to
have in his possession and sell mica extracted from a mica
mine worked by him on his own behalf;
[Act No.VII of 1957] 3
(x) “Government” means the State Government;
(xi) “licensee” means a person to whom a min er‟s
licence or a dealer‟s licence has been granted;
(xii) “manufactured mica” means any mica processed
from either blocks, films or thins, or hard -rounds or
wasterounds and includes splittings;
(xiii) “mica” means the mineral mica as extracted and
includes mica of all other forms and shapes;
(xiv) “mica dump ” means any collection of waste or
scrap mica with or without extraneous matters associated
with it;
(xv) “mica mine” means any excavation, underground
or otherwise, where any operation for the purpose of
searching for, or obtaining, mica has been or is being
carried on;
(xvi) “Mica Of ficer” means any officer appoint ed by
the Government as Mica Off icer for the purposes of this Act
and u ntil suc h time as a Mica Off icer is so appointed, the
Collector of the district;
(xvii) “miner” means any person who has been
authorised by the Government under any l ease or
prospecting licence or u nder any agreement to excavate
mica from a patta land;
(xviii) “miner‟s licence ” means a licence granted
under section 5 authorising the person to whom it is granted
to have in his possession and sell mica extracted from a
mica mine of which he is in possession and which is
situated in a land of which he is not the proprietor or from a
mica dump of which he is in possession;
4 [Act No. VII of 1957]
(xix) “notification” means a notification published in
the 3Telangana Gazette;
(xx) “prescribed” means prescribed by rules made
under this Act;
(xxi) “proprietor” means the proprietor of the land in
which the mica mine of which he is in possession is situated
and includes the owner of such land;
(xxii) “proprietor‟s certificat e” means a certificate
granted under section 4 authorising the person to whom it is
granted to have in his possession and sell mica extracted
from a mica mine of which he is in possession and which is
situated in a land of which he is the proprietor or from a
mica dump of which he is in possession;
(xxiii) “registered proprietor ” means a person to
whom a proprietor ‟s certificate has been granted u nder
section 4;
(xxiv) “splittings” means thin laminations of m ica of
the micas ‟ thickness of 1 1/4 mils and includes
looses-splittings, book-splittings, dust-loose splittings and
pan-packed splittings;
(xxv) “State” means the State of 3Telangana.
(2) 4The Telangana General Clauses Act, 189 1
(Act I of 1891) shall apply for the interpretation of this Act as
it applies for the interpretation of 5Telangana Act.
3. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
4. Adapted by G.O.Ms.No.45, Law (F) Department, dated. 01.06.2016.
5. Substituted for the words “Andhra Pradesh Act” by ibid.
[Act No.VII of 1957] 5
3. (1) Save as provided in sub -sections (2) and (3), no
person shall-
(a) have in his possession or sell mica extracted from
a mica mine of which he is in possession and which is
situated in a land of which he is not the proprietor, except
under and in accordance with a miner‟s licence or a digger‟s
permit;
(b) have in his possession or sell mica extracted from
a mica mine of whic h he is in possession and which is
situated in a land of which he is the proprietor except under
and in accordance with a proprietor‟s certificate;
(c) have in his possession or sell mica extracted from
a mica dump of which he is in possession, except under
and in accordance with a miner‟s licence, a dealer ‟s licence
or a proprietor‟s certificate;
(d) buy mica, or have in his possession or sell mica
extracted in a controlled area from a mica mine or mica
dump of which he is not in possession or, mica imported
into a controlled area from any place not situated in a
controlled area, except under and in accordance with a
dealer‟s licence;
(e) being a licensee, registered proprietor or digger,
sell mica to any person resident or carrying on business in a
controlled area, unless s uch person possesses a valid
dealer‟s licence;
(f) being a person to whom a dealer ‟s licence has
been granted, buy mica from a person resident or carrying
on business in a controlled area, unless such person is a
licensee, registered proprietor or digger.
(2) Nothing in sub-section (1) shall apply to-
Prohibition of,
possession and
trading in, mica
without licence,
proprietors‟
certificate or
digger‟s permit.
6 [Act No. VII of 1957]
(a) the possession, sale or purchase of manufactured
mica;
(b) the sale of mica by a licensee or regist ered pro-
prietor to, or the purchase of mica from a licensee or
registered proprietor by an y person not resident or carry ing
on business in a controlled area; and
(c) the possession, sale or purchas e of all mica o ther
than manufactured mica unde r such circumstances and
subject to such conditions as may, from tim e to time by
notification, be specified by the Government.
(3) Any registered proprietor or licensee whose
proprietor‟s certificate or licence ceases to be in force under
sub-section (2) of section 4 or sub-section (2) of section 5 or
is cancelled under sub -section (1) of section 30, shall be
entitled, up to a date not later than six months after the date
on which his licence or proprietor ‟s certificate ceases to be
in force or is cancelled, as the case may be, to sell or
otherwise dispose of any mica which was in his possession
on the date on which his licence or proprietor ‟s certifica te
ceased to be in force or was cancelled.
(4) If any proprietor‟s certificate or licence ceases to be
in force by reason of the de ath of the registered proprietor
or the licensee, as the case may be, it shall b e the duty of
his legal representative, and if he has mor e than one leg al
representative, all legal representatives, to furnish to the
Mica Officer within six months of the date of the death of the
registered p roprietor or the licensee a true and correct
amount of any mica left in the possession of such registered
proprietor or licensee on the date of his death.
(5) The Mic a Officer may, after such inquir y as he
thinks fit, by order, pe rmit such le gal representative or
representatives t o sell or otherwise dispose of any mica in
[Act No.VII of 1957] 7
respect of w hich particulars have b een furnished under
sub-section (4), within such period, not exceeding six
months from the date of the order, and subject to such
conditions, if any, as may be specified in the order.
(6) If any legal representative or representa tives of any
such deceased registered proprietor or licensee fails or fail
to furnish a true and correct account of any mica, as
required by sub-section (4) or to sell or otherwise dispose of
any such mica within the peri od specified in an order under
sub-section (5) or within such further time as may have been
allowed by the Mica Of ficer in this behalf, the Mica Officer
may order that such mica shall be forfeited to the State
Government.
(7) If any proprietor‟s certificate or licence ceases to be
in force by reason of the death of the registered proprietor
or the licensee, the Mica Officer may, on application and
after making such inquiry as he thinks fit grant a temporary
proprietor‟s certificate or licence, as the case may be, to his
heir or heirs for the unexpired period of such certificate or
licence.
(8) Any person aggrieved by an order passed by the
Mica Officer under sub -section (5) or sub -section (6) may,
within th irty days from the date of order, appeal to the
Collector of the District whose order shall be final:
Provided that where the order was passed under
sub-section (5) or sub -section (6) by the Coll ector himself
acting as Mica Off icer, the appeal shall lie to the
Government whose order thereon shall be final.
4. (1) The Mica Officer shall , on the application of any
person who is a proprietor, and on payment by such person
of a fee of three hundred rupees grant to such person a
proprietor‟s certificate.
Grant of
proprietor‟s
certificate.
8 [Act No. VII of 1957]
(2) A certificate granted under sub -section (1) shall be
in force for one y ear from the date of the order unless
renewed in the meantime in accordance with the provisions
contained in section 6.
(3) If at any time a certificate granted under sub-section
(1) is lost by the proprietor or is destroyed, the proprietor
shall forthwith report the fact in writing to the Mica Officer
explaining the circumstances under which the certificate has
been lost or destroyed. Upon the receipt of such intimation,
the Mica Officer shall make such inquiry as he may think fit,
and if he is satisfied that the certificate has been lost or
destroyed, he may issue on payment of a fee of fi ve rupees
by the proprietor a du plicate certificate which shall be
stamped with the word “Duplicate”.
5. (1) The Mic a Officer shall, on the applicat ion of any
person and on payment b y such person of a fee of three
hundred rupees, grant to such person a miner ‟s licence or a
dealer‟s licence, as the case may be, applied for:
Provided that the Mica Officer may refuse to g rant such
a licence to a person who is convicted of an offence under
this Act.
(2) Any licence granted under sub-section (1) shall be
in force for one y ear unless renewed in the meantime in
accordance with the provisions contained in section 6.
(3) Any person who has been ref used a licence by the
Mica Officer under the proviso to sub-section (1) may, within
thirty days of the order of the Mica Officer, appeal to the
Collector of the district whose order shall be final:
Provided that where the order of refusal under
sub-section (1) was passed by the Collector himself ac ting
Grant or refusal of
licences.
[Act No.VII of 1957] 9
as the Mica Officer, the appeal shall lie to the Government
whose order thereon shall be final.
(4) If at any time a licence granted under sub -section
(1) is lost by the licensee or is destroyed, the licensee shall
forthwith report the fact in writing to the M ica Officer
explaining the circumstances under which the licence has
been lost or destroyed. On rece ipt of such report, the Mica
Officer shall make such inquiry as he may think fit, and if he
is satisfied that the licence has been lost or destroyed, he
may issue on payment of a fee of five rupees by the licensee
a duplicate licence which shall be stamped with the word
“Duplicate”.
6. (1) The Mica Officer may on an application made to
him by the licensee or registered proprietor, renew his
licence or propreitor ‟s ce rtificate, as the case may be,
issued under the provisions of this Act.
(2) An appl ication for the renewal of a licence or
proprietor‟s certificate shall be made in the prescribed fo rm,
not less than three months before the expiry of his licence or
certificate, as the case may b e, and shall b e accompanied
by a fee of one hundred rupees:
Provided that it shall be lawful for the Mica Officer to
receive an application for renewal submitted after the time
limit men tioned in this sub -section b ut before the date of
expiry of period of licence, if he is satisfied that there is
sufficient ground for such submission.
7. The Mica Officer shall, on the appl ication of a licensee
or registered prop rietor, e ndorse on his licence or
proprietor‟s certificate, as the c ase may b e, the names of
persons who shall be entitled to exercise on behalf of such
licensee or registered proprietor any of the powers
conferred on him under this Act or his licence or proprietor‟s
Renewal of
licences and
Properietor‟s
certificate.
Exercise of
powers of
licensees or
registered
proprietors by
agents.
10 [Act No. VII of 1957]
certificate, and no person whose name is not so endorsed
shall be entitled to exercise any of the said powers on behalf
of any licensee or registered proprietor.
8. Every licensee and every registered proprietor shall-
(a) keep books of account in the prescribed form;
(b) submit returns showing-
(i) the quality and quantity of mica purchas ed or sold
by or through him, as the case may be; and
(ii) the names and addresses of the purchase rs or
sellers, as the case may b e who were parties to the
transactions of buying or selling to such officer, in such form
and at such times as may be prescribed.
9. Every licensee, registered proprietor and broker shall
when so required b y any officer authorised in this behalf by
the Government—
(a) produce his accoun ts and disclose or produce the
full amount of his stock of mica for the inspec tion of such
officer;
(b) give such off icer eve ry f acility for inspecting any
mica mine or mica dump of which he is in possession.
10. Any person who has been authorised by the owner or
lessee of any land by an instrument in writing to extract mica
on his own behalf from such land for a period not exceeding
one year, may apply to such officer a s may be appointed in
this behalf by the Government, for the registration of such
instruments, and such officer shall, on payment by such
person of a fee of one rupee, register such instrument in
such manner as may be prescribed.
Obligation of
licensees and
registered
proprietors to
keep books of
account and to
submit returns.
Production of
accounts by
licensees and
registered
proprietors
Registration of
certain
instruments
authorising
extraction of mica.
[Act No.VII of 1957] 11
11. (1) The Mica Officer shall, on the application of an y
person and on production by such person of an instrument
registered by him under section 10, grant to such person a
digger‟s permit.
(2) A fee of one rupee shall be payable for a digger ‟s
permit and no such permit shall be granted until such fee
has been paid.
(3) A permit granted under sub -section (1) shall be in
force for one year or for the period stated in the instrument
referred to in sub-section (1), whichever is less.
(4) Every such permit shall specify—
(a) the period for which it is in force;
(b) the area within which the digger is authorised to
extract mica;
(c) the route or routes along which the digger shall
transport mica; and
(d) the place or places at which the digger shall sell
mica.
(5) No person holding a digger ‟s permit shall have in
his possession an y mica not extracted from the area
specified in his permit.
12. Any officer authorised in this behalf by the Govern ment
may inspect any mica mine worked by a digger, and the
digger shall afford such officer every facility for inspecting
such mine.
13. Every licensee, re gistered proprietor or digger sh all
notify to the prescribed author ity and in the prescribed
Grant of digger‟s
permit.
Inspection of mine
worked by digger.
Licensee,
registered
proprietor and
digger to notify
places used for
storing mica.
12 [Act No. VII of 1957]
manner all pIaces used by him, whether for storing mi ca or
for preparing the same for sale, and shall afford such
authority every facility for inspecting such places.
14. (1) No person sha ll remove mica from any mica mine,
mica dump or other place in the occupation of a licensee or
of a registered proprietor unless he carries a pass, in the
prescribed form specifying the date and time of its issue and
the signature of such licensee or registe red proprietor or his
duly authorised agent, showing-
(a) the place from which the mica has been removed;
(b) the quantity and the size or, in the c ase of mica
which has not been sorted into sizes, the description and
the quantity of such mica; and
(c) the destination of such mica:
Provided that any person who is ordinari ly engaged in
the business of splitting mica may without a pass-
(i) remove block mica or c hillas from any place
other than a mica mine or a mica dump in the occupation of
a licensee or registered proprietor; and
(ii) return to such licensee or registered proprietor,
splittings made from such block mica or chillas.
(2) Any person who removes mica from a mica mine,
mica dump or other place in the occupation of a licensee or
of a registered proprietor and who is required by
sub-section (1) to carry a pass shall on being required to do
so by any officer authorised in this behalf by the
Government, produce such pass to such officer.
Removal of mica.
[Act No.VII of 1957] 13
15. No person other than a digger shal l remove mica from
any mine worked by a digger.
16. (1) The Mica Officer shall appoint places for the sale of
mica by diggers and shall, by notice affixed at some
conspicuous position at every such place s pecify the days
on which and the times at which mica may be sold at such
places.
(2) The Mica Of ficer may appoint an officer to be in
charge of any place appointed under sub-section (1) for the
sale of mica and such officer shall keep a register in the
prescribed form of all sales of mica made b y diggers at any
such place.
(3) Every sale of mica by a digger at a place appoint ed
under sub -section (1) shall b e made in the pre scribed
manner.
17. (1) Any person who contravene s sub-section (1) of
section 3 shall, on conviction, be punishable with fine which
may extend to five hundred rupees.
(2) Any person-
(a) who buys mica or has in his possession or sells
mica extracted from a mica mine or mica dump of which he
is not in possession except under and in accordance with a
dealer‟s licence;
(b) has in his possession or sells mica extracted from
a mica dump of which he is in possession except under and
in accordance with a miner ‟s licence or a dealer ‟s licence or
proprietor‟s certificate;
Removal of mica
from mine
worked by
diggers.
Sale of mica by
diggers.
Penalties.
14 [Act No. VII of 1957]
(c) being a licensee, registered proprietor or digg er,
sells mica to any person other than a person to whom a
dealer‟s licence has been granted and who resides or
carries on business in a controlled area;
(d) being a person to whom a dealer ‟s licence has
been granted, buys mica from a person who is not a
licensee or registered proprietor or a digger and who
resides or carries on business in a controlled area-
shall on conviction, be punishable with fine which may
extend to five hundred rupees.
(3) Any licensee or registered proprietor who—
(a) fails to keep any books of account required to b e
kept under section 8, or keeps books of account which do
not contain the particulars required by the said section or
which contains accounts which are false in any material
particular;
(b) fails to produce such accounts or disclose or to
produce the full amount of his sto ck of mica when so
required under section 9;
(c) fails to submit any prescribed return or submits a
prescribed return which is false in any material particular;
(d) refuses or wilfully neglects to afford to any officer
authorised under section 9 any re asonable facility for
inspecting any mica mine or mica dump in his possession-
shall on conviction be punishable with fine which may
extend to five hundred rupees.
(4) Any licensee who fail to produce his licence within a
reasonable time after being so required by the prescribed
[Act No.VII of 1957] 15
authority shall, on conviction, be punishable with fine which
may extend to fifty rupees.
18. (1) Any digger who—
(a) has in his possession any mica not extracted from
the area specified in his permit;
(b) transports mica except along a route specified in
his permit;
(c) sells mica except at a place specified in his
permit;—
shall on conviction be punishable with imprisonment for a
term which may extend to th ree months or with fine which
may extend to two hundred rupees.
(2) If any digger is convicted of an offence under this
section, his permit shall be deemed to be cancelled with
effect from the date of such conviction and no fresh permit
shall be granted to a ny such digger for a period of one year
after the date of such conviction.
19. Any person who removes mica in contravention of
section 14 shall be punishable with imprisonment w hich
may extend to one year or with fine which may extend to
one thousand rupees.
20. Any person other than a digger who removes mica
from a mine worked by a digger shall, on conviction, be
punishable with imprisonment for a term which may extend
to three months, or with fine which may extend to two
hundred rupees.
21. (1) Whoever intentionally obstructs the Mica Officer or
any other officer in the exercise of any powers conferred or
Penalty for
removal of mica
from mine worked
by digger.
Penalty for
certain offences
committed by
diggers.
Penalty for
unauthorised
removal of mica.
Penalty for
obstructing
officers in the
performance of
duties.
16 [Act No. VII of 1957]
the performance of any duties imposed on him by or under
this Act shall, on conviction, be liable to imprisonment which
may extend to six months or to a fine which may extend to
five hundred rupees or to both.
(2) Any person who obstructs the seizure of mica in
transport by any mica officer shall be punishable with
imprisonment which may extend to one year.
22. (1)(a) The Mica Officer and every other officer
authorized in this behalf by the Government may search any
place in which he has reason to believe that an offence
under this Act, has been or is being committed, and seize
any stock of mica in respect of which the offence has been,
or is being committed.
(b) Every such officer shall have the right to take
down and record statements of persons in charge of mines ,
mine premises, storage, godowns or splitting depots of
processing premises.
(2) Every Mica Officer or other officer authorised in this
behalf, shall have power to seize mica while in transport
without a permit, or in contravention of the provisions of this
Act.
(3) Every officer seizing mica under this section shall—
(a) prepare a list of the mica so seized and deli ver a
copy thereof signed by him to the person found in
possession of such mica;
(b) enclose the mica seized in a packag e and place
on such package a mark indicat ing that the mica therein
contained has been seized; and
Power of search
and seizure.
[Act No.VII of 1957] 17
(c) as soon as may be after such seizure, make a
report thereof to the Magistrate having jurisdiction to try th e
offence on account of which such seizure has been made.
(4) On receipt of any such repor t, the Magistrate shall
with all convenient despatch, take such measures as may
be necessary for the arrest and trial of th e offender and the
disposal of the property according to law.
23. All mica in re spect of which an offence has been
committed under this Act or a ny rule made thereunder and
every box, receptacle, package or cover ing containing such
mica shall be liable to confiscation.
24. (1) Where a Magistrate trying an offence under this Act
or any rule made thereunder, considers that anyt hing is
liable to confiscation under section 23, he may, after hearing
the person, if any, claiming any right thereto and evidence, if
any, which such person may produce in su pport of his
claim, order confiscation.
(2) Where an offence has been committed under this
Act or any rule made th ereunder, and the offender is not
known or cannot be found, or when anything liable to
confiscation under this Act and not in the possession of any
person cannot be satisfactorily accounted for, any officer
authorised by the Government in this b ehalf may hold an
inquiry and may order confiscation:
Provided that no such order shall be made before the
expiration of one month from the date of seizure of the thing
liable to confisca tion or without hearing the person, if an y,
claiming any right thereto and the evid ence, if any, which he
may produce in support of his claim.
25. Any police officer not b elow the rank of a Sub -Inspector
of Police, or any Mica Officer may arrest without warrant,
Confiscation how
to be effected.
Power to arrest
without warrant.
Things liable to
confiscation.
18 [Act No. VII of 1957]
any person found committing an offence punishable under
clause (a) of sub-section (2) of section 17, sub-section (1) of
section 18, section 19 or section 20.
26. No suit, prosecution or other legal proceedings shall
be instituted against any person for anything w hich is in
good faith done or intended to be done under this Act or
any rule made thereunder.
27. Every officer acting or purporting to act in pursuance of
any of the provisions of this Act or any rule made thereunder
shall be deem ed to be a public servant within the meaning
of sectio n 21 of the Indian Penal Code (Central Act 45 of
1860).
28. All offences punishable under this Act or any rule made
thereunder shall be bailable within the meaning of 6the Code
of Criminal Procedure, 1898 (Central Act 5 of 1898).
29. No Court inferior to that of a Magistrate of the first class
shall try any offence punishable by or under this Act.
30. (1) The Mica Office r may cancel any licence or
proprietor‟s certificate of any person who has been found
guilty of any offence under this Act.
(2) Any person aggrieved by an order passed by the
Mica Officer under sub -section (1) cancelling a licence may
within a month from the date of receipt of the order prefer an
appeal to the District Collector whose decision shall be final:
Provided that, if the order canc elling the licence was
passed by the District Collector himself as a Mica Officer, an
appeal may be preferred within two months from the date of
6. Please refer to the Code of Criminal Procedure , 1973 (Central Act 2 of
1974).
Protection of acts
done in good faith
Officers acting
under Act to be
public servants
Offences to be
bailable
Juridiction to try
offences
Cancellation of
licence and
proprietor‟s
certificate
[Act No.VII of 1957] 19
receipt of the order, to the Government whose decision shall
be final.
(3) A fresh licence or proprietor ‟s certificate shall not,
without the previous sanction of the Government, be
granted to any licensee or registered proprietor whose
licence or proprietor ‟s certificate has been cancelled under
this section.
31. The provisions of this Act shall be in addition to and not
in derogation of any other law for the time being in force
regulating any of the matters dealt with in the State.
32. (1) The Government may make rules for carrying out
the purposes of this Act.
(2) In particular and without prejudice to the gene rality
of the foregoing power, such rules may provide for all or any
of the following matters, namely:—
(a) the form of the proprietor ‟s certificate or digger‟s
permit or of any licence;
(b) the manner in which instruments shall be
registered under section 10;
(c) the re turns to be submitted by any licensee or
registered proprietor and the form or manner in which and
the times at which such returns shall be submitted;
(d) the authori ty to whom and the manner in which
licensees, registered proprietors and diggers shall notify the
place or places at which they store or prepare mica for sale;
(e) the form of the pass referred to in section 14;
Saving of other
laws.
Power to make
rules.
Power to make
rules.
20 [Act No. VII of 1957]
(f) the manner in which sales by a digge r at a place
appointed under sub -section (1) of section 16 shall be
made, and the form of the register refe rred to in sub-section
(2) of the said section; and
(g) any other matter which has to be, or may be,
prescribed.
(3) The power to make rules conferred by this section
shall be subject to the condition of the rules being made
after previous publication.
(4) All rules made under this section shall be published
in the 7Telangana Gazette and upon such publication shall
have effect as if enacted in this Act. The rules so made shall
be placed on the table of the Legisla ture as soon as
possible after they are pu blished and shall be subject t o
such modifications, whether by way of repeal or
amendment, as the Legislature may make within fourteen
days during the session in which they are so laid.
33. If any difficulty arises in giving effect to the provisions of
this Act, the Government may make such orders not in
consistent with the said provisions, as appear to them to be
necessary or expedient for the purpose of removing the
difficulty.
* * *
7. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power to remove
difficulties.