The Telangana Mineral Bearing Lands (Infrastructure) Cess Act, 2005.

THE TELANGANA MINERAL BEARING LANDS 
(INFRASTRUCTURE) CESS ACT, 2005. 
(ACT NO. 38 OF 2005) 
ARRANGEMENT OF SECTIONS 
Sections 
1. Short title, extent and commencement. 
2. Definitions. 
3. Levy and collection of cess on mineral bearing land. 
4. Determination of Cess. 
5. Appeal. 
6. Revision. 
7. Cess to be recovered as arrear of land revenue. 
8. Power to make rules. 
9. Repeal of Ordinance. 
 The Schedule. 
 
THE TELANGANA MINERAL BEARING LANDS 
(INFRASTRUCTURE) CESS ACT, 2005.1 
 
ACT No.38 OF 2005. 
 
1. (1) This Act may be called the 2Telangana Mineral 
Bearing Lands (Infrastructure) Cess Act, 2005. 
 
 (2) It extends to the whole of the State of 2Telangana. 
 
 (3) It shall be deemed to have come into force on and 
from the 12th September, 2005. 
 
2. In this Act, unless the context otherwise requires,- 
 
 (a) “Government” means the State Government; 
 
 (b) “holder” means the holder of mining or quarry lease 
or exploring license or prospecting license of the mineral 
bearing land; 
 
 (c) “mineral bear ing land ” means holding or holdings 
of land comprising the area of a mine or quarry having 
minerals; 
 
 (d) “mineral produce ” means a produc e of mineral 
specified in the Schedule; 
 
                                                           
1. The Andhra Pradesh Mineral Bearing Lands (Infrastructure) Cess Act , 
2005 received the assent of the Governor on the 27th October, 2005. The 
said Act 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 (Central 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. 
2  [Act No.38 of 2005] 
 (e) “prescribed” means prescribed by rules made 
under this Act; 
 
 (f) “Schedule” means the Schedule appende d to this 
Act; and 
 
 (g) Words used but not defined in this Act and defined 
in the respective Acts shall have the meaning respectively 
assigned to them under those Acts. 
 
3. (1) With effect on and from commencement of this Act, 
there shall be levied and collected by the Governmen t, a 
cess on the mineral produce from mineral bearing  land in 
respect of any mineral specified in the Schedule at such rate 
and on such terms and con ditions as the Government may 
by notification specify in this behaIf from time to time. 
 
 (2) The cess levied under sub -section (1) shall be 
payable by the holder. 
 
4. (1) The cess payable under this Act shall be assessed 
in accordance with the provisions of section 3 by the 
prescribed officer. 
 
 (2) The amount of cess on mineral produce shall be 
paid in advance before despatch of the mineral from mineral 
bearing land. 
 
 (3) In case of despatch of any mineral produce without 
payment of cess, or as the case may be, any variation in 
assessment, the prescribed officer shall cause a notice of 
demand served on the holder for payment of the cess along 
with a penalty at the rate of 5% on su ch amount, in such 
manner as may be prescribed. 
 
 
Levy and 
collection of cess 
on mineral 
bearing land. 
Determination of 
Cess. 
[Act No.38 of 2005]  3 
5. Any person aggrieved by the notice of demand under 
section 4, may, within sixty (60) days from the date of 
service of the said notice under sub -section (3) thereof 
appeal to such authority as may be prescribed and the said 
authority may pass such orders on the appeal as it thinks fit, 
which shall subject to the provisions of section 6, be final. 
 
6. The Government may, either suo motu or on receipt of 
a revision petition filed with in ninety days by any person 
aggrieved by an order passed under section 5 call for and 
examine the record relating to any order passed or 
proceedings taken by any officer or authority under this Act, 
for the purpose of satisfying themselves as to the 
correctness, legality or propriety of such order or as to the 
regularity of such proceedings and if in any case it appears 
to the Government that such order or proceedings should 
be modified, annulled, rever sed or remitted for 
reconsideration, they may pass orders accordingly: 
 
 Provided that no order adversely affecting any person 
shall be passed unless such person has been given an 
opportunity of making his representation. 
 
7. The cess payable under this Act shall be recovered as 
arrears of Iand revenue and the provisions of 3the Telangana 
Revenue Recovery Act, 1864 shall apply for such recovery. 
 
 
8. (1) The Government may, by notification, make rules 
for carrying out all or any of the purposes of this Act. 
 
 (2) Every rule made under this Act shall immediately 
after it is made, be laid before the Legislat ure of the State, if 
it is in session and if  it is not in session, in the session 
                                                           
3. Adapted by the Telangana Adaptation of Laws Order, 2016, issued in 
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Appeal. 
Revision. 
Cess to be 
recovered as 
arrear of land 
revenue. 
Act II of 1864. 
Power to make 
rules. 
4  [Act No.38 of 2005] 
immediately following  for a total period of fourteen days 
which may be comprised in one session or in two 
successive sessions, and if, before the expiration of the 
session in which it is so laid or the session immediately 
following, the Legislature agrees in making any modific ation 
in the rule or in the annulment of the rule, the rule shall, from 
the date on which the modification or annulment is notified, 
have effect only in such modified form or shall stand 
annulled as the case may be , so however, that any such 
modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule. 
 
9. The Andhra Pradesh Mineral Bearing Lands 
(Infrastructure) Cess Ordinance, 2005 is hereby repealed. 
  
Repeal of 
Ordinance 22 of 
2005. 
[Act No.38 of 2005]  5 
THE SCHEDULE 
(See sections 2(d) and 3(1)) 
 
1. All minerals specified in the Second Schedule under 
the Mines and Minerals (Regulation and Developmen t) Act, 
1957 (Central Act 67 of 1957) (Major Minerals). 
 
2. Mineral Oils including Natural Gas and Petroleum. 
 
3. All minerals specified under Schedule I under rule 10 of 
the Telangana Minor Minerals Concession Rules , 1966 
(Minor Minerals). 
 
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