Mineral development .
[S-18]
(1) It shall be the duty of the Central Government to take all such steps as may be necessary for the conservation and systematic development of minerals in India and for the protection of environment by preventing or controlling any pollution which may be caused by prospecting or mining operations and for such purposes the Central Government may, by notification in the Official Gazette, make such rules as it thinks 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 owners 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 of 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 owner 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 owners 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) the 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 a mine;
(l) 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 certain things in the interest 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) the maintenance and submission of such plans, registers or records as may be specified by the Government;
(n) the 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) the facilities to be afforded by persons carrying out prospecting or mining operations to persons authorised by the Central Government for the purpose of undertaking research or training in matters relating to mining or geology;
(p) the procedure for and the manner of imposition of fines for the contravention of any of the rules framed under this section and the authority who may impose such fines; and
(q) the authority to which, the period within which, the form and the manner in which applications for revision of any order passed by any authority under this Act and the rules made thereunder may be made, the fee to be paid and the documents which should accompany such applications.
(3) All rules made under this section shall be binding on the Government.
Note:
01-06-1999—Granite conservation and development Rules 1999
15-05-2002 Marble Development and conservation Rules 2002
25-08-2004 The Colliery control Rules 2004
27-02-2017 MCDR 2017 i.e. Mineral conservation and Development Rules 2017
13-08-2019 MCDR (Amendment) Rules 2019
Power to authorise Geological Survey of India, etc. to make investigation.
[S-18A]
(1) Where the Central Government is of opinion that for the conservation and development of minerals in India, 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, whether by the State Government or by any other person, the Central Government may authorise the Geological Survey of India, or such other 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: Provided that in the cases of prospecting licences or mining leases granted by a State Government, no such authorisation shall be made except after consultation with the State Government.
(2) ऑपरेशन के बाद वह एजेंसी Geological सर्वे ऑफ इंडिया के सर्वेंट एंड वर्कमैन:
(a) to enter upon such land,
(b) to dig or bore into the sub-soil,30
(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 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 its intention to do so.
(3) Cent. Govt. all necessary damage के लिए पैसा देगा और अगर कम पैसा पे किया जा रहा है उसको लेकर डिस्प्यूट होता है तब जहां लैंड है वहां सिविल कोर्ट में फैसला होगा।
(4) इस डिस्प्यूट के वजह से काम नहीं रोका जाएगा ।
(5) GSI or other agency काम खत्म होने पर डिटेल रिपोर्ट सेंट्रल गवर्मेंट को सौंपेगी की कौन सा मिनरल अंदर में है ।
(6) cost of the investigation made under this section shall be borne by the Central Govt.
बशर्ते कि अगर स्टेट गवर्मेंट या other person in whom the minerals are vested or PL या ML माइनिंग लीज होल्डर, सेंट्रल गवर्नमेंट के पास अप्लाई करता है कि रिपोर्ट की कॉपी प्रदान की जाए तब सेंट्रल गवर्मेंट जितना खर्चा हुआ है उसका कुछ हिस्सा लेकर रिपोर्ट का ट्रूकॉपी True copy प्रदान कर सकती है ।