Delegation of powers.
(1) The Central Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification be exercisable also by –
(a) Such officer or authority subordinate to the Central Government; or
(b) Such State Government or such officer or authority subordinate to a State Government, as may be specified in the notification.
(2) The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as may be specified in the notification, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.
(3) Any rules made by the Central Government under this Act may confer powers and impose duties or authorise the conferring of powers and imposition of duties upon any State Government or any officer or authority subordinate thereto.
(1) सेंट्रल गवर्मेंट अपना पावर को अपने ऑफिसर या Authority सबोर्डिनेट टू सेंट्रल गवर्नमेंट या स्टेट गवर्नमेंट or ऑफिसर या अथॉरिटी सबोर्डिनेट टू स्टेट गवर्नमेंट को डेलीगेट कर सकती है.
(2) State government notification के जरिए ऑफिसर या स्टेट गवर्नमेंट के अथॉरिटी सबोर्डिनेट को Delegate कर सकती हैं ।
(3) कोई रूल जो सेंट्रल गवर्नमेंट के द्वारा बना हुआ है वह स्टेट गवर्मेंट के द्वारा या उसके अधिकृत ऑफिसर द्वारा भी मान्य होगा ।
Note: इस सेक्सन के आधार पर रूल बना है:
15-05-2002— Marble Development and conservation Rules 2002
Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Rules and notifications to be laid before parliament and certain rules to be approved by Parliament.
(1) Every rule and every notification made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or notification or both Houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, 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 or notification.
(2) Without prejudice to the generality of the rule making power vested in the Central Government, no rules made with reference to clause (c) of sub-section (2) of section 16 shall come into force until they have been approved, whether with or without modifications, by each House of Parliament.
(3) Every rule and every notification made by the State Government under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists one House, before that House.
Existing rules to continue.
All rules made or purporting to have been made under the Mines and Minerals (Regulation and Development) Act, 1948, shall, in so far as they relate to matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have been made under this Act as if this Act had been in force on the date on which such rules were made and shall continue in force unless and until they are superseded by any rules made under this Act.
Power of revision by Central Government.
Cent. Govt., निर्धारित अवधि के अंदर Aggrieved पार्टी (असंतुष्ट पक्ष) द्वारा एप्लीकेशन देने पर:
(a) स्टेट गवर्नमेंट या अदर अथॉरिटी द्वारा दिए गए आर्डर को रिवाइज कर सकता है, Other than Minor Mineral के केस में ।
(b) जहां कोई निर्धारित समय के अंदर ऑर्डर नहीं प्रदान नहीं की जाती है, Minor Mineral के केस में, State Govt. या other अथॉरिटी के द्वारा, वहां सेंट्रल गवर्मेंट वैसा आर्डर सोच विचार करने के बाद प्रदान कर सकता है ।
ऐसा आर्डर करने से पहले सेंट्रल गवर्नमेंट shall give opportunity of being heard or to represent in the matter.
Special provisions relating to mining leases for coal granted before 25th October 1949.
25th Oct. 1949 के पहले के कोयले के माइनिंग लीज पर सेक्शन 9 एवं 16 (1) लागू नहीं होगा लेकिन सेंट्रल गवर्मेंट चाहे तो इस एक्ट के सारे प्रोविजंस लागू हो सकता है including any Rules made under section 13 & 18.
सेक्शन 9 मे है रॉयल्टी &
सेक्शन 16(1) में है: Power to modify mining leases granted before 25th October, 1949
Constitution of Special Courts.
(1) State Govt., Speedy trial के लिए जितना जरूरत हो उतना स्पेशल कोर्ट गठित कर सकती है ।
(2) स्पेशल कोर्ट के जज हाई कोर्ट के सहमति से अप्वॉइंट किए जाएंगे ।
(3) वैसा जज कम डिस्ट्रिक्ट एवं सेशन जज होगा ।
(4) कोई भी स्पेशल कोर्ट से असंतुष्ट होने पर 60 दिन के भीतर हाई कोर्ट में अपील कर सकता है ।
Special Courts to have powers of Court of Session.
Save as otherwise provided in this Act, the Code of Criminal Procedure, 1973, 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
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[reconnaissance permit, prospecting licence or mining lease], 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.
[S-32]–Amendments to Act 53 of 1948] Repealed by the Repealing and Amending Act, 1960 (58 of 1960), S. 2 and Sch. I
Validation of certain acts and indemnity (Exemption from liability for damages, हानि से सुरक्षा).
All acts of executive authority done, proceedings taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 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.
Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the Central Government may, by order, published in the Official Gazette, make such provisions not inconsistent with the provisions of the said Act, as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of the said Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Repeal and Savings.
(1) The Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal Act, as amended by this Act.]
1. Indian Bureau of Mines (IBM); https://ibm.gov.in/
2. India code website: https://www.indiacode.nic.in/