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The Mines and Minerals (Development and Regulation) Act, 1957

Preliminary

Section 17Special powers of Central Government to undertake prospecting or mining operations in certain lands

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Section 17: Special powers of Central Government to undertake prospecting or mining operations in certain lands

17. Special powers of Central Government to undertake prospecting or mining operations in certain lands

(1)

The provisions of this section shall apply *** in respect of land in which the minerals vest in the Government of a State [or any other person].

(2)

Notwithstanding anything contained in this Act, the Central Government, after consultation with the State Government, may undertakes [mineral concession] in any area not already held under any [mineral concession] and where it proposes to do so, it shall, by notification in the Official Gazette—

(a)

specify the boundaries of such area;

(b)

state whether [reconnaissance, prospecting or mining operations] will be carried out in the area; and

(c)

specify the mineral or minerals in respect of which such operations will be carried out.

(3)

Where, in exercise of the powers conferred by sub-section (2), the Central Government undertakes [reconnaissance, prospecting or mining operations] in any area, the Central Government shall be liable to pay [reconnaissance permit fee or prospecting fee] royalty, surface rent or dead rent, as the case may be, at the same rate at which it would have been payable under this Act, if such [reconnaissance, prospecting or mining operations] had been undertaken by a private person under a [mineral concession].

(4)

The Central Government, with a view to enabling it to exercise the powers conferred on it by sub-section (2) may, after consultation with the State Government, by notification in the Official Gazette, declare that no [mineral concession] shall be granted in respect of any land specified in the notification.

Amendment notes (5)
  1. omitted w.e.f. 12-9-1972 . The word "only" omitted by Act 56 of 1972, s. 10 (w.e.f. 12-9-1972).
  2. Ins w.e.f. 12-9-1972 . Ins. by s. 10, ibid. (w.e.f. 12-9-1972).
  3. Subs w.e.f. 28-3-2021 . Subs. by Act 16 of 2021, s. 2, "reconnaissance permit, prospecting licence or mining lease" (w.e.f. 28-3-2021).
  4. Subs w.e.f. 18-12-1999 . Subs. by Act 38 of 1999, s. 15, for "prospecting or mining operations" (w.e.f. 18-12-1999).
  5. Subs w.e.f. 18-12-1999 . Subs. by s. 15, ibid., for "prospecting fee" (w.e.f. 18-12-1999).