Section 17 of The Mines and Minerals (Development and Regulation) Act, 1957 in hindi
- (1)The provisions of this section shall apply 1*** in respect of land in which the minerals vest in the Government of a State 2[or any other person].
- (2)Notwithstanding anything contained in this Act, the Central Government, after consultation with the State Government, may undertakes 3[mineral concession] in any area not already held under any 3[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 4[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 4[reconnaissance, prospecting or mining operations] in any area, the Central Government shall be liable to pay 5[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 4[reconnaissance, prospecting or mining operations] had been undertaken by a private person under a 3[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 3[mineral concession] shall be granted in respect of any land specified in the notification.
Summary
- The Central Government has special powers to undertake reconnaissance, prospecting, or mining operations on land where the minerals belong to a State Government or a private individual.
- Before starting these operations, the Central Government must consult with the concerned State Government first.
- The Central Government must publish a notice in the Official Gazette defining the boundaries of the land, whether it will do reconnaissance, prospecting, or mining, and which minerals are targeted.
- When conducting these operations, the Central Government is liable to pay reconnaissance permit fees, prospecting fees, royalties, surface rent, or dead rent at the same rate that a private miner would pay under the law.
- To protect its operations, the Central Government can declare by notification in the Official Gazette that no private mineral concessions shall be granted in that specific area.
Practical examples
FAQ
1. Who must the Central Government consult before starting operations on state or private land under Section 17?
The Central Government must consult the concerned State Government before undertaking any operations.
2. Must the Central Government pay any fees when it mines on private or state land under Section 17?
Yes, it must pay the reconnaissance permit fee, prospecting fee, royalty, surface rent, or dead rent at the same rate that a private person would pay under the Act.
3. Can the Central Government stop the State Government from granting private mining licences in a specific area under Section 17?
Yes, the Central Government can declare, by notification in the Official Gazette, that no mineral concession shall be granted for the specified land.
Test yourself
Q1.Under Section 17 of The Mines and Minerals (Development and Regulation) Act, 1957, what must the Central Government do before undertaking a mineral concession on land where minerals belong to a State Government?
Q2.Under Section 17 of The Mines and Minerals (Development and Regulation) Act, 1957, what information must the Central Government specify in its Official Gazette notification when it proposes to undertake operations?
Q3.Under Section 17 of The Mines and Minerals (Development and Regulation) Act, 1957, what financial obligation does the Central Government have when it conducts prospecting or mining on private land?
Q4.Under Section 17 of The Mines and Minerals (Development and Regulation) Act, 1957, what action can the Central Government take to ensure that its proposed mining area is not interfered with by private players?