REGISTERED No- DL-33004/34 The Gazette of India EXTRAORDINARY PART III—Section 1 PUBLISHED BY AUTHORITY NEW DELHI, TUESDAY, JANUARY, 23,1994/MAGHA 5,1915 Separate paging is given to this Part in order that It may be filed as a separate compilation. MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 25th. January, 1994]Magha 5, 1915 (Saka) THE MINES AND MINERALS (REGULATION AND DEVELOPMENT) AMENDMENT ORDINANCE, 1994 No. 2 OF 1994 Promulgated by the President in the Forty-fourth Year of the Republic of India. An Ordinance further to amend the Mines and Minerals (Regulation and Development) Act, 1957. WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take im- mediate action; Now, THEREFORE, in exercise of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: — J. (!) This Ordinance may be called the Mines and Minerals (Re- Short gulation and Development) Amendment Ordinance, 1994. title and commen- (2) It shall come into force at once. cement. 2. In the Mines and Minerals (Regulation and Development) Act, Amend- 1957 (hereinafter referred to as the principal Act), in section 4A,— ment of 67 of 1957. section (a) in sub-section (2) the words ", after consultation with the : 4A. Central Government," shall be omitted; (b) in sub-section (4), for the words "one year" wherever they occur, the words "two years" shall be substituted. 2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amend- 3. In section 5 of the principal Act,— ment oi section 5, (i) for sub-section (2), the following sub-section shall be substituted namely: — "(1) A State Government shall not grant a prospecting licence or mining lease to any person unless such person,- - (a) is an Indian national, or a company as defined in sub- section (1) of section 3 of the Companies Act, 1956; and 1 of 1956. (b) satisfies such conditions as may be prescribed: Provided that in lespeet of any mineral specified in the First Schedule no prospecting licence or mining lease shall be granted except with the previous approval of the Central Government. Explanation.—For the purposes of this sub-section a person shall be deemed to be an Indian national,— (a) in the case of a firm or other association of indivi- duals, only if all the members of the firm or members of the association are citizens of India; and (b) in the case of an individual, only if he is a citizen of India."; (H) in sub-section (2), in clause (a), the proviso shall be omitted. Substi- 4. For section V of the principal Act, the following section ahall be tution of substituted, namely:— (section 7, "(1) The period for which a prospecting licence may be granted shall not exceed three years; (2) A prospecting licence shall, if the State Government is satis- fied that a longer period is required to enable the licensee to complete prospecting operations be renewed for such period or periods as that Government may specify: Provided that the total period for which a prospecting licence is granted does not exceed five years: Provided further that no prospecting licence granted in respect •f a mineral included in the First Schedule shall be renewed except with the previous approval of the Central Government.". Am^ndT 5. In section 8 ol the principal Act,— ment of section 8 (a) foi sub-section (1), the following sub-section shall be substituted, namely: — "(1) The maximum period for which a mining lease may be granted shall not exceed thirty years: Provided that the minimum period |for which any such mining lease may be granted shall not be less than twenty years."; Sac. lj THE GAZETTE Ol- INDIA EX I RAORDINAKY 3 (b) in sub-section (2), for the words "two periods each not ex- ceeding ten years", the .words "a period not exceeding twenty years" ahall be substituted; (c) in subsection (3), for the words "in each case <he period for which the mining lease was originally granted", the words "twenty years in each case" shall be substituted. 6. In section 16 of the principal Act,— Amend- ment of (a) in sub-section (I),— section 16. (i) in clause (a), for the portion beginning with the words ''if in force at such commencement" and ending with the words "six months from such commencement", the following shall be substituted, namely: — "if in force at the date of commencement of the Mines and Minerals (Regulation and Development) Amendment Ordinance, 1994 shall be brought in conformity with the pro- visions of this Act and the rules made thereunder within two years from the date of the commencement of the Mines and Minerals (Regulation and Development) Amendment Ordin- ance, 1994"; (d) in clause (b) for the words, brackets and figures "six months from the commencement of the Mines and Minerals (Re- gulation and Development) Amendment Act, 1972", the words, brackets and figures "two years from ihe commencement of the Mines and Minerals (Regulation and Development) Amendment Ordinance, 1994" shall be substituted; (b) after sub-section (1), the following sub-section shall be in- serted, namely: — "(1A) Where any action is taken under clause (a) or clause (b) of sub-section (1) to bring the period of any lease in con- formity with the provisions of this Act and the rules made thereundeV, then, notwithstanding anything contained in section 8. the period of such lease shall continue to operate for a period of two years from the date of bringing such lease in conformity with the provisions of this Act.". 7. In section 17A of the principal Art,— Amend- ment of (a) after sub-seciion (1), the following sub-section shall be in- section 17A. serted, namely: — " (1A) The Central Government may, in consultation with the State Government, reserve any area not already held under any prospecting licence or mining lease, for undertaking pros- pecting or mining operations through a Government company or corporation owned or controlled by it, and where it proposes to do so, it shall, by notification in the Official Gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved."; (b) in sub-section (2), the words "or by the Central Govern- ment" shall be omitted; 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— (c) in sub-section (3), for the words, brackets and figure ItWHere in exercise of the powers conferred by sub-section (2) the State Government'1, the words, brackets and figures "Where in exercise of (he powers conferred by sub-section (1A) or sub-section (2) the Central Government or the State Government, as the case may be," shall be substituted. Amend- 8. In section 19 of the principal Act, in the Explanation, the words ment of "in any State" shall be omitted. section 19. Inser- 9. Afier section 23A of the principal Act, the following section shall tion of be inserted, namely: — section 23B. "23B. If any gazetted officer of the Central or a State Govern- Power to stearch. ment authorised by the Central Government in this behalf by general or special order has reason to believe that any mineral has been raised in contravention of the provisions of this Act or rules made thereunder or any document or thing in relation to such mineral is secreted in any place, he may search for such mineral, document or thing and the provisions of section 100 of the Code of Criminal 2 of 1974. Procedure, 1973 shall apply to every such search.". Amend- 10. In section 28 of the principal Act, after subjection (2), the fol- ment of lowing sub-section shall be inserted, namely:— section 28. ''(3) Every rule afid every notification made by the State Gov- ernment 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.". i 11. Tn section 30 of the principal Act, the words "with respect to any Amend- ment of mineral other than a minor mineral" shall be inserted at the end. section 30. 12. For the First Schedule to the principal Act, th» following Sc- Substi- hedule shall be substituted, namely:— tution of First Schedule. "THE FIRST SCHEDULE [See sections 4(5), 5 (1), 7(2) and 8(2)] SPECIFIED MINERALS PART A. Hydro Carbons\,Energy Minerals \. Coal and Lignite. PART B Atomic Minerals t 1. Beryl and other beryllium-bearing minerals. 2. Lithium-bearing minerals. '6. Minerals of the "rare earths" group containing Uranium and Thorium. 4. Niobium-bearing minerals. 5. Phosphorites and other phosphatic ores containing Uranium. SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 5 6. Pitchblende and other Uranium ores. 7. R'Utile. fl. Tantallium-bearing minerals. 9 Urtmiferous allanite, monazite and other thorium minerals. in. Uranium-beaiing tailings left over from ores after extraction of copper and gold, ilmenite and other tiianium ores. 11. Zircon. PART C Metallic and Non-Metallic Minerals 1. Asbestos. '2. Bnuxite. 3. Chrome Ore. 4. Copper Ore. 5. Gold. 6. Iron Ore. 7. Lead. fl. Limestone, except when ii id used in kilns for the manufacture of lime as building material. !l. Manganese Ore. 1(1. Precious stones. 11. Zinc". SHANKER DAYAL SHARMA, President. K. L. MOHANPURIA, Secy, to the Govt, of India. PHINTED BY TIIF. MANAGER, OOVIIWNMFN r or 1NDK PRESS, MlNTO RO\I), NEW DLLHI AND PUBLISHED BY THE UJMI ROLLER OF PUBLICATIONS. DfiLtU, 1994.