Search Results on rules for query: "Marble Development and Conservation Rules, 2002"
Related Section(s)(1) It shall be the duty of the Central Government to take all such steps
as may be necessary 1[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 2[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 sinkings and the preservation of bore-hole records, and specimens of cores of alt 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; 3[(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.
1. Subs. by Act 37 of 1986, s. 15, for "for the conservation and development of minerals in India" (w.e.f. 10-2-1987).
2. Subs. by s. 15, ibid., for "for that purpose" (w.e.f. 10-2-1987). 3. Ins. by s. 15, ibid. (w.e.f. 10-2-1987). 1[(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of
section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine
which may extend to five lakh rupees per hectare of the area.
(2) Any rule made under any provision of this Act may provide that any contravention thereof shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.] 2[(3) Where any person trespasses into any land in contravention of the provisions of sub-section (1) of section 4, such trespasser may be served with an order of eviction by the State Government or any authority authorised in this behalf by that Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the land. 3[(4) Whenever any person raises, transports or causes to be raised or transported, without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by an officer or authority specially empowered in this behalf. (4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be liable to be confiscated by an order of the court competent to take cognizance of the offence under sub-section (1) and shall be disposed of in accordance with the directions of such court.] (5) Whenever any person raises, without any lawful authority, any mineral from any land, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority.] 4[(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence under sub-section (1) shall be cognizable.] 5[Explanation.--- On and from the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2021 (16 of 2021), the expression "raising,transporting or causing to raise or transport any mineral without any lawful authority" occurring in this section, shall mean raising, transporting or causing to raise or transport any mineral by a person without prospecting licence, mining lease or composite licence 6[, exploration licence] or in contravention of the rules made under section 23C.]
1. Subs. by Act 10 of 2015, s. 19, for sub-sections (1) and (2) (w.e.f. 12-1-2015).
2. Ins. by Act 56 of 1972, s. 12 (w.e.f. 12-9-1972). 3. Subs. by Act 38 of 1999, s. 17, for sub-section (4) (w.e.f. 18-12-1999). 4. Ins. by Act 37 of 1986, s. 16 (w.e.f. 10-2-1987). 5. Ins. by Act 16 of 2021, s. 20 (w.e.f. 28-3-2021). 6. Ins. by Act 16 of 2023, s. 18 (w.e.f. 17-8-2023). (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. |
