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MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 27th March, 2015
The following Act of Parliament received the assent of the President on the 26th March, 2015, and is hereby published for
general information:-
THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) AMENDMENT ACT, 2015
No. 10 OF 2015
[26th March, 2015.]
An Act further to amend the Mines and Minerals (Development and Regulation) Act, 1957.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
1. Short title and commencement. (1) This Act may be called the Mines and Minerals (Development and Regulation)
Amendment Act, 2015.
(2) It shall be deemed to have come into force on the 12th day of January, 2015.
2. Amendment of section 3. In the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) (hereinafter
referred to as the principal Act), in section 3,-
(i) after clause (e), the following clause shall be inserted, namely:-
'(ea) "notified minerals" means any mineral specified in the Fourth Schedule;' ;
(ii) after clause (g), the following clause shall be inserted, namely:-
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'(ga) "prospecting licence-cum-mining lease" means a two stage concession granted for the purpose of
undertaking prospecting operations followed by mining operations;';
(iii) in clause (hb), the word "and", occurring at the end, shall be omitted; (iv) after clause (hb), the following clause
shall be inserted, namely:-
'(hc) "Special Court" means a Court of Session designated as Special Court under sub-section (1) of section
30B; and'.
3. Amendment of section 4. In section 4 of the principal Act, in the second proviso to sub-section (1), for the words and figures
"section 617 of the Companies Act, 1956", (1 of 1956) the words, brackets and figures "clause (45) of section 2 of the Companies Act,
2013, (18 of 2013) and any such entity that may be notified for this purpose by the Central Government" shall be substituted.
4. Amendment of section 4A. In section 4A of the principal Act, in sub-section (4), for the provisos, the following provisos shall
be substituted, namely:-
"Provided that the State Government may, on an application made by the holder of such lease before it lapses and on being
satisfied that it will not be possible for the holder of the lease to undertake mining operations or to continue such operations for reasons
beyond his control, make an order, within a period of three months from the date of receiving of such application, subject to such
conditions as may be prescribed, to the effect that such lease shall not lapse:
Provided further that such lease shall lapse on failure to undertake mining operations or inability to continue the same before the
end of a period of six months from the date of the order of the State Government:
Provided also that the State Government may, on an application made by the holder of a lease submitted within a period of six
months from the date of its lapse and on being satisfied that such non-commencement or discontinuance was due to reasons beyond
the control of the holder of the lease, revive the lease within a period of three months from the date of receiving the application from
such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the lease:
Provided also that no lease shall be revived under the third proviso for more than twice during the entire period of the lease.".
5. Amendment of section 5. In section 5 of the principal Act,-
A) in sub-section (1),-
(i)
in clause (a), for the words, brackets and figures "sub-section (1) of section 3 of the Companies Act, 1956", (1 of
1956) the words, brackets and figures "clause (20) of section 2 of the Companies Act, 2013" (18 of 2013) shall
be substituted;
(ii)
for the proviso, the following proviso shall be substituted, namely:-
"Provided that in respect of any mineral specified in Part A and Part B of the First Schedule, no
reconnaissance permit, prospecting licence or mining lease shall be granted except with the previous
approval of the Central Government.";
(B) in sub-section (2),-
(i) for clause (a), the following clause shall be substituted, namely:-
"(a) there is evidence to show the existence of mineral contents in the area for which the application for a
mining lease has been made in accordance with such parameters as may be prescribed for this
purpose by the Central Government;";
(ii) after clause (b), the following proviso shall be inserted, namely:-
"Provided that a mining lease may be granted upon the filing of a mining plan in accordance with a
system established by the State Government for preparation, certification, and monitoring of such plan, with
the approval of the Central Government.".
6. Amendment of section 6. In section 6 of the principal Act, in sub-section (1), in clause (b), for the proviso, the following
proviso shall be substituted, namely:-
"Provided that if the Central Government is of the opinion that in the interest of the development of any mineral or industry, it is
necessary so to do, it may, for reasons to be recorded in writing, increase the aforesaid area limits in respect of prospecting licence or
mining lease, in so far as it pertains to any particular mineral, or to any specified category of deposits of such mineral, or to any
particular mineral located in any particular area.".
7. Substitution of new section for section 8. For section 8 of the principal Act, the following section shall be substituted,
namely:-
"8. Periods for which mining leases may be granted or renewed. (1) The provisions of this section shall apply to minerals
specified in Part A of the First Schedule.
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(2) 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.
(3) A mining lease may be renewed for a period not exceeding twenty years with the previous approval of the Central
Government.".
8. Insertion of new section 8A. After section 8 of the principal Act, the following section shall be inserted, namely:-
"8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals. (1) The provisions of this
section shall apply to minerals other than those specified in Part A and Part B of the First Schedule.
(2) On and from the date of the commencement of the Mines and Minerals (Development and Regulation) Amendment Act,
2015, all mining leases shall be granted for the period of fifty years.
(3) All mining leases granted before the commencement of the Mines and Minerals (Development and Regulation) Amendment
Act, 2015 shall be deemed to have been granted for a period of fifty years.
(4) On the expiry of the lease period, the lease shall be put up for auction as per the procedure specified in this Act.
(5) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date
of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, where mineral is used for captive
purpose, shall be extended and be deemed to have been extended up to a period ending on the 31 st March, 2030 with effect from the
date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years from the date of
grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been complied with.
(6) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of lease granted before the date
of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, where mineral is used for other
than captive purpose, shall be extended and be deemed to have been extended up to a period ending on the 31 st March, 2020 with
effect from the date of expiry of the period of renewal last made or till the completion of renewal period, if any, or a period of fifty years
from the date of grant of such lease, whichever is later, subject to the condition that all the terms and conditions of the lease have been
complied with.
(7) Any holder of a lease granted, where mineral is used for captive purpose, shall have the right of first refusal at the time of
auction held for such lease after the expiry of the lease period.
(8) Notwithstanding anything contained in this section, the period of mining leases, including existing mining leases, of
Government companies or corporations shall be such as may be prescribed by the Central Government.
(9) The provisions of this section, notwithstanding anything contained therein, shall not apply to a mining lease granted before
the date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, for which renewal has
been rejected, or which has been determined, or lapsed. ".
9. Insertion of new sections 9B and 9C. After section 9A of the principal Act, the following sections shall be inserted,
namely:-
"9B. District Mineral Foundation. (1) In any district affected by mining related operations, the State Government shall, by
notification, establish a trust, as a non-profit body, to be called the District Mineral Foundation.
(2) The object of the District Mineral Foundation shall be to work for the interest and benefit of persons, and areas affected by
mining related operations in such manner as may be prescribed by the State Government.
(3) The composition and functions of the District Mineral Foundation shall be such as may be prescribed by the State
Government.
(4) The State Government while making rules under sub-sections (2) and (3) shall be guided by the provisions contained in
article 244 read with Fifth and Sixth Schedules to the Constitution relating to administration of the Scheduled Areas and Tribal Areas
and the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996) and the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (2 of 2007)
(5) The holder of a mining lease or a prospecting licence-cum-mining lease granted on or after the date of commencement of
the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall, in addition to the royalty, pay to the District Mineral
Foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty
paid in terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the Central Government.
(6) The holder of a mining lease granted before the date of commencement of the Mines and Minerals (Development and
Regulation) Amendment Act, 2015, shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the
mining operations are carried on, an amount not exceeding the royalty paid in terms of the Second Schedule in such manner and
subject to the categorisation of the mining leases and the amounts payable by the various categories of lease holders, as may be
prescribed by the Central Government.
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9C. National Mineral Exploration Trust. (1) The Central Government shall, by notification, establish a Trust, as a non-profit
body, to be called the National Mineral Exploration Trust.
(2) The object ofthe Trust shall be to use the funds accrued to the Trust for the purposes of regional and detailed exploration in
such manner as may be prescribed by the Central Government.
(3) The composition and functions of the Trust shall be such as may be prescribed by the Central Government.
(4) The holder of a mining lease or a prospecting licence-cum- mining lease shall pay to the Trust, a sum equivalent to two per
cent. of the royalty paid in terms of the Second Schedule, in such manner as may be prescribed by the Central Government.".
10. Insertion of new sections 10A, 10B, and 10C. After section 10 of the principal Act, the following sections shall be inserted,
namely:-
"10A. Rights of existing concession holders and applicants. (1) All applications received prior to the date of
commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, shall become ineligible.
(2) Without prejudice to sub-section (1), the following shall remain eligible on and from the date of commencement of the Mines
and Minerals (Development and Regulation) Amendment Act, 2015:-
(a)
applications received under section 11A of this Act;
(b)
where before the commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015
a reconnaissance permit or prospecting licence has been granted in respect of any land for any mineral, the permit
holder or the licensee shall have a right for obtaining a prospecting licence followed by a mining lease, or a mining
lease, as the case may be, in respect of that mineral in that land, if the State Government is satisfied that the permit
holder or the licensee, as the case may be,-
(i)
has undertaken reconnaissance operations or prospecting operations, as the case may be, to establish the
existence of mineral contents in such land in accordance with such parameters as may be prescribed by the
Central Government;
(ii)
has not committed any breach of the terms and conditions of the reconnaissance permit or the prospecting
licence;
(iii) has not become ineligible under the provisions of this Act; and
(iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may be, within a period
of three months after the expiry of reconnaissance permit or prospecting licence, as the case may be, or
within such further period not exceeding six months as may be extended by the State Government;
(c)
where the Central Government has communicated previous approval as required under sub-section (1) of section 5
for grant of a mining lease, or if a letter of intent (by whatever name called) has been issued by the State
Government to grant a mining lease, before the commencement of the Mines and Minerals (Development and
Regulation) Amendment Act, 2015, the mining lease shall be granted subject to fulfilment of the conditions of the
previous approval or of the letter of intent within a period of two years from the date of commencement of the said
Act:
Provided that in respect of any mineral specified in the First Schedule, no prospecting licence or mining lease shall be granted
under clause (b) of this sub¬section except with the previous approval of the Central Government.
10B. Grant of mining lease in respect of notified minerals through auction. (1) The provisions of this section shall not be
applicable to cases covered by section 10A or section 17 A or to minerals specified in Part A or Part B of the First Schedule or to land in
respect of which the minerals do not vest in the Government.
(2) Where there is inadequate evidence to show the existence of mineral contents of any notified mineral in respect of any area,
a State Government may, after obtaining the previous approval of the Central Government, grant a prospecting licence-cum¬mining
lease for the said notified mineral in such area in accordance with the procedure laid down in section 11.
(3) In areas where the existence of mineral contents of any notified mineral is established in the manner prescribed by the
Central Government, the State Government shall notify such areas for grant of mining leases for such notified mineral, the terms and
conditions subject to which such mining leases shall be granted, and any other relevant conditions, in such manner as may be
prescribed by the Central Government.
(4) For the purpose of granting a mining lease in respect of any notified mineral in such notified area, the State Government
shall select, through auction by a method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as
specified in this Act.
(5) The Central Government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be
conducted, including the bidding parameters for the selection, which may include a share in the production of the mineral, or any
payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them.
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(6) Without prejudice to the generality of sub-section (5), the Central Government shall, if it is of the opinion that it is necessary
and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and
area of mineral deposits and a State or States, subject to which the auction shall be conducted:
Provided that the terms and conditions may include the reservation of any particular mine or mines for a particular end-use and
subject to such condition which allow only such eligible end users to participate in the auction.
(7) The State Government shall grant a mining lease to an applicant selected in accordance with the procedure laid down in this
section in respect of such notified mineral in any notified area.
10C. Grant of non-exclusive reconnaissance permits. (1) Non-exclusive reconnaissance permits may be granted in respect
of any notified mineral or non-notified mineral or a group of specified minerals, other than minerals specified in Part A or Part B of the
First Schedule, subject to such terms and conditions as may be prescribed by the Central Government.
(2) The holder of such non-exclusive reconnaissance permit shall not be entitled to make any claim for the grant of any
prospecting licence-cum-mining lease or a mining lease.".
11. Substitution of new section for section 11. For section 11 of the principal Act, the following section shall be substituted,
namely:-
"11. Grant of prospecting licence-cum-mining lease through auction in respect of minerals other than notified
minerals. (1) The provisions of this section shall not be applicable to cases covered by section 10A or section 17A or to minerals
specified in Part A or Part B of the First Schedule or to land in respect of which minerals do not vest in the Government.
2) In areas where there is evidence to show the existence of mineral contents as required by clause (a) of sub-section (2) of
section 5, the State Government shall grant a mining lease for minerals other than notified minerals following the procedure laid down in
section 10B.
(3) In areas where there is inadequate evidence to show the existence of mineral contents as required under clause (a) of
sub-section (2) of section 5, the State Government shall grant a prospecting licence-cum-mining lease for minerals other than notified
minerals in accordance with the procedure laid down in this section.
(4) The State Government shall notify the areas in which prospecting licence-cum-mining leases shall be granted for any
minerals other than notified minerals, the terms and conditions subject to which such prospecting licence-cum-mining leases shall be
granted, and any other relevant conditions, in such manner as may be prescribed by the Central Government.
(5) For the purpose of granting prospecting licence-cum -mining leases, the State Government shall select, through auction by
method of competitive bidding, including e-auction, an applicant who fulfils the eligibility conditions as specified in this Act.
(6) The Central Government shall prescribe the terms and conditions, and procedure, subject to which the auction shall be
conducted, including the bidding parameters for the selection, which may include a share in the production of the mineral, or any
payment linked to the royalty payable, or any other relevant parameter, or any combination or modification of them.
(7) Without prejudice to the generality of sub-section (6), the Central Government shall, if it is of the opinion that it is necessary
and expedient to do so, prescribe terms and conditions, procedure and bidding parameters in respect of categories of minerals, size and
area of mineral deposits and a State or States, subject to which the auction shall be conducted.
(8) The State Government shall grant a prospecting licence-cum-mining lease to an applicant selected in accordance with the
procedure laid down in this section.
(9) The holder of a prospecting licence-cum-mining lease shall be required to complete, within the period laid down in section 7,
the prospecting operations satisfactorily as specified in the notice inviting applications.
(10) A holder of a prospecting licence-cum-mining lease, who completes the prospecting operation as laid down in sub-section
(9) and establishes the existence of mineral contents in the area in conformity with such parameters as may be prescribed for this
purpose by the Central Government, shall be required to apply for a mining lease for such area and shall have the right to get the mining
lease and thereafter undertake mining operations in accordance with the provisions of this Act.".
12. Insertion of new sections 11B and 11C. After section 11A of the principal Act, the following sections shall be inserted,
namely:-
"11B. Power of Central Government to make rules for regulating atomic minerals specified under Part B of First
Schedule. The Central Government may, by notification in the Official Gazette, make rules for regulating the grant of mining leases or
other mineral concessions in respect of minerals specified in Part B of the First Schedule and for purposes connected therewith, and the
State Government shall grant a reconnaissance permit, prospecting licence or mining lease in respect of any such mineral in
accordance with such rules.
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11C. Power of Central Government to amend First Schedule and Fourth Schedule. The Central Government may, by
notification in the Official Gazette, amend the First Schedule and the Fourth Schedule so as to add or delete any mineral as may be
specified in the notification.".
13. Insertion of new section 12A. After section 12 of the principal Act, the following section shall be inserted, namely:-
"12A. Transfer of mineral concessions. (1) The provisions of this section shall not apply to minerals specified in Part A or Part
B of the First Schedule.
(2) A holder of a mining lease or a prospecting licence-cum-mining lease granted in accordance with the procedure laid down in
section 10B or section 11 may, with the previous approval of the State Government, transfer his mining lease or prospecting licence-
cum-mining lease, as the case may be, in such manner as may be prescribed by the Central Government, to any person eligible to hold
such mining lease or prospecting licence-cum- mining lease in accordance with the provisions of this Act and the rules made
thereunder.
(3) If the State Government does not convey its previous approval for transfer of such mining lease or prospecting licence-cum-
mining lease, as the case may be, within a period of ninety days from the date of receiving such notice, it shall be construed that the
State Government has no objection to such transfer:
Provided that the holder of the original mining lease or prospecting licence-cum¬mining lease shall intimate to the State
Government the consideration payable by the successor-in-interest for the transfer, including the consideration in respect of the
prospecting operations already undertaken and the reports and data generated during the operations.
(4) No such transfer of a mining lease or prospecting licence-cum-mining lease, referred to in sub-section (2), shall take place if
the State Government, within the notice period and for reasons to be communicated in writing, disapproves the transfer on the ground
that the transferee is not eligible as per the provisions of this Act:
Provided that no such transfer of a mining lease or of a prospecting licence-cum-mining lease, shall be made in contravention of
any condition subject to which the mining lease or the prospecting licence-cum-mining lease was granted.
(5) All transfers effected under this section shall be subject to the condition that the transferee has accepted all the conditions
and liabilities under any law for the time being in force which the transferor was subject to in respect of such a mining lease or
prospecting licence-cum-mining lease, as the case may be.
(6) The transfer of mineral concessions shall be allowed only for concessions which are granted through auction.".
14. Amendment of section 13. In section 13 of the principal Act, in sub-section (2),-
(i)
after clause (j), the following clause shall be inserted, namely:-
"(jj)
parameters of existence of mineral contents under clause (a) of sub¬section (2) of section 5;";
(ii)
in clause (qq), the word "and" occurring at the end shall be omitted; (iii) after clause (qq), the following clauses
shall be inserted, namely:-
"(qqa)
the amount of payment to be made to the District Mineral Foundation under sub-sections (5) and (6) of
section 9B;
(qqb)
the manner of usage of funds accrued to the National Mineral Exploration Trust under sub-section (2) of
section 9C;
(qqc)
the composition and functions of the National Mineral Exploration Trust under sub-section (3) of section
9C;
(qqd)
the manner of payment of amount to the National Mineral Exploration Trust under sub-section (4) of
section 9C;
(qqe)
the terms and conditions subject to which mining leases shall be granted under sub-section (3) of
section 10B;
(qqf)
the terms and conditions, and procedure, subject to which the auction shall be conducted including the
bidding parameters for the selection under sub-section (5) of section 10B;
(qqg)
the time limits for various stages in processing applications for grant of mining lease or prospecting
licence-cum-mining lease under sections 10B, 11, 11A, 11B, and section 17A, and their renewals;
(qqh)
the terms and conditions for grant of non-exclusive reconnaissance permits under sub-section (1) of
section 10C;
(qqi)
the terms and conditions for grant of prospecting licence-cum¬mining leases under sub-section (4) of
section 11;
(qqj)
the terms and conditions, and procedure, including the bidding parameters for the selection under sub-
section (6) of section 11;
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(qqk)
the amount to be payable by a Government company or corporation, or a joint venture for grant of
mining lease under sub-section (2C) of section 17 A; and".
15. Amendment of section 15. In section 15 ofthe principal Act, after sub-section (3), the following sub-section shall be
inserted, namely:-
"(4) Without prejudice to sub-sections (1), (2) and sub-section (3), the State Government may, by notification, make rules for
regulating the provisions of this Act for the following, namely:-
(a)
the manner in which the District Mineral Foundation shall work for the interest and benefit of persons and
areas affected by mining under sub-section (2) of section 9B;
(b)
the composition and functions of the District Mineral Foundation under sub-section (3) of section 9B; and
(c)
the amount of payment to be made to the District Mineral Foundation by concession holders of minor
minerals under section 15A.".
16. Insertion of new section 15A. After section 15 of the principal Act, the following section shall be inserted, namely:-
"15A. Power of State Government to collect funds for District Mineral Foundation in case of minor minerals. The State
Government may prescribe the payment by all holders of concessions related to minor minerals of amounts to the District Mineral
Foundation of the district in which the mining operations are carried on.".
17. Amendment of section 17A. In section 17 A of the principal Act, after sub-section (2), the following sub-sections shall be
inserted, namely:-
"(2A) Where in exercise of the powers conferred by sub-section (1A) or sub¬section (2), the Central Government or the State
Government, as the case may be, reserves any area for undertaking prospecting or mining operations, the State Government shall
grant prospecting licence or mining lease, as the case may be, in respect of such area to such Government company or corporation:
Provided that in respect of any mineral specified in Part A and Part B of the First Schedule, the State Government shall grant
the prospecting licence or mining lease, as the case may be, only after obtaining the previous approval of the Central Government.
(2B) Where the Government company or corporation is desirous of carrying out the prospecting operations or mining operations
in a joint venture with other persons, the joint venture partner shall be selected through a competitive process, and such Government
company or corporation shall hold more than seventy-four per cent. of the paid up share capital in such joint venture.
(2C) A mining lease granted to a Government company or corporation, or a joint venture, referred to in sub-sections (2A) and
(2B), shall be granted on payment of such amount as may be prescribed by the Central Government.".
18. Insertion of new section 20A. After section 20 of the principal Act, the following section shall be inserted, namely:-
"20A. Power of Central Government to issue directions. (1) Notwithstanding anything contained in this Act, the Central
Government may issue such directions to the State Governments, as may be required for the conservation of mineral resources, or on
any policy matter in the national interest, and for the scientific and sustainable development and exploitation of mineral resources.
(2) In particular, and without prejudice to the generality of the foregoing powers, the Central Government may also issue
directions in respect of the following matters, namely:-
(i)
improvement in procedure for grant of mineral concessions and to ensure co-ordination among agencies
entrusted with according statutory clearances;
(ii)
maintenance of internet-based databases including development and operation of a mining tenement system;
(iii) implementation and evaluation of sustainable development frameworks;
(iv) reduction in waste generation and related waste management practices and promotion of recycling of
materials;
(v)
minimising and mitigating adverse environmental impacts particularly in respect of ground water, air, ambient
noise and land;
(vi) ensuring minimal ecological disturbance, in terms of bio-diversity, flora, fauna and habitat;
(vii) promoting restoration and reclamation activities so as to make optimal use of mined out land for the benefit of
the local communities; and
(viii) such other matters as may be necessary for the purposes of implementation of this Act.".
19. Amendment of section 21. In section 21 of the principal Act, for sub-sections (1) and (2), the following sub¬sections shall
be substituted, namely:-
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"(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.".
20. Substitution of new section for section 30. For section 30 of the principal Act, the following section shall be substituted,
namely:-
"30. Power of revision by Central Government. The Central Government may, of its own motion or on an application made
within the prescribed time by an aggrieved party, -
(a)
revise any order made by a State Government or other authority in exercise of the powers conferred on it by or
under this Act with respect to any mineral other than a minor mineral; or
(b)
where no such order has been made by the State Government or other authority in exercise of the powers
conferred on it by or under this Act with respect to any mineral other than a minor mineral within the time
prescribed therefor, pass such order as it may think fit and appropriate in the circumstances:
Provided that in cases covered by clause (b) the Central Government shall, before passing any order under this clause, give an
opportunity of being heard or to represent in the matter.".
21. Insertion of new sections 30B and 30C. After section 30A of the principal Act, the following sections shall be inserted,
namely:-
"30B. Constitution of Special Courts. (1) The State Government may, for the purposes of providing speedy trial of offences
for contravention of the provisions of sub-section (1) or sub-section (1A) of section 4, constitute, by notification, as many Special Courts
as may be necessary for such area or areas, as may be specified in the notification.
(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with the concurrence of the High
Court.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has been a District and
Sessions Judge.
(4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court within a period of sixty days
from the date of such order.
30C. Special Courts to have powers of Court of Session. Save as otherwise provided in this Act, the Code of Criminal
Procedure, 1973 (2 of 1974), 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.".
22. Amendment of First Schedule. In the principal Act, in the First Schedule, for the figures and brackets "8(2)", the figures,
brackets, letters and word "8(1), 8A(1), 10A, 10B(1), 10CC])' 11(1), 11B, 11C, 12A(1), and 17 A (2A)" shall be substituted.
23. Insertion of a new Schedule. In the principal Act, after the Third Schedule, the following Schedule shall be inserted,
namely:-
'THE FOURTH SCHEDULE
[See clause (ea) of section 3]
Notified Minerals
1. Bauxite.
2. Iron ore.
3. Limestone.
4. Manganese ore.".
24. 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.
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301
25. Repeal and savings. (1) The Mines and Minerals (Development and Regulation) Amendment Ordinance, 2015, (Ord. 3 of
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.
Dr. SANJAY SINGH,
Secretary to the Govt. of India.
P.R. 22
SC - 20
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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
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C¢ü¸ÀÆZÀ£É
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F PɼÀPÀAqÀ The Motor Vehicles (Amendment) Act 2015 (No. 3 of 2015) ¢£ÁAPÀ: 19-03-2015 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ
gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 20th March, 2015
The following Act of Parliament received the assent of the President on the 19th March, 2015, and is hereby published for
general information:-
THE MOTOR VEHICLES (AMENDMENT) ACT, 2015
No. 3 OF 2015
[19th March, 2015.]
An Act further to amend the Motor Vehicles Act, 1988
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
1.
Short title and commencement. (1) This Act may be called the Motor Vehicles (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on the 7th day of January, 2015.
2. Insertion of new section 2A. In the Motor Vehicles Act, 1988 (59 of 1988) (hereinafter referred to as the principal Act), after
section 2, the following section shall be inserted, namely:-
'2A. e-cart and e-rickshaw. (1) Save as otherwise provided in the proviso to sub-section (1) of section 7 and sub-section (10)
of section 9, the provisions of this Act shall apply to e-cart and e-rickshaw.
(2) For the purposes of this section, "e-cart or e-rickshaw" means a special purpose battery powered vehicle of power not
exceeding 4000 watts, having three wheels for carrying goods or passengers, as the case may be, for hire or reward, manufactured,
constructed or adapted, equipped and maintained in accordance with such specifications, as may be prescribed in this behalf.'.
3. Amendment of section 7. In the principal Act, in section 7, in sub-section (1), the following proviso shall be inserted,
namely:-
"Provided that nothing contained in this sub-section shall apply to an e-cart or e-rickshaw.".
4. Amendment of section 9. In the principal Act, in section 9, after sub-section (9), the following sub-section shall be inserted,
namely:-
"(10) Notwithstanding anything contained in this section, the driving licence to drive e-cart or e-rickshaw shall be issued in such
manner and subject to such conditions, as may be prescribed.".
5. Amendment of section 27. In the principal Act, in section 27,-
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(i)
clause (a) shall be renumbered as clause (aa) thereof and before clause (aa) as so renumbered, the following
clause shall be inserted, namely:-
"(a) specifications relating to e-cart and e-rickshaw under sub-section (2) of section 2A;";
(ii) after clause (f), the following clause shall be inserted, namely:-
"(ff) the manner and the conditions subject to which the driving licence may be issued under sub-section (10) of
section 9;".
6. Repeal and saving. (1) The Motor Vehicles (Amendment) Ordinance, 2015, (Ord. 2 of 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 principal Act, as amended by this Act.
Dr. SANJAY SINGH,
Secretary to the Govt. of India.
P.R. 23
SC - 20
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¸ÀA¸À¢ÃAiÀÄ ªÀåªÀºÁgÀUÀ¼À E¯ÁSÉ.
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2015£Éà ¸Á°£À 10-03-2015£Éà ¢£ÁAPÀzÀ ¨sÁgÀvÀ ¸ÀPÁðgÀzÀ UÉeÉmï£À «±ÉõÀ ¸ÀAaPÉAiÀÄ ¨sÁUÀ-II ¸ÉPÀë£ï (1) gÀ°è ¥ÀæPÀlªÁzÀ
F PɼÀPÀAqÀ The CitizenShip (Amendment) Act 2015 (No. 01 of 2015) ¢£ÁAPÀ: 10-03-2015 C£ÀÄß ¸ÁªÀðd¤PÀgÀ ªÀiÁ»wUÁV PÀ£ÁðlPÀ
gÁdå¥ÀvÀæzÀ°è ªÀÄgÀÄ ¥ÀæPÀn¸À¯ÁVzÉ.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 11th March, 2015
The following Act of Parliament received the assent of the President on the 10th March, 2015, and is hereby published for
general information:-
THE CITIZENSHIP (AMENDMENT) ACT, 2015
No. 1 OF 2015
[10th March, 2015.]
An Act further to amend the Citizenship Act, 1955.
BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Citizenship (Amendment) Act, 2015.
(2) It shall be deemed to have come into force on the 6th day of January, 2015.
2. Amendment of section 2.- In the Citizenship Act, 1955 (57 of 1955) (hereinafter referred to as the principal Act), in section 2,
in sub-section (1), for clause (ee), the following clause shall be substituted, namely:-
'(ee) "Overseas Citizen of India Cardholder" means a person registered as an Overseas Citizen of India Cardholder by the
Central Government under section 7A;'.
3. Amendment of section 5.- In the principal Act, in section 5,-
(i) in sub-section (1),-
(a)
in clause (f), for the words "has been residing in India for one year", the words "is ordinarily resident in India
for twelve months" shall be substituted;
(b)
in clause (g),-
(A) for the words "Overseas Citizen of India", the words "Overseas Citizen of India Cardholder" shall be
substituted;
(B) for the words "has been residing in India for one year", the words "is ordinarily resident in India for
twelve months" shall be substituted;
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(ii) after sub-section (1), the following sub-section shall be inserted, namely:-
"(1A) The Central Government, if it is satisfied that special circumstances exist, may after recording the circumstances in writing,
relax the period of twelve months, specified in clauses (f) and (g) and clause (i) of Explanation 1 of sub-section (1), upto a maximum of
thirty days which may be in different breaks.".
4. Substitution of new sections for sections 7A, 7B, 7C and section 7D.- In the principal Act, for sections 7A, 7B, 7C and
section 7D, the following sections shall be substituted, namely:-
"7A. Registration of Overseas Citizen of India Cardholder.- (1) The Central Government may, subject to such conditions,
restrictions and manner as may be prescribed, on an application made in this behalf, register as an Overseas Citizen of India
Cardholder-
(a) any person of full age and capacity,-
(i)
who is a citizen of another country, but was a citizen of India at the time of, or at any time after the
commencement of the Constitution; or
(ii)
who is a citizen of another country, but was eligible to become a citizen of India at the time of the
commencement of the Constitution; or
(iii) who is a citizen of another country, but belonged to a territory that became part of India after the 15th day of
August, 1947; or
(iv) who is a child or a grandchild or a great grandchild of such a citizen; or
(b)
a person, who is a minor child of a person mentioned in clause (a); or
(c)
a person, who is a minor child, and whose both parents are citizens of India or one of the parents is a citizen of
India; or
(d)
spouse of foreign origin of a citizen of India or spouse of foreign origin of an Overseas Citizen of India Cardholder
registered under section 7A and whose marriage has been registered and subsisted for a continuous period of not
less than two years immediately preceding the presentation of the application under this section:
Provided that for the eligibility for registration as an Overseas Citizen of India Cardholder, such spouse shall be subjected to
prior security clearance by a competent authority in India:
Provided further that no person, who or either of whose parents or grandparents or great grandparents is or had been a citizen
of Pakistan, Bangladesh or such other country as the Central Government may, by notification in the Official Gazette, specify, shall be
eligible for registration as an Overseas Citizen of India Cardholder under this sub-section.
(2) The Central Government may, by notification in the Official Gazette, specify the date from which the existing Persons of
Indian Origin Cardholders shall be deemed to be Overseas Citizens of India Cardholders.
Explanation.- For the purposes of this sub-section, "Persons of Indian Origin Cardholders" means the persons registered as
such under notification number 26011/4/98 F.I., dated the 19th August, 2002, issued by the Central Government in this regard.
(3) Notwithstanding anything contained in sub-section (1), the Central Government may, if it is satisfied that special
circumstances exist, after recording the circumstances in writing, register a person as an Overseas Citizen of India Cardholder.
7B. Conferment of rights on Overseas Citizen of India Cardholder. (1) Notwithstanding anything contained in any other law
for the time being in force, an Overseas Citizen of India Cardholder shall be entitled to such rights, other than the rights specified under
sub-section (2), as the Central Government may, by notification in the Official Gazette, specify in this behalf.
(2) An Overseas Citizen of India Cardholder shall not be entitled to the rights conferred on a citizen of India-
(a)
under article 16 of the Constitution with regard to equality of opportunity in matters of public employment;
(b)
under article 58 of the Constitution for election as President;
(c)
under article 66 of the Constitution for election as Vice-President; (d) under article 124 of the Constitution for
appointment as a Judge of the Supreme Court;
(e)
under article 217 of the Constitution for appointment as a Judge of the High Court;
(f)
under section 16 of the Representation of the People Act, 1950 (43 of 1950) in regard to registration as a voter;
(g)
under sections 3 and 4 of the Representation of the People Act, 1951 (43 of 1951) with regard to the eligibility
for being a member of the House of the People or of the Council of States, as the case may be;
(h)
under sections 5, 5A and section 6 of the Representation of the People Act, 1951 (43 of 1951) with regard to the
eligibility for being a member of the Legislative Assembly or the Legislative Council, as the case may be, of a
State;
(i)
for appointment to public services and posts in connection with affairs of the Union or of any State except for
appointment in such services and posts as the Central Government may, by special order in that behalf, specify.
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(3) Every notification issued under sub-section (1) shall be laid before each House of Parliament.
7C. Renunciation of Overseas Citizen of India Card.- (1) If any Overseas Citizen of India Cardholder of full age and capacity
makes in prescribed manner a declaration renouncing the Card registering him as an Overseas Citizen of India Cardholder, the
declaration shall be registered by the Central Government, and upon such registration, that person shall cease to be an Overseas
Citizen of India Cardholder.
(2) Where a person ceases to be an Overseas Citizen of India Cardholder under sub-section (1), the spouse of foreign origin of
that person, who has obtained Overseas Citizen of India Card under clause (d) of sub-section (1) of section 7A, and every minor child
of that person registered as an Overseas Citizen of India Cardholder shall thereupon cease to be an Overseas Citizen of India
Cardholder.
7D. Cancellation of registration as Overseas Citizen of India Cardholder.- The Central Government may, by order, cancel
the registration granted under sub-section (1) of section 7A, if it is satisfied that-
(a)
the registration as an Overseas Citizen of India Cardholder was obtained by means of fraud, false
representation or the concealment of any material fact; or
(b)
the Overseas Citizen of India Cardholder has shown disaffection towards the Constitution, as by law
established; or
(c)
the Overseas Citizen of India Cardholder has, during any war in which India may be engaged, unlawfully traded
or communicated with an enemy or been engaged in, or associated with, any business or commercial activity
that was to his knowledge carried on in such manner as to assist an enemy in that war; or
(d)
the Overseas Citizen of India Cardholder has, within five years after registration under sub-section (1) of section
7A, been sentenced to imprisonment for a term of not less than two years; or
(e)
it is necessary so to do in the interests ofthe sovereignty and integrity of India, the security of India, friendly
relations of India with any foreign country, or in the interests of the general public; or
(f)
the marriage of an Overseas Citizen of India Cardholder, who has obtained such Card under clause (d) of sub-
section (1) of section 7A,-
(i)
has been dissolved by a competent court of law or otherwise; or
(ii)
has not been dissolved but, during the subsistence of such marriage, he has solemnised marriage with
any other person.".
5. Amendment of section 18.- In the principal Act, in section 18, in sub-section (2), after clause (ee), the following clauses shall
be inserted, namely:-
"(eea) the conditions and the manner subject to which a person may be registered as an Overseas Citizen of India
Cardholder under sub-section (1) of section 7A;
(eeb) the manner of making declaration for renunciation of Overseas Citizen of India Card under sub-section (1) of
section 7C;".
6. Amendment of Third Schedule.- In the principal Act, in the Third Schedule, in clause (c), the following proviso shall be
inserted, namely:-
"Provided that if the Central Government is satisfied that special circumstances exist, it may, after recording the circumstances
in writing, relax the period of twelve months up to a maximum of thirty days which may be in different breaks.".
7. Repeal and savings.- (1) The Citizenship (Amendment) Ordinance, 2015 (Ord. 1 of 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.
Dr. SANJAY SINGH,
Secretary to the Govt. of India.
P.R. 25
SC - 20
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R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2014-16
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