IV-2—Ex. (79)
©
[Regd. No. TN/CCN/467/2012-14.
GOVERNMENT OF TAMIL NADU
[R. Dis. No. 197/2009.
2025
[Price: Rs. 2.40 Paise.
TAMIL NADU
GOVERNMENT GAZETTE
EXTRAORDINARY
PUBLISHED BY AUTHORITY
Part IV—Section 2
Tamil Nadu Acts and Ordinances
[33]
The following Act of the Tamil Nadu Legislative Assembly
received the assent of the Governor on the 20th February 2025 and
is hereby published for general information:—
ACT No. 9 of 2025.
An act to provide for the levy and collection of tax on mineral
bearing land and the matters connected therewith or
incidental thereto.
Be it enacted by the Legislative Assembly of the State of
Tamil Nadu in the Seventy-fifth Year of the Republic of India
as follows: —
1.
(1) This Act may be called the Tamil Nadu Mineral Bearing
Land Tax Act, 2024.
(2) It shall extend to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government
may, by notification, appoint.
Short title, extent
and
commencement.
2.
In this Act, unless the context otherwise requires, —
Definitions.
(a) “appellate authority” means the appellate authority
appointed under sub-section (1) of section 6;
(b) “despatch” means despatch of any mineral from the
mineral bearing land by the holder;
(c) “Government” means the State Government;
(d) “holder” means the holder of composite licence or exploration
licence or prospecting licence or mining lease or quarrying lease or
any other mineral concession granted in respect of mineral bearing
land;
No. 79]
CHENNAI, THURSDAY, FEBRUARY 20, 2025
Maasi 8, Kurothi, Thiruvalluvar Aandu-2056
34
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Levy of tax on
mineral bearing
land.
(e) “mineral” means any mineral specified in the
Schedule;
(f) “mineral bearing land” means any land which bears any
mineral and in respect of which composite licence or exploration
licence or prospecting licence or mining lease or quarrying lease
or any other mineral concession, as the case may be, has been
granted or deemed to have been granted under the Mines and
Minerals (Development and Regulation) Act, 1957, the Oilfields
(Regulation and Development) Act, 1948 or the rules made
thereunder;
(g) “notified authority” means an authority notified under
sub-section (1) of section 4;
(h) “prescribed” means prescribed by the rules made under
this Act;
(i) “Schedule” means the Schedule to this Act;
(j) “tax” means the mineral bearing land tax leviable under
section 3.
3. There shall be levied a tax called the mineral bearing land tax
on the land bearing any mineral specified in the Schedule at such
rates as specified therein.
Central Act 67 of
1957.
Central Act 53 of
1948.
Assessment,
collection and
payment of
tax.
4.
(1) The tax shall be assessed, levied and collected
in such manner as may be prescribed, by such authority not
below the rank of Assistant Director of Geology and Mining of the
district concerned, as may be notified by the Government in the
Tamil Nadu Government Gazette.
(2) The holder shall pay the tax specified in the Schedule in
advance in such manner as may be prescribed and a receipt therefor
shall be issued in such form as may be prescribed. The holder shall
submit the receipt of payment of tax to the notified authority before
despatch.
(3) The holder shall submit such returns in such form, for
such period and in such manner as may be prescribed.
(4) The holder shall maintain such accounts, registers,
records and other documents relating to the levy of tax in such form
and in such manner as may be prescribed.
Recovery of tax
and penalty.
5.
(1) If the holder despatches any mineral from the mineral
bearing land without payment of tax or has paid less than the tax due,
the notified authority shall issue a notice of demand, in such manner
as may be prescribed, to the holder for payment of the tax due along
with a penalty at the rate of five per cent on the amount of such tax.
(2) The amount of tax and the penalty imposed, if any, if not
paid, shall be recovered as arrears of land revenue and the provisions
of the Tamil Nadu Revenue Recovery Act, 1864 shall apply for such
recovery.
Tamil Nadu Act II
of 1864
.
35
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
6.
(1) Any person aggrieved by an order passed by the notified
authority, may prefer an appeal within thirty days from the date of
receipt of such order before the appellate authority appointed by the
Government, by notification:
Provided that the appellate authority may admit the appeal
after the aforesaid period, if it is satisfied that the applicant had
sufficient cause for not preferring the appeal within the said period:
Provided further that no appeal shall be entertained by the
appellate authority unless it is accompanied with the proof of payment
of thirty per cent of the tax due against which the appeal has been
preferred.
(2) The appellate authority shall pass such orders as it may
deem fit, after affording an opportunity of being heard to the appellant.
Appeal.
7.
The Government or any other revisional authority, as may be
appointed by the Government by notification, may, suo-moto at any
time or on an application made by any person aggrieved by an order
passed under section 6 within thirty days from the date of receipt of
such order, call for and examine the records thereof to satisfy itself
as to the correctness or propriety of the order made or decision taken
thereon and in any case, it appears to the revisional authority that
any such order should be modified, annuled or remitted back for
reconsideration, the revisional authority may pass such order as it
may deem fit, after affording an opportunity of being heard to the
aggrieved person.
Revision.
8.
Any person who violates any of the provisions of
sub-sections (3) and (4) of section 4 and the rules made thereunder
shall be imposed with a penalty by the notified authority, as may be
prescribed, not exceeding five thousand rupees and where such
violation is a continuing one, with further penalty not exceeding five
hundred rupees, for every day during which such violation continues:
Provided that the penalty so imposed under this section in
respect of any violation shall not exceed fifty thousand rupees in the
aggregate.
Penalty.
9.
The Government may, by notification from time to time,
amend the Schedule so as to add, omit any minerals or alter the rate
of tax specified therein:
Provided that the increase of the rate of tax under this section
shall not, in aggregate, exceed fifty per cent of the rate of tax specified
in the Schedule.
Power to amend
Schedule.
10. (1)
The Government may make rules for carrying out the
purposes of this Act.
(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 manner of levy, assessment and collection of tax;
Power to make
rules.
36
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(b) the manner of payment of tax;
(c) the form, period, manner in which returns shall be
submitted;
(d) the accounts, registers, records and other documents
to be maintained by the holder and the manner in which they shall be
maintained;
(e) the form of receipt for payment of the tax;
(f) the manner and form in which the demand notice to
be issued under sub-section (1) of section 5;
(g) the quantum of penalty under section 8;
(h) any other matter which is required to be or may be
prescribed.
(3) All rules and notifications made under this Act shall be
published in the Tamil Nadu Government Gazette, and unless they
are expressed to come into force on a particular day, shall come into
force on the day on which they are so published.
(4) Every rule made, notification or order issued under this
Act shall, as soon as possible, after it is made or issued, be placed
on the table of the Legislative Assembly, and if, before the expiry of
the session in which it is so placed or the next session, the Legislative
Assembly makes any modification in any such rule, notification or
order, or the Legislative Assembly decides that the rule, notification
or order should not be made or issued, the rule, notification or order
shall thereafter have effect only in such modified form or be of no
effect, as the case may be, so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule, notification or order.
Liability of holder
under
other
laws not to be
affected.
11. Nothing contained in this Act shall affect the liability of the
holder for payment of any dues under any other law for the time being
in force.
Protection
of
action taken in
good faith.
12. No suit, prosecution or other proceedings shall lie against
any officer or servant of the Government in respect of any thing done
or purported to have been done or intended to be done by such officer
or servant in good faith in pursuance of this Act or any rules made
thereunder.
Power to remove
difficulties.
13. If any difficulty arises in giving effect to this Act, the
Government may, by an order published in the Tamil Nadu
Government Gazette, make such provisions not inconsistent with the
provisions of this Act, as appear to them to be necessary or expedient
for removing the difficulty:
Provided that no such order shall be made after the expiry of
a period of two years from the date of commencement of this Act.
37
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
THE SCHEDULE
(See section 3)
RATE OF MINERAL BEARING LAND TAX.
PART-A.
LAND BEARING MAJOR MINERALS.
Serial
Number
(1)
Name of the
Mineral.
(2)
Rate of Tax.
(in Rupees)
(3)
per metric tonne.
per cubic metre.
1.
Lignite.
250
-
2.
Limestone.
160
-
3.
Marl.
160
-
4.
Magnesite.
260
-
5.
Graphite.
40
-
6.
Vermiculite.
250
-
7.
Garnet.
1250
-
8.
Ilmenite.
950
-
9.
Rutile.
5500
-
10.
Zircon.
6600
-
11.
Monazite.
250
-
12.
Sillimanite.
7000
-
13.
Leucoxene.
3500
-
38
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
PART-B.
LAND BEARING MINOR MINERALS.
Serial
Number
(1)
Name of the
Mineral.
(2)
Rate of Tax.
(in Rupees)
(3)
per metric tonne.
per cubic metre.
1.
Rough Stone.
90
140
2.
Gravel/Earth.
45
85
3.
Colour Granite.
300
800
4.
Black Granite.
420
1300
5.
Pebbles.
150
390
6.
Sand.
-
400
7.
Quartz.
345
-
8.
Feldspar.
200
-
9.
Fireclay.
70
-
10.
Ball Clay.
150
-
11.
Clay.
40
-
12.
Kankar.
160
-
13.
Silica Sand.
240
-
14.
Quartzite.
150
-
15.
Calcite.
160
-
16.
Dunite.
225
-
17.
Dolomite.
165
-
PART-C
LAND BEARING MINERAL OILS.
Serial
Number
(1)
Name of the
Mineral.
(2)
Rate of Tax.
(in Rupees)
(3)
per metric tonne.
per cubic metre.
1.
Crude Oil.
8500
-
2.
Natural Gas.
-
3.5
(By order of the Governor)
S. GEORGE ALEXANDER,
Secretary to Government,
Law Department.
PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI
ON BEHALF OF THE GOVERNMENT OF TAMIL NADU