The Rest of the MMDR Act

In one line

Recovery as land revenue, protection for what is done in good faith, a coal proviso, Special Courts for illegal mining, a power to relax the rules, and the Schedules that carry the lists everything else depends on.

In the wording a student can write in an exam: section 24A sets out the rights and liabilities of a concession holder; section 25 makes any rent, royalty, tax, fee or other sum due under the Act recoverable as an arrear of land revenue; section 26 allows delegation of powers; section 27 protects action taken in good faith; section 28 requires rules to be laid before Parliament; section 29 saves the existing rules; section 30A makes special provision for coal leases granted before 25 October 1949, and sections 30B and 30C provide Special Courts for the offences of mining, transporting or storing without authority; section 31 empowers the Central Government to relax the rules in the interest of mineral development; and section 33 validates acts done under the 1948 Act, section 32 having been repealed.

Recovery, protection and delegated legislation

Section 24A makes it lawful for the holder of a mineral concession, his agents and workmen, to enter the land and carry out the operations the rules prescribe, and makes him liable to compensate the occupier of the surface for any loss or damage the operations cause, the amount being determined by the State Government.

Section 25, recovery. Any rent, royalty, tax, fee or other sum due to the Government under the Act or the rules, or under the terms of a concession, may be recovered in the same manner as an arrear of land revenue.

Recovery as an arrear of land revenue is the strongest collection power the Indian state has. No suit is needed, no decree; the Collector attaches and sells. It is why a section 21(5) demand for the price of illegally raised mineral is collectable at all, and it is worth saying so when explaining that remedy.

Section 26 allows the Central Government to delegate its powers to its own officers or to a State Government, and a State Government to delegate to its officers.

Section 27 protects any person from suit, prosecution or other legal proceeding for anything done in good faith or intended to be done under the Act, section 28 requires every rule made under the Act to be laid before each House of Parliament for thirty days with the usual power of modification or annulment, and section 29 saves the rules made under the repealed Act of 1948 so far as they are consistent.

Section 31: relaxation

Section 31. The Central Government may, if it is of opinion that in the interest of mineral development it is necessary so to do, by order in writing and for reasons to be recorded, authorise in any case the grant of any concession on terms and conditions different from those laid down in the rules.