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Powers Delegated to the Officers under M.M.(D.&R.) Act,1957  and M.C.R, 1960 

 

 

Sl.

No.

Government Order No/ Government letter

Number etc.

Powers delegated under which provision

 

To whom such powers have been delegated Powers delegated
1 G.O. Ms. No. 626 / Industries (K) Department dated 11.06.1986

Section 26 (2) of the Mines and Minerals (Development and Regulations) Act 1957.

 

 

State Government’s powers delegated to District Collectors.

i)        To do what has been specified under section 21 (3) of the Act.

ii)       To do what has been specified under Section 21 (5) of the Act i.e. Mines and Minerals (Development and Regulations) Act 1957.

2 G.O.  Ms. NO. 167/ Industries (MMC.1) department dated 16.06.1994. Section 26 (2) of the Mines and Minerals (Development and Regulations) Act 1957. For seizure of mineral and levy of penalty, powers delegated to District Forest Officers in respect of Forest areas. To perform the functions as per Section 21 (5) of the Mines and Minerals (Development and Regulation Act) 1957.
3 G.O. Ms. No. 626/Ind.(K) Department. dt. 11.6.86

Sec. 21 of the code of Criminal Procedure 1973

 

The Assistant Director of Geology and Mining, Assistant Geologist, Special Tahsildar (Mines), Special Dy. Tahsildar (Mines), Department of Geology and Mining have been appointed as Special Executive Magistrates within their respective jurisdiction. To perform the functions as specified in sub Section 4 of Sec.21 of the Mines and Minerals (Development and Regulation) Act 1957.  
4 G.O. Ms. No. 4 Industries / MMC 1 / department dated 02.01.1998 Section 21 (4) of the Mines and Minerals (Development and Regulations) Act 1957 Joint Director of Geology and Mining, Presidents of local body authorities like village Panchayats etc.  Executive Officers of Town Panchayats, Townships.  Commissioners of Municipalities, Corporations in respect of common use minor minerals except granite. For seizure of  mineral and vehicle for the offence of illicit quarrying / mining in respect of common use minor mineral except granite

5

 

G.O. Ms. No. 4  Industries MMC 1 / Department dated 02.01.1998

 

 

Section 26 (2) of the Mines and Minerals (Development and Regulations) Act 1957. Powers given to the Revenue Divisional Officers for levy of penalty in respect of all common use minor minerals except granite For levy of penalty on the offenders in respect of minor minerals except granite.
6 G.O. Ms. No. 560 Ind. (MMC.1) Department. dt. 28.6.90 Sub Sec. 4 of Sec. 21 of the Mines and Minerals (Development and Regulation) Act 1957 The Deputy Directors and Assistant Directors posted in the districts, Assistant Geologists, Special Tahsildar (Mines), Special Dy. Tahsildar (Mines) of the Department of Geology and Mining.

For performing the functions as specified in Sub sec. 4 of Sec. 21 of the Mines and Minerals (Development and Regulation) Act 1957 within their respective jurisdiction.

 

7

 

G.O. Ms. No. 4 / Industries MMC 1 / Department dated 02.01.1998 Section 22 of Mines and Minerals (Development and Regulations) Act 1957. Powers given to Revenue Divisional Officers to file a complaint to the Court i.e. to file criminal suit against the offender.

To proceed under Section 21 (6) of the Mines and Minerals (Development and Regulations) Act 1957.

(i.e. to take cognizance of offence to file FIR and to file a case for recovery etc).

 

8 G.O. Ms. No. 1557 / Industries / Labour and Co-operation dt.15.3.1961.

Rule 9 and Rule 22 of Mineral Concession

 Rules, 1960.

 

Rule 29 of Mineral Concession Rules, 1960.

 

  District Collectors.

 

  

 

  District Collectors

 

To receive the Mining lease and Prospecting Licence applications for major minerals.

 

 

For determination of mining lease.

 

9   Rule 14 (1) (i) of Mineral Concession Rules, 1960. State Government Fixing of prospecting fee by the Government for prospecting license.
10   Section 16 (2) of Mines and Minerals (Development and Regulation Act) 1957. Government of India  Government of India have framed Mining Lease (Modification of terms) Rules, 1956.
11 GSR 1023(E) dt. 26.10.88 Section 18 of Mines and Minerals (Development and Regulation) Act 1957. Government of India 

Government of India framed Mineral Conservation and Development Rules, 1988 for conservation and development of minerals.

12

Notification of Government of India in 1 (12) / 65 – M II / dated 29.03.1965.

 

Section 24 (1) of Mines and Minerals (Development and Regulation Act) 1957.

 

To the Chief Controller of Mines, Regional Controller of Mines, Regional Mining Geologist, attached to the Mines Control and Conservation of Minerals Division. Junior Mining Geologist of Senior mining Geologist attached to the Mines Control and Conservation of Minerals Division.

To Enter, in respect, Survey, make measurement to examine documents etc. in any active or abandoned mine and to take action under Section 21 (1) of the Act.
13 Government of India, Ministry of Steel, Mines and Fuel – Notification No. M II / 159 (1) / 57-2 dated 15.11.1960. Rule 9 and 22 of Mineral Concession Rules, 1960. District Collectors District Collectors nominated as receiving Officers for Prospecting Licence / Mining lease and renewal applications for major minerals.
Rule 29 of Mineral Concession Rules, 1960. District Collectors To receive the notice of the lessee for determination of the lease.
14. G.O. Ms. No. 1557 / Industries / Laboratory and Co-operative dated 15.03.1961. Rule 14 (1) (i) of Mineral Concession Rules, 1960. State Government Fixing of licence fee by the Government for prospecting license. 

15

 

Government of India Notification No. M II – 185 (4) / 62 dated 18.09.1962.  (Republished in Government of Tamilnadu Notification.

    G.O. Ms. No. 5807/ Ind. Labour and Co-operative dated 27.11.1962.

 

Section 22 of Mines and Minerals (Development and Regulation Act) 1957.

i)  Director, Indian Bureau of Mines.

ii) Chief Controller of Mines, Indian Bureau of Mines.

iii)  Controller of Mines.

 

To make complaint to the Court, in respect of offences relating to mineral (both major and minor minerals)

 (i.e to file case before Magistrate).

 

16   Section 9 of Mines and Minerals (Development and Regulation Act)1957 Government of India. The Central Government by notification in the official gazettee, amend the second schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification.
17 Notification No. 1 (12) / 65-M II dated 29.03.1965.  (renotified in G.O. Ms. No.2072 / Industries Labour and Co-operative dated 17.04.1965. Section 24 (1) of the Act.

Chief Controller of Mines,

Regional Controller of Mines,

Regional Mining Geologist,

Senior Mining Geologist.

Junior Mining Geologist attached to the Mines Control and Conservation of Minerals Division.

 

 

a)    To enter and inspect any mine

b)   Survey and take measurements in any such mine

c) Weigh, measure or take measurements of the stocks of minerals lying at any mine

d) Examine any document, book, register or record in the possession or power of any person having the control of, or connected with any mine and place marks of identification thereon and take extracts from or  make copies of such document, book, register or records.

e)  Order the production of any such document, book, register record.

 

f)   Examine any person having the control of or connected with any mine.  

 

18. G.O. Ms. No. 3026 / Industries Labour and Housing dated 19.07.1966. Section 26 (2) of the Mines and Minerals (Development and Regulation Act) 1957. Powers exercisable by the State Government under Section 22 of the Act shall be exercised by the District Collectors.  To make any complaint to court by the District Collectors on behalf of State / Central Government.
Powers exercisable by the Government under rule 60 of Mineral Concession Rules, 1960 shall be exercisable by the District Collectors To reject the premature application for mining lease / Prospecting Licence / Reconnaissance permit.
Power of Government under Rule 4 and 6 of Mineral Concession Rules, 1960 given to Director of Industries and Commerce.

To receive application for reconnaissance permit under rule 4 of Mineral Concession Rules 1960.

To receive petition for transfer of mining lease from one to another where principal grantee expired and legal heir gets lease.

 

19

Government of India, Ministry of Petroleum and Chemicals and Mines and Metals (Department of Mines and Metals) Letter No. 10 (3) / 69 – M II / dated 30.05.1969.  

Republished by the State Government Gazette Notification in G.O. Ms. No.522 / Industries department dated 16.07.1969.

 

Section 22 of Mines and Minerals (Development and Regulation) Act 1957.

1. Controller of Indian Bureau of Mines.

2. Controller of Mines, Indian Bureau of Mines.

3. Regional Controller of Mines, Indian Bureau of Mines.

4. The Mineral Economist, Indian Bureau of Mines.

 

To prefer complaints in writing  to the court
20 G.O. Ms. No. 2249 / Industries Department, dated 23.09.1971. Rule 9 (2) (d) and 22 (3) of Mineral Concession Rules, 1960. District Collectors. To issue mining dues clearance certificate.
21 G.O. Ms. No. 85 / Industries department dated 21.01.1974. Section 26 (2) of Mines and Minerals (Development and Regulation) Act 1957, Rule 19 and 27 of Mineral Concession Rules, 1960. Tahsildar, Special Tahsildar (Mines), Special Deputy Tahsildar (Mines)

For inspection of area authorized by the State Government.

 

22 G.O. Ms. No. 853 / Industries dated 04.07.1977. Section 26 (2) of Mines and Minerals (Development and Regulations) Act 1957. Additional State Geologist. Subsequently re-designated as Addl. Director of Geology and Mining. Powers exercised by the State Government under rule 4 and 6 of Mineral Concession Rules 1960 being exercised by the Director of Industries and Commerce shall be exercisable also by the Addl. State Geologist of the Directorate of Industries and Commerce.
23 G.O. Ms. No. 1664 / Industries Department dated 08.12.1981. Section 21 (4) of the Mines and Minerals (Development and Regulations) Act 1957. Officers not below the rank of Deputy Tahsildar appointed as Executive Magistrate under Section 20 (1) of Code of Criminal procedure -1973. To exercise the powers conferred under Section 21 (4) of the Mines and Minerals (Development and Regulation) Act 1957 (to effect seizure of mineral and material and machine etc.).
24 G.O.Ms.No.63/ Ind. MMA1 Department dt.11.5.2005 Section 24 (1) of the Mines and Minerals (Development and Regulation) Act 1957.

1.All the District Collectors including Chennai district within their jurisdiction.

2. All the District Revenue Officers, Revenue Divisional Officers and Tahsildars within their jurisdiction.

3.Deputy Director (G&M), Assistant Director (G&M), Assistant Geologist (G&M) and Special Tahsildars (Mines) of the Department of Geology and Mining in the respective districts within their jurisdiction.

4.      Director of Geology and Mining, Addl. Director of Geology and Mining, Joint Directors, Deputy Directors,   Assistant Directors and Assistant Geologists functioning in the Head Office of the Department of Geology and Mining at Chennai shall have the jurisdiction for the whole of Tamil Nadu. 

 

The Government have authorized certain officers to enter and inspect any mine within their respective territories of such state or union territory for the following purposes. 

  1. Collection of royalty and rent.
  2. Prevention illegal extraction of minerals
  3. Enforcement of orders of the State Government to suspend or close mining operation.
  4. Stopping and checking illegal movement of minerals.
  5. In the cases were renewal of prospecting license is applied for ascertaining the necessity thereof.

 

25 G.O. Ms. No.133 / Industries / dated 04.05.1998.   Power delegated to CGM for grant of ML in Patta Lands  
26 G.O. Ms. No. 87 / Industries dated 22.02.2001      
27 G.O. Ms. No. 33 / Industries dated 15.03.2006   State Level Task Force-Constituted  
28 G.O.Ms.No.135/Industries dated 13.11.2009   Reconstitution of Task Forces