Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-31072026-275003
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 620]
NEW DELHI, THURSDAY, JULY 30, 2026/SHRAVAN 8, 1948
MINISTRY OF MINES
NOTIFICATION
New Delhi, the 30th July, 2026
G.S.R. 682(E). — In exercise of the powers conferred by clauses (a) and (b) of sub-section (2) of section 25D
of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby
makes the following rules, namely:
1. Short title and commencement. — (1) These rules may be called the Mines and Minerals Adjudication of Penalties
Rules, 2026.
(2) These rules shall come into force on the 1st day of August, 2026.
2. Definitions. — (1) In these rules, unless the context otherwise requires, —
(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);
(b) "adjudicating officer" means an officer appointed under sub-section (1) or (2) of section 25B of the Act, as
the case may be;
(c) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal before the
appellate authority under sub-section (1) of section 25C of the Act;
(d) "appellate authority" means an officer appointed under sub-section (1) of section 25C of the Act;
(e) "form" means a form appended to these rules;
(f) "inquiry" means the inquiry referred in sub-section (1) or (2) of section 25B of the Act; and
(g) "Schedule” means the schedule annexed to these rules.
(2) The words and expressions used in these rules and not defined, but defined in the Act, shall have the same meanings
respectively assigned to them in the Act.
3. Complaint. — A gazetted officer authorised by the Central Government or the State Government, as the case may
be, may file a complaint in Form 1, through electronic form or speed post with registration and proof of delivery or by
hand, to the adjudicating officer regarding any contravention under section 25A of the Act within a period of three years
from date of such contravention.
Explanation. - For the purposes of this rule, clause (b) of sub-rule (11) of rule 4 and rule 11 "electronic form" shall have
the same meaning as assigned to it in clause (r) of sub-rule (1) of section 2 of the Information Technology Act, 2000
(21 of 2000).
4. Holding of inquiry. — (1) On receipt of any complaint under rule 3, the adjudicating officer shall, issue a notice in
Form 2 to the person alleged to have been committed the contravention, requiring him to show cause, within such period
as may be specified in the notice (being not less than fifteen days from the date of service thereof), as to why an inquiry
should not be held against him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed by him.
(3) On receipt of the reply submitted by such person, if the adjudicating officer is of the opinion that an inquiry should
be held, he shall issue a notice in Form 3 requiring the appearance of the person proceeded against and such other
persons as may be necessary personally or through a representative duly authorised by him on such date as may be fixed
in the notice:
Provided that the appearance shall be allowed through video conference.
(4) On the date fixed for hearing, the adjudicating officer shall explain to the person proceeded against or his authorised
representative, the contravention alleged to have committed by him and the provision of the Act.
(5) The adjudicating officer shall give an opportunity to such person and other necessary persons to produce documents
or evidence as he may consider relevant to the inquiry and if necessary, the hearing may be adjourned to a future date
(not later than fifteen days from the first date and up to a maximum of three dates) and while taking such evidence the
adjudicating officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person concerned, if
any person fails, neglects or refuses to appear before the adjudicating officer, he may proceed with the inquiry in the
absence of such person after recording the reasons for doing so.
(7) If the adjudicating officer, upon consideration of the evidence produced before him, is satisfied that the person has
committed the contravention or the failure, he shall, having regard to the factors specified in rule 6, by order in writing,
impose civil penalty as specified in the Schedule.
(8) Every order made under sub-rule (7) shall specify the provisions of the Act, rules made thereunder or the terms and
conditions of mineral concession, in respect of which contravention has been committed and shall specify the reasons
for imposing the penalty.
(9) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost to the
complainant and the person against whom the inquiry was held.
(10) The adjudicating officer shall complete the proceeding within six months from the issuance of the notice to the
person against whom the inquiry was held.
(11) A notice or an order issued under these rules shall be served on the person against whom an inquiry is held, in any
of the following manner, namely:
(a) by delivering or tendering it to that person or his authorised representative; or
(b) by sending it to the person through electronic form or by speed post with registration and proof of delivery
to the address of his place of residence or his last known place of residence or the place where he carried on or
last carried on, business or personally works or last worked for gain; or
(c) if it cannot be served in the manner specified under clauses (a) or (b), by affixing it on the outer door or
some other conspicuous part of the premises in which that person resides or is known to have last resided or
carried on business or personally works or has worked for gain.
5. Factors to be considered while determining quantum of penalty. - The adjudicating officer, while adjudicating
the quantum of penalty, shall have due regard to all or any of the following factors, namely:
(a) quantum of deviation or contravention from the standard provided under the rules or terms and conditions
of the mineral concession;
(b) undue gain or benefit derived out of contravention and its amount, wherever quantifiable;
(c) repetitive nature or frequency of the contravention;
(d) duration of contravention;
(e) past compliance record of the person proceeded against;
(f) whether the contravention is procedural, technical or substantive;
(g) whether the contravention was promptly rectified;
(h) whether the contravention could lead to any environmental damage, safety risk, public loss or financial loss
to the Government;
(i) condonation of delay due to downtime or technical failure of Government portals; or
(j) any other relevant factor.
6. Summary disposal. — (1) Notwithstanding anything contained in rules 4, no inquiry shall be initiated or continued
against a person in respect of a contravention under section 25A of the Act, if such person makes payment of the
minimum amount specified in the Schedule and rectify the contravention of the rules or terms and conditions of the
mineral concession, either before initiation or during any stage of inquiry under rule 4:
Provided that the provisions of this rule shall not be applicable if a person commits contravention of the same
rule or terms and conditions of the mineral concession for more than three times within a period of five years.
Explanation. For the purpose of this sub-rule, “minimum amount specified in the Schedule" shall mean,
(a) in case of contravention of rules or terms and conditions of mineral concession which specify time period of
submission of report or information, aggregate of the amount specified in the Schedule for each day till
continuation of such contravention;
(b) in case of other contravention, the minimum amount specified in the range of amount specified in the
Schedule.
(2) For the purpose of sub-rule (1), the person who has made a contravention shall file an application to the adjudicating
officer in the form of an affidavit specifying the
(a) details of contravention for which the application is being filed along with notice received regarding the
contravention, if any;
(b) details of subsequent rectification of the contravention along with a copy of document in support of the same;
and
(c) undertaking to deposit the amount under sub-rule (1).
(3) The adjudicating authority shall within fifteen days of the receipt of the application under sub-rule (2), intimate the
applicant to deposit the amount under sub-rule (1).
(4) The applicant shall deposit the amount within fifteen days of the intimation under sub-rule (3) and on verification of
deposit of amount, the adjudicating officer shall issue a closure order within seven days and no inquiry shall be initiated
or continued against a person in respect of said contravention.
7. Transfer of complaint. — (1) If the adjudicating officer is of the view or it is made to appear that he does not have
authority to entertain the complaint, he shall transfer it to the adjudicating officer concerned within fifteen days of the
receipt of such complaint made to him, after reasons to be recorded in writing, under intimation to the complainant.
(2) The adjudicating officer to whom such case is transferred shall proceed with the inquiry from the stage it is
transferred to him.
8. Appeal. - (1) Any person aggrieved by an order passed by the adjudicating officer, may file an appeal to the appellate
authority in Form 4 within 30 days from the date of receipt of the order against which the appeal is filed.
(2) No appeal shall be entertained unless the appellant has deposited with the appellate authority ten per cent. of the
amount of penalty imposed by the adjudicating officer.
(3) The appeal shall be accompanied by a copy of order of adjudicating officer and a statement of facts appealed against,
the grounds for appeal and the relevant section of the Act.
(4) The appeal may be filed by the appellant in person or by his representative duly authorised in writing, or speed post
with registration and proof of delivery or through electronic means.
(5) The appeal sent shall be deemed to have been filed to the appellate authority on the day it is received.
(6) If on scrutiny, the appeal is found to be in order, it shall be admitted and in case the appeal is found to be defective,
the appellate authority shall intimate the appellant about the defects and allow him to rectify the defects within fifteen
days and if the appellant fails to rectify such defects within the time period, the appellate authority may by order and
for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant
within a period of seven days thereof.
(7) On admission of the appeal, the appellate authority shall serve a copy of appeal to respondent along with a notice
requiring him to file his reply thereto, within such period, not exceeding thirty days, as may be stipulated by the appellate
authority in the said notice.
(8) The notice may be served by hand or by speed post with registration and proof of delivery or through electronic
means.
(9) The appellate authority may call for the records relating to the proceedings from the adjudicating officer.
(10) The appellate authority shall, after giving the parties to the appeal an opportunity of being heard, pass a reasoned
order.
(11) The appellate authority shall dispose of the appeal within sixty days from the date of appeal.
(12) In case of reduction or setting aside of the penalty, any excess amount deposited under sub-rule (2) shall be refunded
within sixty days of the order of appellate authority.
9. Extension of time. —The adjudicating officer or the appellate authority may, for reasons to be recorded in writing,
where there is a reasonable cause for the delay or failure to act or evidence of downtime or technical failure of
Government portals, extend any period specified in these rules for filing of complaint, appeal or other related documents
till such period as he considers reasonable, subject to maximum ninety days.
10. Order and deposit of penalties. — (1) Every order under these rules, shall be dated, signed and communicated to
all the parties.
(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India or the
Consolidated Fund of the State, as the case may be.
11. Online electronic facility. - The Central Government and the State Government shall carry out the purposes of,
and enforce compliance with, these rules through electronic form, including the following, namely:
(a) issuance of notice and other communications;
(b) submission or filing of complaint, application, reply, appeal and such other document;
(c) conduct of virtual hearing by adjudicating officer and appellate authority;
(d) display of status of the cases before the adjudicating officer and appellate authority;
(e) uploading of orders of adjudicating officer and appellate authority; and
(f) payment of penalty and other amounts.
The Schedule
(See rule 4 (7))
Amount of penalty
Part-A. Amount of civil penalty in respect of the holder of mining lease of mineral
+-------+-------------------+---------------------------------------------------------+-------------------------------------------------------------+
| Sl. No.| Area of | Nature of contravention. | Amount of civil penalty. |
| | mining lease. | | |
+=======+===================+=========================================================+=============================================================+
| (1) | (2) | (3) | (4) |
+-------+-------------------+---------------------------------------------------------+-------------------------------------------------------------+
| 1. | Leased area up | (i) For contravention of rules or terms | (i) ₹500/- for each day of contravention, |
| | to 5 hectares. | and conditions of the mineral | subject to maximum of ₹25,000/-. |
| | | concession which specify time period | |
| | | of submission of report or information | |
| | | and rule 19 of the Mineral Conservation | |
| | | and Development Rules, 2017. | |
| | +---------------------------------------------------------+-------------------------------------------------------------+
| | | (ii) For other contravention not covered | (ii) not less than ₹2,000 per hectare which |
| | | under clause (i). | may extend to ₹10,000 per hectare. |
+-------+-------------------+---------------------------------------------------------+-------------------------------------------------------------+
| 2. | Leased area | (i) For contravention of rules or terms | (i) ₹1,000/- for each day of contravention, |
| | more than 5 | and conditions of the mineral | subject to maximum of ₹1,00,000/-. |
| | hectares and up | concession which specify time period | |
| | to 50 hectares. | of submission of report or information | |
| | | and rule 19 of the Mineral Conservation | |
| | | and Development Rules, 2017. | |
| | +---------------------------------------------------------+-------------------------------------------------------------+
| | | (ii) For other contravention not covered | (ii) not less than ₹3,000 per hectare which |
| | | under clause (i). | may extend to ₹15,000 per hectare. |
+-------+-------------------+---------------------------------------------------------+-------------------------------------------------------------+
| 3. | Leased area | (i) For contravention of rules or terms | (i) ₹2,000/- for each day of contravention, |
| | more than 50 | and conditions of the mineral | subject to maximum of ₹2,00,000/-. |
| | hectares and up | concession which specify time period | |
| | to 150 hectares. | of submission of report or information | |
| | | and rule 19 of the Mineral Conservation | |
| | | and Development Rules, 2017 | |
| | +---------------------------------------------------------+-------------------------------------------------------------+
| | | (ii) For other contravention not covered | (ii) not less than ₹4,000 per hectare which |
| | | under clause (i) | may extend to ₹20,000 per hectare. |
+-------+-------------------+---------------------------------------------------------+-------------------------------------------------------------+
| 4. | Leased area | (i) For contravention of rules or terms | (i) ₹3,000/- for each day of contravention, |
| | more than 150 | and conditions of the mineral | subject to maximum of ₹3,00,000/-. |
| | hectares. | concession which specify time period | |
| | | of submission of report or information | |
| | | and rule 19 of the Mineral Conservation | |
| | | and Development Rules, 2017. | |
| | +---------------------------------------------------------+-------------------------------------------------------------+
| | | (ii) For other contravention. | (ii) not less than ₹5,000 per hectare which |
| | | | may extend to ₹25,000 per hectare, |
| | | | subject to maximum of ₹50,00,000/-. |
+-------+-------------------+---------------------------------------------------------+-------------------------------------------------------------+
Part-B. Amount of civil penalty in respect of the holder of prospecting licence, composite licence and exploration
licence of mineral.
+--------+----------------------------+---------------------------------------------------------+-------------------------------------------------------------+
| Sl. No.| Area of mineral | Nature of contravention. | Amount of civil penalty. |
| | concession. | | |
+========+============================+=========================================================+=============================================================+
| (1) | (2) | (3) | (4) |
+--------+----------------------------+---------------------------------------------------------+-------------------------------------------------------------+
| 1. | Area of mineral | (i) For contravention of rules or terms and | (i) ₹1,000/- for each day of contravention, |
| | concession up to | conditions of the mineral concession | subject to maximum of ₹1,00,000/-. |
| | 100 hectares. | which specify time period of submission | |
| | | of report or information. | |
| | +---------------------------------------------------------+-------------------------------------------------------------+
| | | (ii) For other contravention not covered | (ii) not less than ₹3,000 per hectare which |
| | | under clause (i). | may extend to ₹15,000 per hectare. |
+--------+----------------------------+---------------------------------------------------------+-------------------------------------------------------------+
| 2. | Area of mineral | (i) For contravention of rules or terms and | (i) ₹2,000/- for each day of contravention, |
| | concession more than | conditions of the mineral concession | subject to maximum of ₹2,00,000/-. |
| | 100 hectares. | which specify time period of submission | |
| | | of report or information. | |
| | +---------------------------------------------------------+-------------------------------------------------------------+
| | | (ii) For other contravention not covered | (ii) not less than ₹4,000 per hectare which |
| | | under clause (i). | may extend to ₹20,000 per hectare, |
| | | | subject to maximum of ₹50,00,000/-. |
+--------+----------------------------+---------------------------------------------------------+-------------------------------------------------------------+
Part-C. Amount of civil penalty in respect of person not holding a mineral concession
+--------+-------------------------------------------------------------+-------------------------------------------------------------+
| Sl. No.| Nature of contravention. | Amount of civil penalty. |
+========+=============================================================+=============================================================+
| (1) | (2) | (3) |
+--------+-------------------------------------------------------------+-------------------------------------------------------------+
| 1. | For contravention of rules (other than rules made | ₹5,000 for each day of contravention, subject to |
| | under section 18B of the Act) which specify time | maximum of ₹5,00,000/- |
| | period of submission of report or information. | |
+--------+-------------------------------------------------------------+-------------------------------------------------------------+
| 2. | (i) For contravention of rules made under section | (i) ₹1,00,000 for each day of contravention, subject |
| | 18B of the Act which specify time period of | to maximum of ₹50,00,000/-. |
| | submission of report or information. | |
| | (ii) For other contravention not covered under | |
| | clause (i). | (ii) not less than ₹10,00,000/- which may extend to |
| | | ₹25,00,000/-. |
+--------+-------------------------------------------------------------+-------------------------------------------------------------+
Note. — For the purpose of this Schedule, civil penalty in respect of minor minerals may be notified by the State
Government.
Form 1
(See rule 3)
To,
The Adjudicating Officer
....................................................
....................................................
1. Particular of complainant: -
(a) Name:
(b) Address:
(c) Contact No.
(d) Email (for service):
2. Particulars of complaint: -
(a) Date, time and instance of commission of alleged contravention:
(b) Statement of contravention setting out all relevant material particulars:
(c) Evidence in support of the statement:
(d) Tentative amount of penalty (in pecuniary terms) with cost break-up.
I/We...............the complainant..............herein declare that the facts stated herein are correct to the best of my/our
knowledge.
3. Name and designation of the complainant:
.................................................... Signature.
Note- Strike out whichever is not applicable.
Form 2
[See rule 4 (1)]
To
....................................................
....................................................
Show cause notice
Subject: - Contravention under section 25A of the Mines and Minerals (Development and Regulation) Act, 1957.
Sir/Madam,
As per intimation .............dated (copy enclosed), a contravention has been reported under ........................section
of the Mines and Minerals (Development and Regulation) Act, 1957 at ..........................
2. The above contravention is liable for penalty. Therefore, you are required to show cause within a period of
........................days of service of this notice, why an inquiry should not be initiated against you under section 25A of the
Mines and Minerals (Development and Regulation) Act, 1957 for imposition of penalty.
3. In case, no reply is received within the given period, further action shall be taken under the said Act.
Adjudicating officer
Date and place ........................
To
....................................................
....................................................
Form 3
[See rule 4 (3)]
Notice for appearance
Subject: - Contravention under section 25A of the Mines and Minerals (Development and Regulation) Act, 1957.
Sir/Madam,
Show cause notice number .... dated .... may be referred to.
2. After preliminary examination, I am of the opinion that enquiry should be held against you for the contravention
specified in the said show cause notice. Therefore, you are required to appear before the undersigned personally or
through representative on dated......, for inquiry initiated against you under section 25A of the Mines and Minerals
(Development and Regulation) Act, 1957.
3. In case of failure to appear on the given date, inquiry will be conducted in your absence.
Adjudicating officer
Date and place ........................
To
Appellate Authority,
....................................................
....................................................
Form 4
Appeal
[See rule 8 (1)]
1. Particulars of appellant:
(i) Name:
(ii) Address for correspondence:
(iii) Contact number:
(iv) Email:
2. Grounds of appeal:
(A copy of order of adjudicating officer to be enclosed)
3. Date of order of the adjudicating officer:
4. Statement of facts:
I/We........., the appellant hereby declare that the facts stated herein above are correct to the best of my/our
knowledge, information and belief.
5. Signature of appellant and date:
6. Name of appellant:
....................................................
[F. No. M.VI -16/51/2026-Mines VI ]
KULVEER SINGH YADAV, Jt. Secy.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. SARVESH KUMAR
SRIVASTAVA
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