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Annexure I
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the___ June, 2026.
G.S.R.___(E). — In exercise of the powers conferred by 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 Minerals
(Manner of Holding Inquiry and Appeal) Rules, 2026.
(2) These rules shall come into force on the date of their publication in the Official
Gazette.
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) and (2) of section 25B
of the Act;
(g) “Schedule” means the schedule annexed to these rules; and
(h) “section” means a section of the Act.
(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. Complainant. — An officer not below the rank of the Under Secretary to the
Government of India or of equivalent rank in the State Government, authorised by the
Central Government or the State Government, as the case may be, may file a
complaint in Form 1 to the adjudicating officer regarding any contravention under
section 25A of the Act.
4. Penalty. — The adjudicating officer shall impose civil penalty for an amount as
specified in the Schedule for the contravention under section 25A of the Act.
15. Holding of inquiry. — (1) For the purpose of adjudication of penalties under section
25B of the Act, on receipt of any complaint indicating any contravention under section
25A of the Act, the adjudicating officer shall, issue a notice in Form 2 to such person,
requiring him to show cause within such period as may be specified in the notice (being
not less than seven days from the date of service thereof) 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.
(3) After considering the cause, if any, shown by such person, 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.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded
against or his authorised representative, the contravention committed by such person
and the provision of the Act, in respect of which contravention is alleged to have been
committed.
(5) The adjudicating officer shall, then, give an opportunity to such person and other
necessary persons to produce such documents or evidence under Form 4 as they 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 in taking such evidence the adjudicating officer shall not be bound to
observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) If any person fails, neglects or refuses to appear as required under sub-rule (3)
before the adjudicating officer, the adjudicating officer may proceed with the inquiry in
the absence of such person after recording the reasons for doing so.
(7) If, upon consideration of the evidence produced before the adjudicating officer, the
adjudicating officer is satisfied that the person has committed the contravention, he
shall, having regard to the factors specified rule 6, by order in writing, impose such
penalty under the Act as he considers reasonable for an amount as specified in the
Schedule.
(8) Every order made under sub-rule (7) shall specify the provision of the Act, rules
made thereunder or the terms and condition of mineral concession in respect of which
contravention has been committed and shall contain the reasons for imposing the
penalty.
(9) Every order made under sub-rule (7) shall be dated and signed by the adjudicating
officer.
(10) A copy of the order made under this rule and all other copies of proceedings shall
be supplied free of cost to the person against whom the inquiry was held.
(11) 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.
2(12) 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: —
(i) by delivering or tendering it to that person or his authorized representative;
or
(ii) by sending it to the person through electronic means or by registered post
or speed post 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
(iii) If it cannot be served in the manner specified under clauses (i) or (ii), 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.
6. Factors to be considered while determining quantum of penalty. — The
adjudicating officer, while adjudicating the quantum of penalty within the range
specified in the Schedule, 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) star rating of the mining lease; or
(g) any other relevant factor.
7. Summary disposal. — (1) Notwithstanding anything contained in rules 4 and 5 and
subject to the provisions of this rule, 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 for the
contravention 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 5:
Provided that the provisions of this rule shall not be applicable if such person
commits contravention of the same rule or terms and conditions of the mineral
concession for more than three times.
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 for each day of contravention in the Schedule
till continuation of such contravention;
3(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
following: —
(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 receipt of amount, the adjudicating officer will issue a closure order
and no inquiry shall be initiated or continued against a person in respect of said
contravention.
8. Transfer of complaint. — (1) If the adjudicating officer is of the view or it is made
to appear that he does not have jurisdiction to entertain any complaint under these
rules, he shall transfer the matter to the adjudicating officer concerned within fifteen
days of the receipt of such complaint or information made to him after reasons to be
recorded in writing.
(2) The adjudicating officer to whom such case is transferred shall proceed with the
inquiry from the stage it is transferred to him.
9. Appeal. — (1) Any person aggrieved by an order passed by the adjudicating officer,
may file an appeal under section 25C of the Act to the appellate authority.
(2) A memorandum of appeal shall be presented as per Form 5 within a period of thirty
days from the date of receipt of the order against which the appeal is filed.
(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
authorized in writing, or by registered post or speed post or through electronic means.
(5) The appeal sent by post 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 with a period of seven days thereof.
4(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 registered post or speed post 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 may, after giving the parties to the appeal an opportunity
of being heard, pass such orders as he may consider reasonable.
(11) The appellate authority shall dispose of the appeal within sixty days from the date
of appeal.
10. Extension of time. —The adjudicating officer or the appellate authority may, for
reasons to be recorded in writing, where there is a sufficient cause for the delay or
failure to act, extend any period specified in these rules for filing of complaint, appeal
or other related documents till such period as he considers reasonable.
11. 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.
The Schedule
(see rule 4 and 5(7))
AMOUNT OF CIVIL PENALTY
Part-A. Amount of civil penalty in respect of the holder of mining lease
S. Area of Nature of contravention Amount of Civil Penalty
No. mining
lease
(a) (b) (c) (d)
1 Leased area (i) For contravention of rules (i) ₹2,000/- for each day of
up to 5 or terms and conditions of the contravention, subject to
hectare mineral concession which maximum of ₹2,00,000/-
specify time period of
submission of report or
information and rule 19 of the
Mineral Conservation and
Development Rules, 2017
5(ii) For other contravention not (ii) not less than ₹1,00,000/-
covered under clause (i) which may extend to
₹10,00,000/-
2 Leased area (i) For contravention of rules (i) ₹5,000/- for each day of
more than 5 or terms and conditions of the contravention, subject to
hectare and mineral concession which maximum of ₹5,00,000/-
up to 50 specify time period of
hectare submission of report or
information and rule 19 of the
Mineral Conservation and
Development Rules, 2017
(ii) For other contravention not (ii) not less than ₹2,00,000/-
covered under clause (i) which may extend to
₹20,00,000/-
3 Leased area (i) For contravention of rules (i) ₹10,000/- for each day of
from 50 or terms and conditions of the contravention, subject to
hectare to mineral concession which maximum of ₹10,00,000/-
150 hectare 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 (ii) not less than ₹5,00,000/-
covered under clause (i) which may extend to
₹30,00,000/-
4 Leased area (i) For contravention of rules (i) ₹20,000/- for each day of
more than or terms and conditions of the contravention, subject to
150 hectare mineral concession which maximum of ₹50,00,000/-
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 ₹10,00,000/-
which may extend to
₹50,00,000/-
6Part-B. Amount of civil penalty in respect of the holder of mineral concession
other than mining lease
S. Area of Nature of contravention Amount of Civil Penalty
No. mineral
concession
(a) (b) (c) (d)
1 Area of (i) For contravention of rules (i) ₹5,000 for each day of
mineral or terms and conditions of the contravention, subject to
concession mineral concession which maximum of ₹5,00,000/-
up to 100 specify time period of
hectare submission of report or
information
(ii) For other contravention not (ii) not less than ₹2,00,000/-
covered under clause (i) which may extend to
₹20,00,000/-
2 Area of (i) For contravention of rules (i) ₹10,000 for each day of
mineral or terms and conditions of the contravention, subject to
concession mineral concession which maximum of ₹10,00,000/-
more than specify time period of
100 hectare submission of report or
information
(ii) For other contravention not (ii) not less than ₹5,00,000/-
covered under clause (i) which may extend to
₹30,00,000/-
Part-C. Amount of civil penalty in respect of person not holding a mineral
concession
S. Nature of contravention Amount of Civil Penalty
No.
(a) (b) (c)
1 (i) For contravention of rules (other (i) ₹5,000 for each day of
than rules made under section 18B) contravention, subject to maximum of
which specify time period of ₹30,00,000/-
submission of report or information
(ii) For other contravention not (ii) not less than ₹10,00,000/- which
covered under clause (i) may extend to ₹50,00,000/-
72 (i) For contravention of rules made (i) ₹1,00,000 for each day of
under section 18B which specify time contravention, subject to maximum of
period of submission of report or ₹50,00,000/-
information
(ii) For other contravention not (ii) not less than ₹10,00,000/- which
covered under clause (i) may extend to ₹50,00,000/-
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 5(1)]
To
8………………………
………………………
………………………
SHOW CAUSE NOTICE
Sub: 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 ………………….
FORM 3
[See rule 5(3)]
To
………………………
………………………
………………………
NOTICE FOR APPEARANCE
Sub: 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.
93. In case of failure to appear on the given date, inquiry will be conducted in your
absence.
Adjudicating officer
Date and place ………………….
FORM 4
Furnishing of document or evidence by or on behalf of the contravener
[See rule 5(5)]
To
…………………………
…………………………
………………………
1. I/we ……………………………………………………………………………..
…………………………………………………………………………………………………
………………………………………………………………………………. hereby give a
statement in reference to the show cause notice dated
….………………………………………………………………………………………………
………………………………………………………………………………………………….
2. Complete address including postal index number/code and state along with
mobile number and e-mail:
3. Signature of the contravener or his authorized representative:
4. Name of the person along with mobile number who has signed:
FORM 5
Appeal
[See rule 9(2)]
To
Appellate Authority,
……………………………………..
……………………………………….
1. Particulars of appellant:
(i) Name:
10(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---------------Mines VI]
(…..)
Joint Secretary to the Government of India.
11Annexure II
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,
SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the___ June, 2026
G.S.R.___(E). — In exercise of the powers conferred by clause (m) of sub-
section (2) of section 35 of the Offshore Areas Mineral (Development and Regulation)
Act, 2002 (17 of 2003), the Central Government hereby makes the following rules,
namely:—
1. Short title and commencement. — (1) These rules may be called the Offshore
Areas Mineral (Manner of Holding Inquiry and Appeal) Rules, 2026.
(2) These rules shall come into force on the date of their publication in the Official
Gazette.
2. Definitions. — (1) In these rules, unless the context otherwise requires,—
(a) "Act" means the Offshore Areas Mineral (Development and Regulation) Act,
2002 (17 of 2003);
(b) "adjudicating officer" means an officer appointed under sub-section (3) of
section 28 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 34 of the Act;
(d) "appellate authority" means an officer appointed under sub-section (1) of
section 34 of the Act;
(e) "form" means a form appended to these rules;
(f) “inquiry” means the inquiry referred in sub-section (3) of section 28 of the
Act;
(g) “Schedule” means the schedule annexed to these rules; and
(h) “section” means a section of the Act.
(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. Complainant.— An officer not below the rank of Under Secretary to the
Government of India authorised by the Central Government may file a complaint in
Form 1 to the adjudicating officer regarding any contravention or failure under sub-
section (1) of section 28 of the Act.
14. Penalty.— The adjudicating officer shall impose civil penalty for an amount as
specified in the Schedule for the contravention or failure under in sub-section (1) of
28 of the Act.
5. Holding of inquiry.— (1) For the purpose of adjudication of penalties under section
28 of the Act, on receipt of any complaint indicating any contravention or failure by a
person, the adjudicating officer shall, issue a notice in Form 2 to such person, requiring
him to show cause within such period as may be specified in the notice (being not less
than seven days from the date of service thereof) why an inquiry should not be held
against him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention or failure
alleged to have been committed.
(3) After considering the cause, if any, shown by such person, 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.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded
against or his authorised representative, the contravention or failure committed by
such person and the provision of the Act, in respect of which contravention or failure
is alleged to have been committed.
(5) The adjudicating officer shall, then, give an opportunity to such person and other
necessary persons to produce such documents or evidence under Form 4 as they 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 in taking such evidence the adjudicating officer shall not be bound to
observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of 2023).
(6) If any person fails, neglects or refuses to appear as required under sub-rule (3)
before the adjudicating officer, the adjudicating officer may proceed with the inquiry in
the absence of such person after recording the reasons for doing so.
(7) If, upon consideration of the evidence produced before the adjudicating officer, the
adjudicating officer 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 such penalty under the Act as he considers reasonable for an amount as
specified in the Schedule.
(8) Every order made under sub-rule (7) shall specify the provision of the Act, rules
made thereunder or the terms and condition of operating right in respect of which
contravention has been committed and shall contain the reasons for imposing the
penalty.
(9) Every order made under sub-rule (7) shall be dated and signed by the adjudicating
officer.
(10) A copy of the order made under this rule and all other copies of proceedings shall
be supplied free of cost to the person against whom the inquiry was held.
2(11) 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.
(12) 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: —
(i) by delivering or tendering it to that person or his authorized representative;
or
(ii) by sending it to the person through electronic means or by registered post
or speed post 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
(iii) If it cannot be served in the manner specified under clauses (i) or (ii), 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.
6. Factors to be considered while determining quantum of penalty. — The
adjudicating officer, while adjudicating the quantum of penalty within the range
specified in the Schedule, 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 operating right;
(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; or
(f) any other relevant factor.
7. Summary disposal. — (1) Notwithstanding anything contained in rules 4 and 5 and
subject to the provisions of this rule, no inquiry shall be initiated or continued against
a person in respect of a contravention under section 28 of the Act, if such person
makes payment of the minimum amount specified in the Schedule for the
contravention and rectify the contravention of the rules or terms and conditions of the
operating right, either before initiation or during any stage of inquiry under rule 5:
Provided that the provisions of this rule shall not be applicable if such person
commits contravention of the same rule or terms and conditions of the operating right
for more than three times.
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 operating right
which specify time period of submission of report or information, aggregate of the
3amount specified for each day of contravention in the Schedule 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
following: —
(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 receipt of amount, the adjudicating officer will issue a closure order
and no inquiry shall be initiated or continued against a person in respect of said
contravention.
8. Transfer of complaint. — (1) If the adjudicating officer is of the view or it is made
to appear that he does not have jurisdiction to entertain any complaint under these
rules, he shall transfer the matter to the adjudicating officer concerned within fifteen
days of the receipt of such complaint or information made to him after reasons to be
recorded in writing.
(2) The adjudicating officer to whom such case is transferred shall proceed with the
inquiry from the stage it is transferred to him.
9. Appeal. — (1) Any person aggrieved by an order passed by the adjudicating officer,
may file an appeal under sub section (1) of section 34 of the Act to the appellate
authority.
(2) A memorandum of appeal shall be presented as per Form 5 within a period of thirty
days from the date of receipt of the order against which the appeal is filed.
(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
authorized in writing, or by registered post or speed post or through electronic means.
(5) The appeal sent by post 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
4about 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 with 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 registered post or speed post 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 may, after giving the parties to the appeal an opportunity
of being heard, pass such orders as he may consider reasonable.
(11) The appellate authority shall dispose of the appeal within sixty days from the date
of appeal.
10. 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, extend any period specified in these rules for filing of complaint, appeal
or other related documents till such period as he considers reasonable.
11. 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.
The Schedule
(see rule 4 and 5(7))
AMOUNT OF CIVIL PENALTY
Part-A. Amount of civil penalty in respect of production lease
S. Area of Nature of contravention Amount of Civil Penalty
No. production
lease
(a) (b) (c) (d)
1 Upto 25 (i) For contraventions of Act, (i) ten lakh rupees for each
standard rules or terms and conditions day of contravention, subject
blocks of the operating right which to maximum of fifty lakh
specify time period of rupees.
submission of report, data,
information or document.
5(ii) For other contraventions (ii) not less than ten lakh
rupees which may extend to
fifty lakh rupees.
2 more than 25 (i) For contraventions of rules (i) ten lakh rupees for each
standard or terms and conditions of the day of contravention, subject
block operating right which specify to maximum of one crore
time period of submission of rupees.
report, data, information or
document
(ii) For other contraventions
(ii) not less than seventy-five
lakh rupees which may
extend to one crore rupees.
Part-B. Amount of civil penalty in respect of operating right other than
production lease
S. Area of Nature of contravention Amount of Civil Penalty
No. operating
right
1 Upto 25 (i) For contraventions of rules (i) ten lakh rupees for each
standard or terms and conditions of the day of contravention, subject
block operating right which specify to maximum of fifty lakh
time period of submission of rupees
report, data, information or
document
(ii) For other contraventions (ii) not less than ten lakh
rupees which may extend to
fifty lakh rupees.
2 more than 25 (i) For contraventions of rules (i) ten lakh rupees for each
standard or terms and conditions of the day of contravention, subject
block operating right which specify to maximum of one crore
time period of submission of rupees.
report, data, information or
document
(ii) For other contraventions (ii) not less than seventy-five
lakh rupees which may
extend to one crore rupees.
6Part-C. Amount of civil penalty in respect contravention of rules by the persons
not holding an operating right
S. Nature of contravention Amount of Civil Penalty
No.
1 (i) For contraventions of rules which (i) ten lakh rupees for each day of
specify time period of submission of contravention, subject to maximum of
report or information one crore rupees.
(ii) For other contraventions
(ii) not less than seventy-five lakh
rupees which may extend to one
crore rupees.
FORM 1
(See rule 3)
To,
The Adjudicating Officer
…………………………..
1. Particular of complainant:-
(a) Name:
(b) Address for service:
(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 damage (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 Signature of the Complainant:
7Note- Strike out whichever is not applicable.
FORM 2
[See sub-rule (1) of rule 5]
To
………………………
………………………
………………………
SHOW CAUSE NOTICE
Sub: Contravention of the Offshore Areas Mineral (Development and
Regulation) Act, 2002.
Sir/Madam,
As per intimation …….. dated (copy enclosed), a contravention has been
committed under ………………section of the Offshore Areas Mineral (Development
and Regulation) Act, 2002 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 28 of the Offshore Areas Mineral
(Development and Regulation) Act, 2002 for imposition of penalty. In case, no reply is
received within the given period, further action shall be taken under the said Act.
Adjudicating officer
Date and place ………………….
FORM 3
[See sub-rule (3) of rule 5]
To
………………………
………………………
………………………
NOTICE FOR APPEARANCE
Sub: Contravention under section 28 of the Offshore Areas Mineral
(Development and Regulation) Act, 2002.
Sir/Madam,
8Show 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 28 of the
Offshore Areas Mineral (Development and Regulation) Act, 2002.
3. In case of failure to appear on the given date, inquiry will be conducted in your
absence.
Adjudicating officer
Date and place ………………….
FORM 4
Furnishing of document or evidence by or on behalf of the contravener
[See sub-rule (5) of rule 5]
To
…………………………
…………………………
………………………
1. I/we ……………………………………………………………………………..
…………………………………………………………………………………………………
………………………………………………………………………………. hereby give a
statement in reference to the show cause notice dated
….………………………………………………………………………………………………
………………………………………………………………………………………………….
2. Complete address including postal index number/code and state along with
mobile number and e-mail:
3. Signature of the contravener or his authorized representative:
4. Name of the person along with mobile number who has signed:
FORM 5
Appeal
[See sub-rule (2) of rule 9]
9To
Appellate Authority,
……………………………………..
……………………………………….
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---------------Mines VI]
(…..)
Joint Secretary to the Government of India.
10Annexure III
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the …June, 2026.
G.S.R…..(E).— In exercise of the powers conferred by section 18 of the
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the
Central Government hereby makes the following rules further to amend the Mineral
Conservation and Development Rules, 2017, namely:—
1. Short title and commencement.— (1) These rules may be called the Mineral
Conservation and Development (Second Amendment) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Mineral Conservation and Development Rules, 2017 (hereinafter referred to
as the said rules), in rule 27, —
(i) in sub-rule (2), after the words “bank guarantee”, the words “or insurance
surety bond” shall be inserted;
(ii) in sub-rule (6), after the words “bank guarantee”, the words “or insurance
surety bond” shall be inserted.
3. In the said rules, in rule 35, —
(i) sub-rule (4B) shall be omitted;
(ii) in proviso to sub-rule (5), the brackets and figure “(4B)” shall be omitted.
4. In the said rules, in rule 45, —
(i) in sub-rule (7), in clause (a), for the sub-cluse (ii), the following sub-clause
shall be substituted, namely: —
“(ii) take action to initiate adjudication of penalty for contravention of rule
in accordance with the Minerals (Manner of Holding Inquiry and Appeal)
Rules, 2026;”;(ii) in sub-rule (7A), —
(a) in clause (ii), in sub-clause (a), for the words “such amount as
specified in Schedule II”, the words “penalty in accordance with the
Minerals (Manner of Holding Inquiry and Appeal) Rules, 2026” shall be
substituted;
(b) in clause (iii), for the words “such amount as specified in Schedule II”,
the words “penalty in accordance with the Minerals (Manner of Holding
Inquiry and Appeal) Rules, 2026” shall be substituted.
5. In the said rules, for rule 62, the following rule shall be substituted, namely: —
“62. Penalty. — Any contravention of these rules shall be liable to penalty in
accordance with sections 25A and 25B and the Minerals (Manner of Holding
Inquiry and Appeal) Rules, 2026.”.
6. In the said rules, Schedule II and Schedule III shall be omitted.
[M.VI-…… -Mines VI]
(……)
Joint Secretary to the Government of India.
Note.— The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 169(E), dated the 27th February,
2017 and were subsequently amended as follows: –
1. G.S.R. 289(E), dated the 27th March, 2018;
2. G.S.R. 570(E), dated the 13th August, 2019;
3. G.S.R. 780(E), dated the 3rd November, 2021;
4. G.S.R. 294(E), dated the 11th April, 2022;
5. G.S.R. 51(E), dated the 21st January, 2024; and
6. G.S.R. 232(E), dated the 16th April, 2025.
2Annexure IV
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the …June, 2026.
G.S.R…..(E).— In exercise of the powers conferred by section 13 of the
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the
Central Government hereby makes the following rules further to amend the Minerals
(Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016,
namely:—
1. Short title and commencement. — (1) These rules may be called the Minerals
(Other than Atomic and Hydro Carbons Energy Minerals) Concession (Fourth
Amendment) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Minerals (Other than Atomic and Hydro Carbons Energy Minerals)
Concession Rules, 2016, (hereinafter referred to as the said rules), rule 34 shall be
omitted.
3. In the said rules, for rule 54, the following rule shall be substituted, namely: —
“54. Penalty. — Any contravention of these rules shall be liable to penalty in
accordance with sections 25A and 25B and the Minerals (Manner of Holding
Inquiry and Appeal) Rules, 2026.”.
4. In the said rules, Schedule XII shall be omitted.
[M.VI-____-Mines VI]
(……)
Joint Secretary to the Government of India.
Note.— The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 279(E), dated the 4th March,
2016 and were subsequently amended as follows: –1. G.S.R. 1120(E), dated the 8th December, 2016;
2. G.S.R. 674(E), dated the 20th September, 2019;
3. G.S.R. 191(E), dated the 20th March, 2020;
4. G.S.R. 209(E), dated the 24th March, 2021;
5. G.S.R. 254(E), dated the 8th April, 2021;
6. G.S.R. 397(E), dated the 10th June, 2021;
7. G.S.R. 775(E), dated the 2nd November, 2021;
8. G.S.R. 205(E), dated the 15th March, 2022;
9. G.S.R. 737(E), dated the 12th October, 2023;
10. G.S.R. 50(E), dated the 21st January, 2024;
11. G.S.R. 118(E), dated the 20th February, 2024;
12. G.S.R. 486(E), dated the 21st July, 2025;
13. G.S.R. 22(E), dated the 12th January, 2026;
14. G.S.R. 222(E), dated the 30th March, 2026; and
15. G.S.R. 271 (E), dated the 10th April, 2026.
2Annexure V
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the …June, 2026.
G.S.R…..(E).— In exercise of the powers conferred by section 11B of the
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the
Central Government hereby makes the following rules further to amend the Atomic
Minerals Concession Rules, 2016, namely:—
1. Short title and commencement. — (1) These rules may be called Atomic
Minerals Concession (Amendment) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Atomic Minerals Concession Rules, 2016, for rule 37, the following rule
shall substituted, namely: —
“37. Penalty. — Any contravention of these rules shall be liable to penalty in
accordance with sections 25A and 25B and the Minerals (Manner of Holding
Inquiry and Appeal) Rules, 2026.”.
[M.VI-____-Mines VI]
(……)
Joint Secretary to the Government of India.
Note.— The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 677(E), dated the 11th July,
2016 and were subsequently amended as follows: –
1. G.S.R. 126(E), dated the 19th February, 2019;
2. G.S.R. 134(E), dated the 20th February, 2019;
3. G.S.R. 693(E), dated the 5th November, 2020;
4. G.S.R. 682(E), dated the 22nd September, 2023; and
5. G.S.R. 106(E), dated the 14th February, 2024.Annexure VI
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the …June, 2026.
G.S.R…..(E).— In exercise of the powers conferred by section 35 of the
Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003), the
Central Government hereby makes the following rules further to amend the Offshore
Areas Mineral Conservation and Development Rules, 2024, namely:—
1. Short title and commencement. — (1) These rules may be called the Offshore
Areas Mineral Conservation and Development (Amendment) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Offshore Areas Mineral Conservation and Development Rules, 2024
(hereinafter referred to as the said rules), in rule 48, —
(i) in sub-rule (4), for the clause (ii), the following clause shall be substituted,
namely: —
“(ii) take action to initiate adjudication of penalty for contravention of rule
in accordance with the Offshore Areas Mineral (Manner of Holding
Inquiry and Appeal) Rules, 2026;”;
(ii) in sub-rule (5), —
(a) in clause (ii), in sub-clause (a), for the words “such amount as
specified in the Second Schedule”, the words “penalty in accordance with
the Offshore Areas Mineral (Manner of Holding Inquiry and Appeal)
Rules, 2026” shall be substituted;
(b) in clause (iii), for the words “such amount as specified in the Second
Schedule”, the words “penalty in accordance with the Offshore Areas
Mineral (Manner of Holding Inquiry and Appeal) Rules, 2026” shall be
substituted.3. In the said rules, for rule 60, the following rule shall be substituted, namely: —
“60. Penalty. — Any contravention of these rules shall be liable to penalty in
accordance with section 28 and the Offshore Areas Mineral (Manner of Holding
Inquiry and Appeal) Rules, 2026.”.
4. In the said rules, the Second Schedule and Third Schedule shall be omitted.
[M.VI-…… -Mines VI]
(……)
Joint Secretary to the Government of India.
Note.— The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 791(E), dated the 31st
December, 2024.
2Annexure VII
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the …June, 2026.
G.S.R…..(E).— In exercise of the powers conferred by section 35 of the
Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003), the
Central Government hereby makes the following rules further to amend the Offshore
Areas Operating Right Rules, 2024, namely:—
1. Short title and commencement. — (1) These rules may be called the Offshore
Areas Operating Right (Amendment) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Offshore Areas Operating Right Rules, 2024, for rule 32, the following rule
shall be substituted, namely: —
“32. Penalty. — Any contravention of these rules shall be liable to penalty in
accordance with section 28 and the Offshore Areas Mineral (Manner of Holding
Inquiry and Appeal) Rules, 2026.”.
[M.VI-____-Mines VI]
(……)
Joint Secretary to the Government of India.
Note.— The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 646(E), dated the 16th October,
2024.Annexure VIII
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART
II, SECTION 3, SUB-SECTION (i)]
GOVERNMENT OF INDIA
MINISTRY OF MINES
NOTIFICATION
New Delhi, the …June, 2026.
G.S.R…..(E).— In exercise of the powers conferred by section 35 of the
Offshore Areas Mineral (Development and Regulation) Act, 2002 (17 of 2003), the
Central Government hereby makes the following rules further to amend the Offshore
Areas Atomic Minerals Operating Rights Rules, 2025, namely:—
1. Short title and commencement. — (1) These rules may be called the Offshore
Areas Atomic Minerals Operating Rights (Amendment) Rules, 2026.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Offshore Areas Atomic Minerals Operating Rights Rules, 2025, for rule 38,
the following rule shall substituted, namely: —
“38. Penalty. — Any contravention of these rules shall be liable to penalty in
accordance with section 28 and the Offshore Areas Mineral (Manner of Holding
Inquiry and Appeal) Rules, 2026.”.
[M.VI-____-Mines VI]
(……)
Joint Secretary to the Government of India.
Note.— The principal rules were published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i) vide number G.S.R. 468(E), dated the 14th July,
2025.