Section 21:
Penalties.
1[(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of
section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine
which may extend to five lakh rupees per hectare of the area.
(2) Any rule made under any provision of this Act may provide that any contravention thereof shall
be punishable with imprisonment for a term which may extend to two years or with fine which may
extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional
fine which may extend to fifty thousand rupees for every day during which such contravention continues
after conviction for the first such contravention.]
(3) Where any person trespasses into any land in contravention of the provisions of sub-section (1)
of section 4, such trespasser may be served with an order of eviction by the State Government or any
authority authorised in this behalf by that Government and the State Government or such authorised
authority may, if necessary, obtain the help of the police to evict the trespasser from the land.
2
[(4) Whenever any person raises, transports or causes to be raised or transported, without any
lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or
any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by
an officer or authority specially empowered in this behalf.
(4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be
liable to be confiscated by an order of the court competent to take cognizance of the offence under
sub-section (1) and shall be disposed of in accordance with the directions of such court.]
(5) Whenever any person raises, without any lawful authority, any mineral from any land, the State
Government may recover from such person the mineral so raised, or, where such mineral has already
been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the
case may be, for the period during which the land was occupied by such person without any lawful
authority.
3
[(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence under sub-section (1) shall be cognizable.]4[Explanation.--On and from the date of commencement of the Mines and Minerals (Development
and Regulation) Amendment Act, 2021, the expression "raising,transporting or causing to raise or transport
any mineral without any lawful authority" occurring in this section, shall mean raising, transporting or
causing to raise or transportany mineral by a person without prospecting licence, mining lease or composite
licence 5[exploration licence] or in contravention of the rules made under section 23C.]
Notes:
1. Subs. by Act 10 of 2015, s. 19, for sub-sections (1) and (2) (w.e.f. 12-1-2015).
2. Subs. by Act 38 of 1999, s. 17, for sub-section (4) (w.e.f. 18-12-1999).
3. Ins. by Act 37 of 1986, s. 16 (w.e.f. 10-2-1987).4. Ins. by Act 16 of 2021, s. 20 (w.e.f. 28-3-2021).
5. Ins. by Act 16 of 2023, s. 18 (w.e.f. 17-8-2023).