It appears that Section 23 C(1)&(2) of MMDR Act, 1957 delegates power to the State Government to make rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected therewith. The powers conferred under the said provision led to making of Jharkhand Minerals Dealers Rules, 2007 to regulate mining, transportation, storage of minerals and minerals product. Section 22 of the MMDR Act deals with cognizance of offence, which provides that no court shall take cognizance of any offence punishable under this Act or any rules made thereunder except upon complaint in writing made by a person authorized in this behalf by the Central Government or the State Government. Since Jharkhand Minerals Dealers Rules, 2007 has been made pursuant to the powers conferred by it under section 23 C(1)&(2) of MMDR Act, 1957 as a natural corollary, Section 22 of the said Act shall automatically hold the field with respect to initiation of a proceeding under the provisions of Jharkhand Minerals Dealers Rules, 2007, more so when the said rule does not prescribe the mode for taking cognizance. The complaint as has been mentioned in Section 22 of the MMDR Act does not include an FIR as the same has been defined in Section 2(d) of the Code of Criminal Procedure.
