Madhya Pradesh Mineral (Prevention Of Illegal Mining, Transportation And Storage) Rules, 2022

[08th April 2022]

In exercise of the powers conferred by Section 23C of the Mines and Minerals (Development and Regulation) Act, 1957 (No. 67 of 1957), the State Government, hereby, makes the following rules, namely:-

CHAPTER 1 PRELIMINARY

Rule - 1. Short title, extent and commencement.

(1)     These rules may be called the Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022.

(2)     They shall extend to whole of the State of Madhya Pradesh.

(3)     They shall come into force from the date of their publication of this notification in the Official Gazette.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (No. 67 of 1957);

(b)      "Authorised Person" means Director, Joint Director, Deputy Director, Officer Incharge (Flying Squad) and Collector, Additional Collector of senior I.A.S. scale, Additional Collector and Joint Collector, Deputy Collector of State Administrative Service, Tehsildar, Naib Tehsildar, Officer Incharge of the Mining Section of the concerned District Collectorate, Mining Officer, Diamond Officer, Assistant Mining Officer, Mining Inspector and Mining Surveyor of the district concerned within their respective jurisdiction or any other person authorised by the Government;

(c)      "Carrier" means any mode by which mineral/minerals or its products are transported from the place or raising or from one place to another by way of mechanised device; excluding railway wagons, aerial ropeway, conveyor belt;

(d)      "Director" means Director Geology and Mining, Madhya Pradesh and "Joint Director", "Deputy Director", "Mining Officer", "Diamond Officer", "Assistant Mining Officer", "Mining Inspector" and "Mining Surveyor" means the respective Officers of the Directorate of Geology and Mining, Madhya Pradesh;

(e)      "Forms" and "Schedule" means the forms and Schedule appended to these rules;

(f)       "Licence" means a mineral dealer licence granted under these rules;

(g)      "Licensee" means holder of a mineral dealer licence granted under these rules for the purpose of transporting, storing and trading of major mineral and for the purpose of transporting, storing, trading and for use in construction work of minor mineral/minerals or its products;

(h)     "Licensing Authority" means Collector, Additional Collector of senior I.A.S. scale or any other Officer to whom the State Government may by notification in the Official Gazette authorise for the purpose of granting or renewing a mineral dealer licence;

(i)       "Mineral Product" means bricks, roofing tile, lime, dressed stone, block, slabs, tiles, chips, ballast, stone dust;

(j)       "Officer Incharge of Mining Section" means the Gazetted Officer or Employee of Directorate of Geology and Mining, Madhya Pradesh posted at Collectors office and in his absence any such officer nominated by the Collector;

(k)      "Revenue Board", "Commissioner", "Collector" and "Additional Collector" of senior I.A.S. scale, "Additional Collector", "Joint Collector" and "Deputy Collector" of State Administrative Service, "Tehsildar", "Naib Tehsildar", have the same meaning respectively assigned to them in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);

(l)       "Scientific test" means any test conducted for geological, mineralogical or chemical analysis of minerals and rocks exclusively for academic and research purpose without any commercial motive;

(m)    "Stockyard" means a place where the mineral/minerals and/or its products are stored and stocked for commercial purpose outside the lease area;

(n)     "Transit Pass" means a e-transit pass generated from specified portal for lawful transportation of any mineral/ minerals and/ or its products from the lease area or from one place to another by a carrier;

(o)      Words "Mineral", "Composite Licence" and "Mining Lease" shall have the same meaning, as assigned to them in the Act;

(2)     The words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Act or Rules.

Rule - 3. Prohibition.

(1)     No person shall transport or cause to be transported any mineral/minerals or/and its products by any carrier from the place of raising or from one place to another without having a valid transit pass issued under these rules:

Provided that no such Transit Pass shall be required in case of any mineral/minerals or its products are being transported directly from the lease area by means of mechanical device viz. railway wagon or aerial ropeway or conveyor belt.

(2)     (i) no person/firm/company shall transport, store, trade of major mineral/minerals for commercial purpose, outside of mine area without licence granted under these rules;

(ii) no person/firm/company shall transport, store, trade and use in construction work of minor mineral/minerals or its, products for commercial purpose, outside of mine area without licence granted under these rules;

(iii) minor mineral/minerals or its products shall not be used without having valid mineral dealer licence by government contractor/builder, in government construction work/ development of residential colony, multi apartment;

(iv) no mineral dealer licence shall be granted for manganese and coal in periphery of fifty kilometers of their mines;

(v) provisions of clause (iv) shall not be applicable on use of manganese/coal in own industry.".

Rule - 4. Exceptions.

Nothing in these rules shall apply to-

(1)     The transportation or storage of soil by hereditary Kumhar, a member of Scheduled Caste or a member of Scheduled Tribe or Co-operative Society of such Kumhars or member of Scheduled Caste or Scheduled Tribe for preparing tiles, pots or bricks by traditional means from the area that the Gram Shabha may decide and earmark within its respective jurisdiction for this purpose.

(2)     The transportation or storage of minor minerals which is not for sale but for the purpose of construction or repairs of wells or other agricultural works or for the improvement or construction of the dwelling house of agriculturist, village artisans and labourers residing in the villages.

(3)     The transportation or storage of minor minerals quarried from the Government Lands for public works by Gram Panchayats, Janpad Panchayats and Zila Panchayats for the works undertaken by respective Panchayats.

(4)     The transportation and storage of minerals and rocks for the purpose of scientific tests.

(5)     Use of minor mineral in domestic construction also.

CHAPTER 2 Transportation of Minerals and Registration of Carrier

Rule - 5. Transportation of Minerals and its Products.

(1)     The holder of a prospecting licence, quarry lease, quarry permit and trade quarry shall issue a transit pass from specified portal on the basis of payment of advance royalty, to transport the mineral.

(2)     All the entry shall be made by mineral concession holder in the transit pass to be issued from online portal. Proof of transit pass shall be kept necessarily in every vehicle for mineral transportation issued in such a manner.

(3)     (i) the holder of a Mineral Dealer Licence for transportation of mineral or its products from the stockyard shall issue the transit pass from the specified portal for every trip;

(ii) all the entry shall be made by mineral dealer licence holder in the transit pass to be issued from online portal. Proof of transit pass shall be kept necessarily in every vehicle for mineral transportation issued in such a manner;

(iii) mineral dealer licence granted for Government work/other work shall not transport, mineral from place of licence and they are not required to obtain transit pass.

Rule - 6. Registration of Carrier.

(1)     Application for registration of carrier for transportation of minerals shall be made online in specified portal in Form-1.

(2)     Valid registration of Transport Department shall be uploaded along with application. Separate application in Form-1 shall be required for each carrier.

(3)     Registration of carrier shall be issued in Form-2:

Provided that physical verification of original document of the registration by the office of the collector shall be mandatory for the registration under these rules, for the vehicle registered in transport department of other State.

(4)     Record of registration of carrier shall be kept online in specified portal in Form-3 by concerned office.

(5)     Holder of mine and mineral dealer licence shall transport or cause to be transported mineral by carrier registered by above procedure.

CHAPTER 3 ESTABLISHMENT OF CHECK POSTS AND WEIGHMENT

Rule - 7. Establishment of check posts and weighment of mineral being transported and inspection.

(1)     If the State Government considers it necessary to do so with a view to check the transportation and storage of minerals without lawful authority, it may direct the setting up of the check post at any place or places within the State by an order in writing. The setting up of a check post shall be notified in the Official Gazette:

Provided that temporary arrangement for checking shall be made by the concerned collector of the district at any place in the district for the inspection, for which no notification in the official gazette shall be required.

(2)     An authorised person may check any carrier transporting any mineral or its product at any place and the person in charge of the carrier shall furnish to him/her the registration of carrier for transport of mineral and other particulars such as bill or receipt or delivery note etc. on demand by the authorised person. Verification of transit pass and registration of vehicle may be made by the means of specified portal or mobile app.

(3)     At every check post set up under sub~rule (1) or any place, authorised person may stop the carrier for examination of the mineral or its product. The driver of the vehicle transporting the minerals or its product shall allow inspection of all records and documents relating to mineral or its product. Verification of transit pass and registration of vehicle may be made by the means of specified portal or mobile app.

(4)     If the authorised person has reason to believe that the mineral or its product being transported is not covered by the transit pass or the transit pass is found to be tampered or the transportation is found to be without any transit pass or the time and distance of destination mentioned in the transit pass is irregular, the authorised person shall have power to seize the mineral or its products along with the carrier.

(5)     The authorised person shall give a receipt of such mineral or its product and the carrier seized, to the person, from whose possession or control it is seized.

(6)     The authorised person may direct the person incharge of the carrier to take the carrier transporting the mineral or its product to the nearest police station or any other place. If the driver of the carrier refuses to take the carrier transporting mineral or its product to the nearest police station or the place asked for, the authorised person may seize the mineral or its products along with carrier and take the same in his/her possession.

(7)     If the authorised person has reasons to believe that the weight recorded in the transit pass is not correct, he shall direct the driver of carrier to take the carrier transporting the mineral or its products to the nearest weigh bridge.

CHAPTER 4 GRANT OF MINERAL DEALER LICENCE AND ITS RENEWAL

Rule - 8. Application for grant or renewal of a Mineral Dealer Licence.

(1)     An application for the grant or renewal of mineral dealer licence shall be made online in specified portal in Form-4.

(2)     An application for the grant or renewal of a licence shall be paid as specified in the portal the court fee stamp of value or Rupees Hundred only.

(3)     Every application for the grant or renewal of a licence shall be accompanied by-

(a)      a non-refundable application fee of Rupees Five Thousand only to be deposited in the government treasury under the revenue receipt head.-

0853- Mines and Minerals

102-C- Mineral Concession Fee, Rent and Royalties

800- Other Receipts

002- Receipts from Minor Mineral including Fines, forfeitures:

Provided that if the applicant is a member of Scheduled Tribe/Scheduled Caste/Other Backward Classes, he/she shall deposit a non refundable fee of Rupees Five Hundred Only in the same manner.

(b)      an up to date "No mining dues certificate" issued by the Mining officer incharge of the Mining Section of the concerned district collectorate. In case the applicant is a partnership firm or a private limited company, such certificate shall be furnished by all the partners of the firm or by all the members of the private limited company, as the case may be:

Provided that if a person has furnished an affidavit to the satisfaction of the Licensing Authority, stating that the applicant does not hold and has not held any mineral concession and/or mineral dealer licence in the State, is shall not be necessary for that person to produce the said certificate:

Provided further that submission of the said certificate under sub-clause (b) above shall not discharge the person from the liability to pay the mining dues which may subsequently found to be payable by the said person under the Act or Rules framed there under to the State Government.

(c)      an affidavit showing details of mineral dealer licence held or being held by the appjicant in the State or by any other person/persons jointly with the applicant;

(d)      where the land is not owned by the applicant, an affidavit to the effect that he/she has obtained the surface right or the consent of the owner for storing and trading the mineral/ minerals and/or its products:

Provided that, no such affidavit shall be required where the land is owned by the State Government.

(e)      copies of the certified maps and the latest revenue record of the area proposed to be used as stockyard, where the applicant intends to store and trade mineral /minerals or its products;

(f)       mineral dealer licence for following use of minor mineral, the following document shall be furnished-

(i)       for industrial use - valid registration of Industry Department/ details of place of industry/ product to be prepared;

(ii)      for use in government construction - registration of contractor/ work order of construction agency/ tenure of construction/details of quantity of each minor minerals to be used/details of place of construction;

(iii)     for construction of residential colony/ multi apartment-licence of coloniser given by authorised officer/details of place of construction/permission for development of colony/details of quantity of each minor minerals to be used.

Rule - 9. Status of the grant on the death of applicant.

Where an applicant who applied for grant or renewal of a licence dies before the order granting or renewing a licence is issued, the application for the grant or renewal of licence shall be deemed to have been made by the legal heir/heirs of the applicant.

Rule - 10. Acknowledgement of application.

After the submission of online application in specified portal by the applicant, the computer generated acknowledgement will be obtained.

Rule - 11. Register of application for licence.

The register of application for grant or renewal of a licence shall be maintained online by the officer incharge of the mining section or Mining Officer/Assistant Mining Officer of the concerned district in Form-5.

Rule - 12. Renewal of licence.

An application for renewal of a licence shall be made to the Licensing Authority of the concerned district at least three months before the date on which the licence is due to expire:

Provided that the Licensing Authority may condone the delay in submission of application for renewal of licence after the time limit prescribed, if the applicant satisfies the Licensing Authority that he/she has sufficient cause for not filing the application for renewal in time, provided that the application for the renewal has been made before the expiry of the licence.

Rule - 13. Disposal of application for the grant or renewal of a licence.

(1)     The Licensing Authority after making such inquires, as he/she may deem fit, may grant or renew the licence and shall issue such licence in Form-6 or refuse to grant or renew the licence and information regarding the same shall be given in specified portal:

Provided that the Licensing Authority shall not refuse to grant or renew a licence for the whole or part of the area applied for without giving an opportunity of hearing to the applicant and without recording the reasons for refusal in writing and communicating the reasons for refusal in writing to the applicant.

(2)     No application for grant or renewal of a licence submitted under Rule-8 shall be refused only on the ground that Form-4 is not complete in all material particulars or is not accompanied by the documents referred to in Rule-8.

(3)     Where it appears that the application is not complete in all material particulars or is not accompanied by the documents referred in Rule-8, the Licensing Authority shall, by notice, inform the applicant to supply the omission or, furnish the documents without delay as the case may be, and in any case not later than thirty days from the date of receipt of the said notice by the applicant.

(4)     If an application for renewal of Licence made within the time referred to in Rule-12 is not disposed by the Licensing Authority before the date, on which the licence is due to expire, the period of such licence shall be deemed to have been extended by a further period, for which the licence was granted till the Licensing Authority passed order thereon.

(5)     The Licensing Authority may at his/her own discretion, may refuse to grant or renew a licence to such person, who is convicted of any offence under the Act/or Rules made thereunder.

(6)     Licence which is sanctioned under these rules in favour of mining lease holder, such licence, after expiry of lease period, shall be deemed to be transferred with due compliance of provisions specified in Rule 8 in favour of new lease holder in whose favour the lease is granted by mode of auction.

Rule - 14. Security Deposit.

An applicant shall deposit as security for the due observance of the terms and conditions of the licence a sum of Rupees Twenty Five Thousand only within seven days from the date of intimation for grant or renewal of a licence by the Licensing Authority in the same manner, as prescribed in clause (a) of sub rule (3) of Rule 8:

Provided that the licence sanctioned or renewed prior to the date of implementation of these rule shall deposit mandatorily the difference amount of security within the period of three months from the date of implementation of these rules. Difference amount of security is not paid within the period of three months, then simple interest of 24 percent shall be payable.

Rule - 15. Register of licence.

A register for Licence shall be maintained online by the Mining Officer/Assistant Mining Officer or by Officer Incharge of the Mining Section of the concerned district collectorate in Form 7.

Rule - 16. Period for which licence may be granted or renewed.

(1)     The maximum period for which a Licence may be granted shall not exceed ten years.

(2)     A licence may be renewed for a period not exceeding the period for which it was originally granted.

(3)     If the licence is sanctioned for any project, period of licence shall be the period of the project.

(4)     The period of licence sanctioned prior to the implementation of these rules deemed to be extended for the period as specified in sub rule.

Rule - 17. Conditions of a licence.

(1)     Every Licence granted under these rules shall, in addition to any other conditions, that may be specified therein, be subject to the following conditions, namely:-

(i)       the licensee shall keep accurate and faithful accounts showing the quantity and other particulars of the mineral/minerals and/or its products received and dispatched from the stockyard in the register prescribed in Form-8;

(ii)      the licensee shall submit annual returns online in the specified portal in Form-9;

(iii)     the licensee shall issue transit pass for every carrier transporting any mineral or its products from the stockyard;

(iv)    the licensee shall keep the record of the name, nationality, age, sex and address of the persons employed;

(v)      the licensee shall not pay wages less than the minimum wages prescribed by the Central and State Government from time to time under the Minimum Wages Act, 1948;

(vi)    the licensee shall allow any authorised person to -

(a)      enter and inspect the stockyard including mineral processing unit, if any, building, office or any relevant premises;

(b)      survey, weigh, measure or take measurements of the stocks of mineral/minerals and/or its products lying at the stockyard;

(c)      examine any documents, books, registers or relevant record in the possession of the licensee or any other person having the control thereof or connected therewith and take extracts from or make copies of such documents, books, registers or record;

(d)      examine the licensee or any person having the control thereof or connected therewith;

(e)      collect any other relevant information;

(f)       collect samples of any mineral/minerals and/or its products.

(vii)   The licensee shall display the licence prominently at the stockyard or at his/her normal place of business.

(2)     Powers of the Government/Licensing Authority. -

In the case of breach of any conditions, the conditions specified in sub-rule (1) by the licensee, the State Government/Licensing Authority shall give a notice in writing to the licensee asking him/her to show cause why he/she should not be penalised and/or the licence should not be cancelled for the breach of condition committed directing him/her to remedy the breach of condition within thirty days from the date of receipt of said notice and if the licensee fails to show proper cause and/or if the breach of condition is not remedied within such period, the licensing Authority, without prejudice to any other action may determine the licence and/or forfeit the whole or part of the security deposit:

Provided that no such action shall be taken without giving an opportunity of being heard to the Licensee.

CHAPTER 5 Penalty for illegal extraction of minor mineral, illegal transportation of minerals and their product and illegal storage

Rule - 18. Penalty for illegal extraction of mineral or illegal storage of mineral or their product.

(1)     Whenever any person is found extracting or storing or on whose behalf such extraction or storing is being made in violation of Madhya Pradesh Minor Mineral Rules, 1996 or Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 or under these rules or any other rule prevailed by department shall be presumed to be a party to the illegal extraction or storing.

(2)     To the party decided under sub-rule (1), the Collector or any officer authorised by him not below the rank of Deputy Collector shall after giving an opportunity of being heard determines that such person has extracted or stored the minerals in contravention of the provisions of these rules, then he may compound by imposing the fine of fifteen times of the royalty on extracted or stored mineral, to the violator. Amount equivalent to the fine shall be imposed additionally in form of environment compensation as penalty. Fine and amount of environment compensation shall be the total penalty.

(3)     Information letter shall be issued to the violator for compounding on total penalty as mentioned in sub-rule (2). Period of fifteen days shall be provided in information letter to deposit the amount. This period may be extended on the basis of suitable reasons.

(4)     On payment of total imposed penalty and compounding fee of Rupees One Thousand the compounding of the case may be made. On deposition of total penalty the forfeited vehicle, machine, tools etc. may be released.

(5)     In case of compounding is not made by the violator as per sub-rule (4), the case shall be moved as per the provision of Civil Procedure Code, 1908 before the authority as prescribed in sub-rule (1).

(6)     The double amount to the total penalty as prescribed in sub-rule (2) shall be imposed when the violation of illegal extraction/illegal storage is proved. Along with this forfeited vehicle, machinery, tools etc. shall be confiscated by cancelling the handing over as granted under the provision of Rule 21 to the owner of vehicles. The confiscated vehicle, machinery, tools etc. shall be disposed off in transparent manner. The amount deposited under Rule 21 shall be refundable on decision in favour of violator otherwise the deposited amount shall be adjusted in total penalty.

Rule - 19. Penalty for illegal transportation.

(1)     Whenever any person is found transporting mineral without valid transit pass in violation of Madhya Pradesh Minor Mineral Rules, 1996 or Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 or under these rules or any other rule prevailed by department or cause to be, then in such cases the Collector or any officer authorised by him not below the rank of Deputy Collector may impose a fine of Fifteen times of the royalty. An amount of environment compensation as penalty shall be payable along with the fine imposed, mentioned as below:-

Fine and amount of environment compensation shall be the total penalty.

(2)     Information letter shall be issued to the violator for compounding on total penalty as mentioned in sub-rule (1) period of fifteen days shall be provided in information letter to deposit the amount. This period may be extended on the basis of suitable reasons.

(3)     After payment of total penalty, imposed as per sub-rule (1) and compounding fee of Rupees One Thousand the compounding of the case may be made. After compounding the case the forfeited mineral and vehicle may be released.

(4)     In case of compounding is not being made by the violator as per sub-rule (3), the case shall be moved as per the provision of Civil Procedure Code, 1908 before the authority as prescribed in sub-rule (1).

(5)     The double amount to the total penalty as prescribed in sub-rule (1) shall be imposed when the violation of illegal transportation is proved. Along with this forfeited vehicle shall be confiscated by cancelling the handing over as granted under the provision of Rule 21 to the owner of vehicles. The confiscated vehicle shall be disposed off in transparent manner. The amount deposited under Rule 21 shall be refundable on decision in favour of violator otherwise the deposited amount shall be adjusted in total penalty.

(6)     In case of illegal transportation owner of the vehicle shall be responsible.

(7)     In case of non-compounding of the case the registration made under Rule 6 for transportation of mineral, shall be cancelled.

Rule - 20. Penalty for the excess quantity mentioned more than in transit pass.

(1)     If additional quantity is found during transportation of mineral mentioned in transit pass (e-TP) then penalty of fifteen times of royalty shall be imposed for the additional quantity. For additional quantity the amount of environment compensation as per the type of vehicle prescribed in sub-rule (1) of Rule 19 shall be payable proportionately. Fine and amount of environment compensation shall be the total penalty.

If in any vehicle it is found that excess quantity is being transported then calculation of amount of environment compensation shall be made per the following formula:-

Quantity more than the quantity

mentioned in Transit pass

Amount of Environment Compensation = _________________ X

Quantity mentioned in Transit pass

Environment compensation amount as per the type of vehicle shown in the table of sub-rule (1) of Rule 19.

Example:

If in transit pass the quantity of mineral is entered three cubic meter in tractor trolley and four cubic meter is being transported then the amount of environment compensation shall be Rupees 8,333/- as per the above formula.

(2)     Collector or any officer authorised by him not below the rank of Deputy Collector may impose the total penalty as prescribed in sub-rule (1).

(3)     Information letter shall be issued to the violator for compounding on total penalty as mentioned in sub-rule (1) and period of fifteen days shall be provided in information letter to deposit the amount. This period may be extended on the basis of suitable reasons.

(4)     On payment of total imposed penalty, as per sub-rule (1) and compounding fee of Rupees One Thousand the compounding of the case may be made. The forfeited mineral and vehicle may be released in case of compounding.

(5)     In case the compounding is not made by the violator as per sub-rule (4), the case shall be moved as per the provision of Civil Procedure Code, 1908 before the authority as prescribed in sub-rule (2).

(6)     The double amount to the total penalty as prescribed in sub-rule (1) shall be imposed when the violation of excess quantity to the quantity mentioned in transit pass is proved. The amount deposited under Rule 21 shall be refundable on decision in favour of violator otherwise the deposited amount shall be adjusted in total penalty.

Rule - 21. Handing over of forfeited vehicle and machinery etc.

If the application to hand over the forfeited vehicle, machinery etc. is made by the violator during the case is under trial or prior to trial then after receiving the amount of vehicle/machinery as prescribed in Schedule-I, the handing over to the owner of vehicle /machinery may be given by the Collector or officer authorised by him who is not below the rank of Deputy Collector. Prior to handing over a surety letter shall be obtained for the purpose that whenever vehicle/machinery required to be produced then owner of vehicle/machinery shall produce. During this period sale of vehicle and machinery shall be prohibited.

Rule - 22. Recovery of penalty.

Recovery of total penalty imposed under sub-rule (6) of Rule 18, sub-rule (5) of Rule 19 and sub-rule (6) of Rule 20 shall be recovered as an arrears of land revenue. For this, the Collector office shall issue the demand notice against the concern as per the provisions of Madhya Pradesh Land Revenue Code, 1959. If the amount is not deposited as per the demand notice, the Revenue Recovery Certificate (RRC) shall be issued. In spite of that if the amount of arrear is not deposited, then after issuing attachment warrant the attachment shall be made proceedings shall be initiated as per rule.

Rule - 23. Action in illegal extraction, transportation, and Storage.

Whenever any person is found involved in illegal extraction, illegal transporting and illegal storing of the minerals or cause to be, in contravention of provisions of these rules, the Collector/Additional Collector/ Deputy Collector/ Sub Divisional Officer (Revenue)/Tehsildar/Naib Tehsildar/Chief Executive Officer of Zilla Panchayat/Chief Executive Officer of Janpad Panchayat/Deputy Director (Mining Section)/Officer Incharge of Mining Section/Assistant Mining Officer/Mining Inspector/Officer in Charge (Flying Squad) in their respective jurisdiction shall proceed to act in the following manner:-

(i)       to initiate case of illegal extraction, illegal transporting and illegal storing by preparing Panchnama on spot;

(ii)      to collect necessary evidences, which may include videography of illegal extraction, illegal transporting, illegal storing;

(iii)     to forfeit all tools, devices, vehicles used in illegal excavation or illegal storage or illegal transportation of mineral and mineral shall handover all material so forfeited to the persons or lessee or any other person from whose possession such material was forfeited on executing an undertaking up to satisfaction of the officer forfeiting such material, to this effect that he shall forthwith produce such material as and when may be required to do so;

(iv)    officers as mentioned above shall make a request in writing to the concerning police station/seeking police assistance, if necessary and police officer shall provide such assistance as may be necessary to prevent illegal excavation, transporting and storing of the mineral.

Rule - 24. Powers of the investigating officer.

The investigation officer while investigating the cases of illegal extraction, transporting and storing of the minerals, shall have the following powers:-

(i)       to call for person concern to record statements;

(ii)      to seize record and other material related to the case;

(iii)     to enter at concerned place and spot inspection;

(iv)    all powers as are vested in an incharge of a police station while investigation any cognizable offence under Code of Criminal Procedure;

(v)      all other powers as are vested under Code of Civil Procedure to compel any person to appear or to be examined on oath or to produce any document;

(vi)    on such cases where the illegal excavator, transporter, storer ran away leaving the vehicle/machine on the spot, then the double amount of the actual expenditure to keep the vehicle/machine etc. in safe custody shall be impose in addition to the fine.

Rule - 25. Action on finding of illegal extraction, storing, transportation and transportation of more quantity then the quantity mentioned in transit pass by the police.

On finding of illegal extraction, storing, transportation and transportation of more quantity then the quantity mentioned in transit pass by the police then information shall be given to the Sub Divisional Officer (Revenue). Sub Divisional Officer (Revenue) shall ensure the action under the provisions of Rule 23 and 24 on the basis of information given by Police.

Rule - 26. Deposition of penalty and amount of environment compensation.

Amount of penalty and environment compensation shall deposit in the account head as prescribed in para (a) of sub-rule (3) of Rule 8.

CHAPTER 6 APPEAL AND REVISION

Rule - 27. Appeal.

(1)     Any person aggrieved by the order passed under these rules may file an appeal within sixty days of the date of communication of the order to the Divisional Commissioner in Form-10. The appellant shall deposit a fee of Rupees One Thousand in the same manner as prescribed in clause (a) of sub-rule (3) of Rule-8 and attach the original treasury challan along with Form-10:

Provided that if the appellant is a member of Scheduled Tribe/Scheduled Caste/Other Backward Classes, he/she shall deposit a fee of Rupees One Hundred in the same manner, as prescribed in clause (a) of sub-rule (3) of Rule-8 and attach the original treasury challan along with Form-10:

Provided further that the appeal shall be disposed off under the Civil Procedure Code, 1908:

Provided also that appeal shall be accepted on payment of 10% of amount of total penalty imposed under these rules. This amount shall be refundable to the appellant in case of decision in his favour. If the decision is not in favour of appellant, then this amount shall be adjusted against the imposed penalty.

(2)     Where an application for appeal is made under these rules, the Appellate Authority may confirm, modify or set aside the order passed by Collector or pass such other order in relation thereto, as it may deem just and proper:

Provided that no order shall be passed against any person interested, unless he/she has been given an opportunity to represent his/her case:

Provided further that the Appellate Authority may stay the order for such time, as it may deem fit.

Rule - 28. Revision.

(1)     Any person aggrieved by an order passed in appeal under these rules, may file an application for revision before the Revenue Board within sixty days of the date of communication in Form-10. The person making the revision shall have to deposit a fee of Rupees one thousand in the same manner as prescribed in clause (a) of sub-rule (3) of Rule 8 and attach the original treasury challan along with Form- 10:

Provided that if the revisioner is a member of Scheduled Tribe/Scheduled Caste/Other Backward Classes, he/she shall deposit a fee of Rupees One Hundred in the same manner, as prescribed in clause (a) of sub-rule (3) of Rule 8 and attach the original treasury challan along with Form-10 :

Provided further that the appeal shall be disposed off under the Civil Procedure Code, 1908.

(2)     Where an application for revision is made under these rules, the Revisional Authority may confirm, modify or set aside the order passed by Appellate Authority or pass such other order in relation thereto, as it may deem just and proper:

Provided that no order shall be passed against any person interested, unless he/she has been given an opportunity to represent his/her case:

Provided further that the Revisional Authority may at any time direct that the execution of the order passed by the Appellate Authority be stayed for such time, as it may deem fit.

Rule - 29. Amendment in the Rule.

The administrative department may amend these rules after the approval of the Chief Minister in Co-ordination.

Rule - 30. Power to remove difficulties.

(1)     Any type of difficulties in implementation of these rules may be removed by the administrative department by issuing the instruction.

(2)     Administrative department may amend the Form appended to these rules.

Rule - 31. Repeal and Saving.

Rule 53 of the Madhya Pradesh Minor Mineral Rules, 1996, Rule 20 of the Madhya Pradesh Sand (Mining, Transportation, Storage and Trading) Rules, 2019 and Madhya Pradesh (Prevention of Illegal Mining, Transportation and Storage) Rules, 2006 is hereby repealed:

Provided that anything done or any action taken under the said rules shall be deemed to have been done or taken under the corresponding provisions of these rules.

The appeal/revision pending under these repealed rules shall be transferred to the concerned Appellate or Revisioner authority as the case may be.

SCHEDULE-I

[see rule 21]

Value of Vehicle

FORM 1

[see rule 6(1)]

Application for registration of carrier for mineral transportation

(1)     Details of Carrier -

(i)       Type of carrier and loading capacity.............................................

(ii)      Registration number of carrier of regional transport office (Name of the State and District).................................................................

(iii)     Copy of registration.....................................................................

(2)     Name of Applicant...............................................................................

(3)     Address of Applicant and Mobile Number..............................................

(4)     If Applicant is Firm/Company/Organisation, then registration number and place............................................................................................

(5)     Identity of Applicant (Income Tax Permanent Account Number/Voter ID Card/Passport Number/Driving Licence Number/Ration Card) any one of these.........................................................

(6)     Date of Application..............................................................................

Signature of Applicant

FORM-2

[see rule 6(3)]

Registration of carrier for mineral transportation Office of the Collector District...............(Madhya Pradesh)

(1)     Details of registered carrier in Madhya Pradesh State transport department is as follows:-

(i)       Registration No...........................................................................

(ii)      Type of Carrier............................................................................

(iii)     Loading Capacity (in tonnes)........................................................

(iv)    State and District of Transport Department..................................

(v)      Name of Carrier Owner...............................................................

(vi)    Address......................................................................................

(2)     The above carrier is hereby registered for transportation of mineral in Mineral Resources Department Government of Madhya Pradesh

(i)       Identification Number..................................................................

(ii)      District of Registration

(iii)     Date..........................

Signature of Authorised Officer Designation

FORM-3

[see rule 6(4)]

Register for record of registration of Carrier (s) for transportation of mineral

(1)     S.No.......................................................................

(2)     Name of applicant and Address...............................

(3)     Date of submission of application............................

(4)     Type of carrier and load capacity for registration..........................

(5)     Registration number issued by transport department............................

(6)     Registration number and date issued by officer.....................

(7)     Signature of authorised officer.................................

FORM-4

[see rule 8(1)]

Application for grant or renewal of licence

(To be submitted in duplicate)

Received at...............(place) on the.............day of..........month..........year

Here affix court fees stamp

To,

The Collector

District.......................(Madhya Pradesh)

Sir,

(1)     I/We request for the grant/renewal of mineral dealer licence for a term of ........................years.

(2)     A sum of Rs..................... as application fee payable under these rules has been deposited vide challan No.......dated............at place.............

(3)     The required particulars are given below:

(i)       Name of the applicant with complete address................................

(ii)      Caste of the applicant (if applicant is the member of Scheduled Caste/Scheduled Tribe/Other Backward Classes, then enclose certified copy of caste certificate);

(iii)     Is the applicant is an Individual/Private company/Public company /Firm or Association.

(iv)    Profession or nature of business of applicant................................

(v)      No Mining Dues Certificate (copy attached)...................................

(vi)    If on the date of application, the applicant does not hold any mineral concession/licence in the State furnish an affidavit for the same

(vii)   Mineral/Minerals or its products, for which the applicant intend to hold licence.................................

(viii)  An affidavit showing details of mineral concession licence held or being held in the State by any other person/persons jointly with the applicant

(4)     (1) For trading-

(i)       Details of the land on which applicant desires to store or trade the mineral/minerals or its products. Where the land is not owned by the applicant, an affidavit to the effect that he/she has obtained the surface right or the consent of the owner.

(ii)      Enclose the certified map and latest revenue record of the land intended to be used for storing mineral/minerals or its products (two copies)

(iii)     Any other details that applicant desires to submit................

(2) For use in Industry-

(i)       Valid registration of industry..............................................

(ii)      Situation of industry..........................................................

(iii)     Name of mineral/minerals to be used..................................

(iv)    Quantity of minerals to be used annually............................

(v)      Any other details................................................................

(3) For use in Government construction-

(i)       Valid registration of Contractor...........................................

(ii)      Name of the Government department who given contract......

(iii)     Copy of work order.............................................................

(iv)    Tenure of construction.......................................................

(v)      Name of minor mineral(s) to be used...................................

(vi)    Quantity of minor minerals to be used (in cubic meter)

(a)      Sand

(b)      Stone

(c)      Murrum

(d)      Gitti e. Others

(vii)   Place of construction..........................................................

(viii)  Any other details................................................................

(4) For use in residential colony/multi apartment-

(i)       Copy of licence of Colonizer/builder given by authorised officer...........................................................................

(ii)      Details of place of construction...................................................

(iii)     Permission of competent authority for construction......................

(iv)    Numbers of building/apartment..................................................

(v)      Name of minor minerals to be used..........................................

(vi)    Estimated quantity of minor mineral to be used (in cubic meter)

(a)      Sand

(b)      Stone

(c)      Murrum

(d)      Gitti

(e)      Others

(vii)   Any other details...............................................................

Signature of the Applicant

Name

Address

FORM-5

(see rule 11)

Register of application for mineral dealer licence

(1)     Serial No.........................................................................................

(2)     Date of application of licence............................................................

(3)     Date of receipt of application............................................................

(4)     Name of the applicant with full address.............................................

(5)     Name of mineral/product applied for................................................

(6)     Period for which grant/renewal of licence is applied...........................

(7)     Application fee paid vide challan No......................date....................

(8)     Purpose of obtaining licence.............................................................

(9)     Final disposal of the application together with number and date of the order...............................................................................................

(10)   Signature of the authorised officer....................................................

FORM-6

[see rule 13(1)]

Mineral Dealer Licene

Officer of the Collector District...................(Madhya Pradesh)

No.............................. Date............................

Mineral dealer licence is hereby granted under the Madhya Pradesh Mineral (Prevention of Illegal Mining, Transportation and Storage) Rules, 2022 in favour of Shri..................................resident of........................................ for stocking the following Mineral (s)/Products for following purpose for the period commencing from..............................to....................................

Mineral(s)/Products............................

(1)     For trading - location of stock yard

(2)     For use in industry - place of industry

(3)     For government construction - place of construction

(4)     for use in residential colony/ multi apartment - place of construction

Licensing Authority Name

Designation Seal of Office

FORM-7

(see rule 15)

Register of mineral dealer licence

(1)     Serial number.....................................................................................

(2)     Name of licensee.................................................................................

(3)     Full address........................................................................................

(4)     Name of Mineral(s)/Products................................................................

(5)     Location of stockyard/place of industry/ place of government construction/place of residential colony/multi apartment......................

(6)     Number and date of grant/renewal of licence......................................

(7)     Period of Licence..................................................................................

(8)     Remarks..............................................................................................

(9)     Signature of the authorised officer.........................................................

FORM-8

[see rule 17(i)]

Stock register to be maintained by mineral dealer licensee

(1)     Name and Address of holder of licence...................................................

(2)     Location of stockyard/ place of industry/place of government construction/place of residential colony/multi apartment......................

(3)     Name of Mineral(s)/ Product

(i)      
 

(ii)     

(iii)      

(iv)   

(a)      Serial Number

(b)      Date

(c)      Name of Mineral

Opening balance

(in tonnes/cubic meter)

1.

2.

3.

(d)      Name of Minerals

Quantity of Mineral received

(in tonnes/cubic meter)

1.

2.

3.

(e)      Name of the party from which the mineral is obtained Name of the Mineral Quantity (in tonnes/cubic meter)

(f)       Transit passbooks used to transport the mineral(s)/products to stockyard - Book No., Serial No...................., Date......................

(g)      Name of Minerals

Total Stock

(in tonnes/cubic meter)

1.

2.

3.

(h)     Quantity of mineral dispatched from stockyard/used in government construction/used in construction of residential colony/multi apartment.

Name of Mineral

Quantity of Mineral

(in tonnes/cubic meter)

1.

2.

3.

(i)       Name of party to whom mineral was sold.............................

(j)       Transit passbooks used to transport the minerals from the stockyard - Enter Book No., Serial No.............., Date.........

(k)      Closing stock.................................(in tonnes/cubic meter)

(l)       Remarks............................................................................

FORM-9

[see rule 17(ii)]

Form of quarterly return for mineral dealer licensee

Return for the quarter

(To be furnish upto 10th day of ensuing month after the end of quarter)

(1)     Name of licensee.................................................................................

(2)     Address of licensee..............................................................................

(3)     No. of licence......................................................................................

(4)     Period of licence from...............................to.......................................

(5)     Location of stockyard/government construction/residential colony/multi apartment...........................................................................................

(6)     Name of mineral(s)/products for which licence is granted .......................

(a)      Name of mineral

1.

2.

3.

(b)      Opening stock Name of Mineral Quantity (in tonnes/cubic meter)

1.

2.

3.

4.

(c)      Quantity of mineral received Name of Mineral

Quantity

(tonnes/cubic meter)

Name and Address of

party by whom received

1.

2.

3.

(d)      Used/Mineral dispatched Name of Mineral

Quantity (in tonnes/cubic meter)

1.

2.

3.

(e)      Balance of stock at the end of the month

Name of Mineral

Quantity (in tonnes/cubic meter)

1.

2.

3.

Date...............

Place..............

Signature of Licensee

FORM-10

[see rule 27(1) and 28(1)]

Application for appeal/revision

(To be submitted in duplicate)

(1)     Name and address of applicant.............................................................

(2)     Caste of the applicant (If the applicant is a member of the Scheduled Tribe/Scheduled Caste/Other Backward Classes, then enclose the certified copy of caste certificate)...........................................................

(3)     Name of authority, Number and date of order against which the appeal/ revision applications is filed, (enclose certified copy of the order)............

(4)     Grounds of appeal/revision..................................................................

(5)     Appeal/Revision Fee - number and date of treasury challan (enclose original treasury challan)......................................................................

(6)     If any penalty is impose then amount of penalty in rupees.....................

(7)     Challan and date of deposition of 10 per cent of imposed penalty............

(8)     In case the application of appeal/revision preferred after sixty days of the communication of the order, the reason of delay...................................

(9)     Any additional information the applicant desires to furnish....................

Date

Place

Signature of Applicant Name of Applicant