MEGHALAYA MINOR MINERALS CONCESSION RULES, 2016

PREAMBLE

In exercise of the powers conferred by Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67 of 1957), the Governor of Meghalaya is pleased to make the following rules for regulating the grant of mining leases and quarry permits in respect of minor minerals and for purposes connected therewith, namely.-

CHAPTER I

Rule - 1. Short title, extent and commencement.

(1)     These rules may be called the Meghalaya Minor Mineral Concession Rules, 2016.

(2)     These rules shall extend to the whole of Meghalaya.

(3)     These rules shall come into force from the date of their notification in the Official Gazette.

Rule - 2. Definitions.

 In these rules, unless the context otherwise requires,-

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

(b)      "benami transaction" means a benami transaction as defined under clause (a) of Section 2 of the Meghalaya (Benami Transaction Prohibition) Act 1980;

(c)      "competent authority" includes Director, PCCF & HOFF and competent officer;

(d)      "competent officer" means such officer as the State Government may, by notification published in the Official Gazette, appoint to perform the function of the competent officer under these rules ;

(e)      "Director" means the Director of Mineral Resources, Meghalaya;

(f)       "Forms" means the Forms appended to these rules as specified in Schedule I;

(g)      "minor minerals" means a mineral defined as such in clause (e) of Section 3 of the Mines and Minerals (Development and Regulation) Act, 1957 and also set out in Schedule II and Schedule III as appended to these rules and in subsequent notifications of the Central Government declaring such minerals as 'minor minerals';

(h)     "mining lease" means a lease to mine, quarry, bore, dig and search for, winning, working and carrying away any minor mineral;

(i)       "Official Gazette" means the Gazette of Meghalaya;

(j)       "PCCF & HOFF" means the Principal Chief Conservator of Forest & Head of Forest Force, Meghalaya;

(k)      "person" means an individual, a company, a cooperative society, a private firm or partnership firm;

(l)       "quarry permit" means a permit for quarrying and removal of any specified quantity of minor minerals within a specified time;

(m)    "Rules" means the Meghalaya Minor Mineral Concession Rules, 2016;

(n)     "Schedule" means Schedules appended to these rules;

(o)      "State" means the State of Meghalaya;

(p)      "State Government" means the Government of the State of Meghalaya;

(q)      "water source" means river, stream, spring or natural water body;

(r)      "royalty" means payment of royalty as defined under Rule 27 in respect of any minerals at the rate for the time being specified in the Schedule IV;

(s)      "deadrent" means payment of deadrent as defined under Rule 28 in respect of the area covered by the mining lease at the rate for the time being specified in Schedule-V.

Rule - 3. Exemption.

Nothing in these rules shall apply to, -

(i)       extraction of minor minerals from agriculture fields for betterment of the agricultural land by the agriculturists or for their bonafide agricultural purposes; or

(ii)      any extraction of minor minerals which is incidental in nature.

Provided that exemption certificate is obtained from competent authority.