Mineral
Concession Rules, 1960
[11th November, 1960]
In exercise of the powers
conferred by Section 13 of the Mines and Minerals (Regulation and Development)
Act, 1957 (67 of 1957), the Central Government hereby makes the following
rules, namely.
CHAPTER I PRELIMINARY
Rule - 1. Short title.
These rules may be called
the Mineral Concession Rules, 1960.
Rule - [2. Definitions.
(1) In these rules, unless the
context otherwise requires,
(i) “Act” means the Mines and
Minerals (Development and Regulation) Act, 1957 (67 of 1957);
(ii) “block boundary” shall mean
the geographical boundary of the coal or lignite block expressed by way of
coordinates specified in the allocation order issued under Section 11-A of the
Act or a notification of reservation issued under Section 17-A of the Act or vesting
order or allotment order issued under the Coal Mines (Special Provisions) Act,
2015 (11 of 2015) or any other instrument or order issued under any other law
in force entitling a person to carry out prospecting or mining operations;
(iii) “Form” means a form
specified in Schedule I to these rules;
(iv) “geological report” means
the detailed report prepared upon completion of prospecting operations in any
area containing coal or lignite comprising of all geological, geophysical,
exploration, core coal or lignite analysis, hydrological, geo-engineering and
other information regarding exploration, location or proof of mineral deposits,
acquired during the prospecting operations conducted in such area and includes
drilling log;
(v) “illegal mining” means any
reconnaissance or prospecting or mining operation undertaken by any person or a
company in any area without holding a reconnaissance permit or a prospecting
licence or as the case may be, a mining lease as required under sub-section (1)
of Section 4 of the Act.
Explanation. For the purpose of this
clause,
(a) violation of any rules,
other than the rules made under Section 23-C of the Act, within the mining
lease area by a holder of a mining lease shall not include illegal mining;
(b) any area granted under a
reconnaissance permit or a prospecting licence or a mining lease, as the case
may be shall be considered as an area held with lawful authority by the holder
of such permit of licence or a lease, while determining the extension of illegal
mining;
(vi) “project proponent” shall
include an allocatee of the coal block under Section 11-A of the Act or a
Government company or corporation in whose favour an area containing coal or
lignite is reserved under Section 17-A of the Act or a successful bidder or an
allottee of a coal mine under the Coal Mines (Special Provisions) Act, 2015 (11
of 2015) or any other project proponent having right under any other law in
force to carry out prospecting operations or mining operations for coal or
lignite;
(vii) “railway” and “railway
administration” have the meanings respectively assigned to them in the Indian
Railways Act, 1890 (9 of 1890);
[(viia) “run-of-mine” means the raw, unprocessed or uncrushed
material in its natural state obtained after blasting, digging, cutting or
scraping from the mineralised zone of a lease area;]
(viii) “Schedule” means a Schedule
appended to these rules;
(ix) “section” means a section
of the Act.
(2) The words and expressions
used herein and not defined but defined in the Act or in the Coal Block
Allocation Rules, 2017 made thereunder or in the Coal Mines (Special
Provisions) Act, 2015 (11 of 2015) or the rules made thereunder shall have the
meanings respectively assigned to them in the said Acts or the rules.]
Rule - 3. Saving of Act 33 of 1962.
Nothing in these rules
shall affect the provisions of the Atomic Energy Act, 1962 (33 of 1962) [and
the rules made thereunder in respect of licensing relating to atomic minerals
listed in Part B of the First Schedule to the Act.]
[CHAPTER II GRANT OF
RECONNAISSANCE PERMITS
Rule - 4. Application for reconnaissance permit.
(1) An application for
reconnaissance permit shall be made to the State Government in Form ‘A’ through
such officer or authority as the State Government may specify in this behalf.
(2) (a) Every such application shall be accompanied by a
non-refundable fee calculated at the rate of five rupees per square kilometre.
(b) A valid clearance certificate, in the form prescribed by the
State Government for payment of mining dues, such as royalty or dead rent or
surface rent payable under the Act or rules made thereunder, from that
Government or any officer or authority authorised by that Government in this
behalf:
Provided that where a
person has furnished an affidavit to the satisfaction of the State Government
stating that he does not hold and has not held a reconnaissance permit, it
shall not be necessary for him to produce the said valid clearance certificate:
Provided that an affidavit
stating that no dues are outstanding shall suffice subject to the condition
that the certificate required as above shall be furnished within ninety days of
the date of application and the application shall become invalid if the party
fails to file the certificate within the said ninety days:
Provided also that where
any injunction has been issued by a court of law or any other competent
authority staying the recovery of any such mining dues or income tax,
non-payment thereof shall not be treated as a disqualification for the purpose
of granting the reconnaissance permit:
Provided further that in
case the applicant is a partnership firm or a private limited company, such
certificate shall be furnished by all persons of the partnership firm or, as
the case may be, all members of the private limited company.
(c) An affidavit stating that the applicant has.
(i) filed up-to-date income-tax
returns;
(ii) paid the income-tax
assessed on him; and
(iii) paid the income tax on the
basis of his assessment as provided in the Income Tax Act, 1961 (43 of 1961).
(d) An affidavit showing the particulars of areas, mineral-wise
in the State, which the applicant or any person jointly with him.
(i) already holds under a
reconnaissance permit;
(ii) has applied for but not
granted; and
(iii) being applied for
simultaneously.
Rule - 4-A. Acknowledgement of application.
(1) Where an application for
the grant of reconnaissance permit is delivered personally, its receipt shall
be acknowledged forthwith.
(2) Where such application is
received by registered post, its receipt shall be acknowledged on the same day.
(3) In any other case, the
receipt of such application shall be acknowledged within three days of the
receipt.
(4) The receipt of every such
application shall be acknowledged in Form ‘D-1’.
Rule - 5. Refusal of application for a reconnaissance permit.
(1) The State Government may
after giving an opportunity of being heard and for reasons to be recorded in
writing and communicated to the applicant, refuse to grant a reconnaissance
permit over the whole or part of the area applied for.
(2) Where it appears that the application
is not complete in all material particulars or is not accompanied by the
required documents, the State Government shall, by notice, require the
applicant to supply the omission or, as the case may be, furnish the documents
without delay and in any case not later than thirty days from the date of
receipt of the said notice by the applicant.
Rule - 6. Status of grant on death of the applicant for reconnaissance permit.
(1) Where an applicant for the
grant of reconnaissance permit dies before the order granting him a
reconnaissance permit is passed, the application for the grant of
reconnaissance permit shall be deemed to have been made by his legal
representatives.
(2) In the case of an applicant
in respect of whom an order granting a reconnaissance permit is passed but who
dies before the deed referred in sub-rule (1) of Rule 7-A is executed, the
order shall be deemed to have been passed in the name of the legal
representative of the deceased.
Rule - 7. Conditions of a reconnaissance permit.
(1) Every reconnaissance permit
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 holder of
reconnaissance permit shall progressively relinquish the area granted under the
permit as follows.
(a) After completion of two
years, the area shall be reduced to one thousand square kilometers or fifty per
cent of the area granted, whichever is less; and
(b) The area would be further
relinquished so that the permit holder is left with an area not more than
twenty five square kilometres at the end of third year.
(ii) The holder of the
reconnaissance permit shall strictly adhere to the minimum expenditure
commitment and specific physical targets specified in the order of grant of the
permit failing which reconnaissance permit may be cancelled.
(iii) The holder of
reconnaissance permit shall make available all data collected by him during the
reconnaissance operations to the Geological Survey of India, Indian Bureau of
Mines and the State Government which may be made available to any prospecting
investor after a minimum period of two years of the completion of the period of
reconnaissance permit.
(iv) The holder of reconnaissance
permit shall not enter any forest land or any private land without obtaining
permission of the Forest Department or the owner of the private land, as the
case may be.
(v) The holder of
reconnaissance permit shall maintain accurate faithful account of all the
expenses incurred by him on the reconnaissance operations.
(vi) The holder of
reconnaissance permit shall submit to the State Government a six monthly report
of the work done by him and the valuable data collected by him during the
period. The report shall be submitted within 3 months of the close of the
period to which it relates.
(vii) The permit holder shall
also submit to the State Government within three months of the expiry of the
permit, or abandonment of the operations or termination of the permit whichever
is earlier, a full report of the work done by him and all information relevant
to mineral resources acquired by him in the course of reconnaissance permit in
the area covered by the permit.
(viii) While submitting reports
under sub clause (vi) or (vii), the permit holder may specify
that the whole or any part of the report or data submitted by him shall be kept
confidential; and the State Government shall thereupon, keep the specified
portions as confidential for a period of two years from the expiry of the permit,
or abandonment of operations or termination of the permit, whichever is
earlier.
(ix) The permit holder shall
allow every officer authorised by the Central Government or the State
Government in this behalf to examine at any time accounts maintained and furnish
the Central Government or the State Government or any other officer authorised
by it in that behalf such information and returns.
(x) The permit holder shall
allow any officer authorised by the Central Government or the State Government
in this behalf to inspect any reconnaissance operations carried on by him.
(xi) The permit holder shall pay
such permit fee as may be fixed by the State Government, being not less than
five rupees per square kilometre and not more than twenty rupees per square
kilometre of land held by the permit holder for each year or part thereof.
(2) The reconnaissance permit
may contain such other conditions as may be imposed by the Central Government
which inter alia may include the condition that the representative of the
Directorate General, Civil Aviation or Ministry of Defence shall be present
during the aerial surveys.
(3) The State Government may,
with the approval of the Central Government, impose such further conditions in
the permit as it may think necessary in the interest of mineral development and
for compliance of various legal provisions.
(4) In case of breach of any
condition imposed on any holder of reconnaissance permit by or under this rule,
the State Government may by order in writing, cancel the permit, and/or forfeit
in whole or in part, the amount deposited by the permit holder as security:
Provided that no such order
shall be made without giving the permit holder a reasonable opportunity of
stating his case.
Rule - 7-A. Reconnaissance Permit to be executed within three months.
(1) Where on any application
for a reconnaissance permit an order has been made for the grant of such
permit, a deed granting such permit shall be executed within ninety days of the
date of the communication of the order or such further period as the State government
may allow in this behalf, and if no such deed is executed within such period
due to any fault on the part of the applicant, the State Government may revoke
the order granting the reconnaissance permit and in that event the fee paid
shall be forfeited to the State Government.
(2) The deed referred to in
sub-rule (1) shall be in Form F-1, or in a Form as near thereto as
circumstances of each case may require.
(3) The date of the
commencement of the period for which a reconnaissance permit is granted shall
be the date on which the deed is executed after all necessary clearances have
been obtained.
Rule - 7-B. Security deposit.
(i) An applicant for a
reconnaissance permit shall, before deed referred to in sub-rule (1) of Rule
7-A is executed, deposit as security for the observance of the terms and
conditions of the permit a sum of twenty rupees in respect of every square
kilometre or part thereof for which the permit is granted.
(ii) Any deposit made under
sub-clause (i) above if not forfeited under the rules shall be refunded to the
applicant as soon as the report referred to in sub-rule (1)(vii) of Rule 7 is submitted.
Rule - 7-C. Prospecting Licences and Mining Leases of other minerals.
The applications received
for grant of prospecting licences or mining leases within the area granted
under reconnaissance permit for minerals other than those for which the permit
has been granted, shall not be refused on the grounds that the area is not
available for grant. The State Government shall dispose of such applications as
per provisions of these rules:
Provided that if a
prospecting licence or a mining lease for other mineral has been granted to
some other applicant within the area granted for a reconnaissance permit and
where the reconnaissance permit holder discovers availability of minerals
covered under his permit within the area so granted subsequently for
prospecting or mining of minerals other than those covered under the
reconnaissance permit, he shall have the right to get such areas vacated from
the licensee or the lessee, as the case may be and such licensee or lessee
shall not hinder the reconnaissance operations being undertaken by the
reconnaissance permit holder.
Rule - 7-D. Registers.
(1) A register of applications
for reconnaissance permits shall be maintained by the State Government in Form
G-1.
(2) A register of
reconnaissance permit shall be maintained by State Government in Form H-1.]
CHAPTER III GRANT OF PROSPECTING LICENCES IN RESPECT OF LAND IN WHICH THE MINERALS
VEST IN THE GOVERNMENT
Rule - [8. Applicability of Chapter II, Chapter III[5][, Chapter IV and Chapter IV-A].
The provisions of Chapter
II, Chapter III [,
Chapter IV and Chapter IV-A] shall apply to the grant of reconnaissance permits
as well as grant and renewal of prospecting licences [,
mining leases and prospecting licence-cum-mining leases] only in respect of the
land in which the minerals vest in the Government of a State.]
Rule - 9. Application for prospecting licence and its renewal.
(1) An application for a
prospecting licence and its renewal in respect of land in which the minerals
vest in Government shall be made to the State Government in Form B and Form E
respectively through such officer or authority as the State Government may
specify in this behalf.
(2) Every such application
shall be accompanied by.
(a) a [non-refundable]
fee calculated in accordance with the provisions of Schedule II; and
(b) [omitted]
(c) [omitted]
(d) a valid clearance
certificate in the form prescribed by the State Government, of payment of
mining dues, such as royalty or dead rent and surface rent payable under the
Act or the rules made thereunder, from that Government or any officer or
authority by that Government in this behalf:
Provided [*
* *] that in case the applicant is a partnership firm or a private limited
company such certificate shall be furnished by all partners of the partnership
firm or, as the case may be, all members of the private limited company:
[Provided further that
where any injunction has been issued by court of law or any other competent
authority staying the recovery of any such mining dues or income tax,
non-payment thereof shall not be treated as a disqualification for the purpose
of granting or renewing the said prospecting licence:
Provided that where a
person has furnished an affidavit to the satisfaction of the State Government
stating that he does not hold and has not held a prospecting licence, it shall
not be necessary for him to produce the said valid clearance certificate:
Provided further that a
sworn affidavit stating that no dues are outstanding shall suffice subject to
the condition that the certificate required as above shall become invalid if
the party fails to file the certificate within the said ninety days.]
(e) an affidavit stating that
the applicant has.
(i) filed up-to-date income tax
return;
(ii) paid the income tax
assessed on him; and
(iii) paid the income tax on the
basis of self-assessment as provided in the Income Tax Act, 1961;
(f) an affidavit showing
particulars of areas mineral-wise in [the]
state, which the applicant or any person jointly with him.
(i) already holds under a
prospecting licence;
(ii) has applied for but not
granted; and
(iii) being applied for
simultaneously.
(g) a statement in writing that
the applicant, where the land is not owned by him, has obtained surface rights
over the area or has obtained the consent of the owner for starting prospecting
operations:
Provided that no such
statement shall be necessary were the land is owned by the Government:
Provided [*
* *] that the consent of the owner for starting prospecting operations in the
area or part thereof may be furnished after execution of the prospecting
licence but before entry into the said area.
[Provided further that no
further consent would be required in the case of renewal where consent has
already been obtained during grant of the licence.]
[* * *]
[* * *]
[* * *]
(3) The State Government may,
for reasons to be recorded in writing, relax the provisions of clause (d) of sub-rule (2) of Rule 9.
(4) The grant of a clearance
certificate under clause (d) of
sub-rule (2) of Rule 9 shall not discharge the holder of such certificate from
the liability to pay the mining dues which may subsequently be found to be payable
by him under the Act or the rules made thereunder.
Rule - 10. Acknowledgement of application.
(1) where an application for
the grant of renewal of a prosecuting licence is delivered personally, its
receipt shall be acknowledged forthwith.
(2) Where such application is
received by registered post, its receipt shall be acknowledged on the same day.
(3) In any other case, the
receipt of such application shall be acknowledged within three days of the
receipt.
(4) The receipt of every such
application shall be acknowledged in Form D.
Rule - 10-A.
[Omitted]
Rule - 11. Disposal of application for the grant and renewal of prospecting licence.
(1) [Omitted].
(2) (a) An application for the renewal of a prospecting licence shall
be made at least ninety days before the expiry of the prospecting licence and
shall be accompanied by.
(i) a statement relating to the
prospecting operations already undertaken by the applicant;
(ii) the amount of expenditure
incurred;
(iii) the numbers of hours and
days for which the work was undertaken; and
(iv) the period which is
required to complete the prospecting work.
(b) An application for the renewal for a prospecting licence
shall be disposed of by the State Government before the expiry of the period of
prospecting licence and if the application is not disposed of within that
period, the licence shall be deemed to have been renewed for a period not
exceeding the period prescribed for renewal of prospecting licence under
sub-section (2) of Section 7 of the Act, or the period for which an application
is made, whichever is less.
(3) The State Government may,
for reasons to be recorded in writing and communicated to the applicant, at the
time of renewal, reduce the area applied for.
(4) [The State Government may
condone delay in submission of an application for renewal of a prospecting
licence made after the time limit prescribed in sub-rule (2) provided the
application for the renewal has been made before the expiry of the licence.]
Rule - 12. Refusal of application for a prospecting licence.
(1) The State Government may,
after giving an opportunity of being heard and for reasons to be recorded in
writing and communicated to the applicant, refuse to grant or renew a
prospecting licence over the whole or part of the area applied for.
(1-A)
An application for the grant or renewal of a prospecting licence made under
Rule 9 shall not be refused by the State Government only on the ground that
Form B or Form E, as the case may be, is not complete in all material
particulars, or is not accompanied by the documents referred to in clauses (d), (e), (f) and (g) of sub-rule (2) of the said rule.
(1-B)
Where it appears that the application is not complete in all material
particulars or is not accompanied by the required documents, the State Government
shall, by notice, require the applicant to supply the omission or, as the case
may be, furnish the documents without delay and in any case not later than
thirty days from the date of receipt of the said notice by the applicant.
(2) An application for the
grant of a prospecting licence shall not be refused on the ground only that, in
the opinion of the State Government, a mining lease should be granted for the
area for which the application for a prospecting licence has been made:
Provided that where applications
for the grant of prospecting licence and applications for the grant of mining
lease in respect of the same area are received on the same date or on different
dates within a period of thirty days, the applications for the grant of mining
lease shall, if the area was previously held and worked under a mining lease,
be disposed of before the applications for the grant of prospecting licence are
considered.
[Provided further that the
applications received for grant of prospecting licence shall be liable to be
considered only if they have not been already disposed of.]
Rule - 13.
[* * *]
Rule - 13-A. Status of grant on death of the applicant for prospecting licence.
(1) Where an applicant for the
grant of a prospecting licence dies before the order granting him a prospecting
licence is passed, the application for the grant of a prospecting licence shall
be deemed to have been made by his legal representative.
(2) In the case of an applicant
in respect of whom an order granting a prospecting licence is passed but who
dies before the deed referred to in sub-rule (1) of Rule 15 is executed, the
order shall be deemed to have been passed in the name of the legal
representative of the deceased.
Rule - 14. Conditions of a prospecting licence.
(1) Every prospecting 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 pay such
prospecting fee as may be fixed by the State Government, [being not less than
rupee one and not more than rupees ten] per hectare of land covered by the
licence for each year or part of a year of the period for which the licence is
granted or renewed;
(ii) the licensee may win and
carry for purposes other than commercial purposes.
(a) any quantity of such
minerals within the limits specified under Column 3 of Schedule III without any
payment;
(b) any quantity of such
minerals not exceeding the limits specified under Column 4 of Schedule III, on
payment of royalty for the time being specified in the Second Schedule to the
Act in respect to those minerals:
Provided that if any
quantity in excess of the quantities specified in sub-clause (b) is won and carried away, the State
Government may recover the cost of the excess quantity of minerals won and
carried away.
(iii) with the written approval
of the State Government, the licensee may carry away quantities of minerals in
excess of the limits specified in Schedule III, on payment of royalty for the
time being specified in the Second Schedule to the Act, for chemical,
metallurgical, ore-dressing and other test purposes.
(iv) save in the case of land in
respect of which the licensee is granted a mining lease, he shall, within six
months next after the determination of the licence or the date of abandonment
of the prospecting operations, whichever is earlier, securely plug all bores
and fill up or fence all excavations in the land covered by the licence;
(v) the licensee shall report
to the State Government the discovery of any mineral not specified in the
licence within a period of sixty days from the date of such discovery.
Consequent upon such reporting, such newly discovered mineral shall be deemed
to have been included in the prospecting licence;
(vi) [omitted]
(vii) the licensee shall not except
with the previous sanction of the State Government transfer his licence;
[Provided that no
prospecting licence shall be transferred to any person who has not filed an
affidavit stating that he has filed an up-to-date income tax returns and paid
the income-tax assessed on him and paid the income tax on the basis of
self-assessment as provided in the Income Tax Act, 1961 (43 of 1961) and except
on payment to the State Government of a fee of five hundred rupees:
Provided further that the
State Government shall not grant its sanction for the transfer of prospecting
licence unless the transferee has accepted all the conditions and liabilities
which the transferor has in respect of such prospecting licence:
Provided also that the
State Government may, by order in writing after providing the licensee the
opportunity of being heard, cancel such prospecting licence at any time if the
licensee has, in the opinion of the State Government, committed a breach of
this clause or Rule 15-A.]
(viii) the licensee shall not pay
a wage less than the minimum wage prescribed by the Central or the State
Government from time to time under the Minimum Wages Act, 1948;
(ix) the licensee shall observe
the provisions of the Mines Act, 1952 [(35
of 1952) and the provisions of the Atomic Energy Act, 1962 (33 of 1962) insofar
as the latter relate to atomic minerals included in Part ‘B’ of the First
Schedule to the Act.]
(x) the licensee shall.
(a) take immediate measures for
the planting in the same area or any other area selected by the Central or the
State Government not less than twice the number of trees destroyed by reasons
of any prospecting operations;
(b) look after them during
subsistence of the licence after which these shall be handed over to the State
Forest Department or any other authority as may be nominated by the Central or
State Government;
(c) restore, to the extent
possible, other flora destroyed by prospecting operations.
(xi) the licensee shall pay to
the occupier of surface of the land such compensation as may become payable
under these rules;
(xii) the licensee shall comply
with the Mineral Conservation and Development Rules framed under Section 18.
(xiii) [* * *]
(2) A prospecting licence may
contain such other conditions relating to the following as the State Government
may think fit to impose, namely.
(i) compensation for damage to
land in respect of which the licence has been granted;
(ii) indemnity to Government against
the claim of a third party for any damage, injury or disturbance caused to him
by the licensee;
(iii) restrictions regarding
felling of trees on unoccupied and unreserved Government land;
(iv) restrictions on prospecting
operations in any area prohibited by any competent authority;
(v) operations in a reserved or
protected forest;
(vi) conditions regarding entry
on occupied land;
(vii) facilities to be given by
the licensee for working other minerals in the licenced area or adjacent areas;
(viii) filing of civil suits or
petitions relating to disputes arising out of the area under prospecting
licence.
(3) [The State Government may,
either with the previous approval of the Central Government or at the instance
of the Central Government, impose such further conditions as may be necessary
in the interest of mineral development, including development of atomic
minerals.]
(4) In the case of breach of
any condition imposed on any holder of prospecting licence by or under this
rule, the State Government may, by order in writing, cancel the licence and/or
forfeit, in whole or part, the amount deposited by the licensee under Rule 20:
Provided that no such order
shall be made without giving the licensee a reasonable opportunity of stating
his case.
Rule - 15. Licence to be executed within three months.
(1) Where on any application
for a prospecting licence an order has been made for the grant of such licence,
a deed granting such licence shall be executed within ninety days of the date
of the communication of the order or such further period as the State
Government may allow in this behalf, and if no such deed is executed within the
said period due to any default on the part of the applicant, the State
Government may revoke the order granting the licence and in that event the fee
paid shall be forfeited to the State Government.
(2) The deed referred to in
sub-rule (1) shall be in Form F, or in a form as near thereto as circumstances
of each case may require.
(3) The date of the
commencement of the period for which a prospecting licence is granted shall be
the date on which the deed is executed under sub-rule (1).
Rule - 15-A.
here on an application for
grant of sanction to transfer the prospecting licence under clause (vii) of sub-rule (1) of Rule 14, the
State Government has granted sanction for transfer of such licence, a transfer
deed in Form P, or a form as near thereto as possible shall be executed within
three months of the date of the consent, or within such further period as the
State Government may allow in this behalf.
Rule - 16. Report of information obtained by the licensee.
(1) The licensee shall submit
to the State Government a six monthly report of the work done by him stating
the number of persons engaged and disclosing in full the geological,
geophysical or other valuable data collected by him during the period. The
report shall be submitted within three months of the close of the period to
which it relates.
(2) The licensee shall also
submit to the State Government within three months of the expiry of the
licence, or abandonment of operations or termination of the licence, whichever
is earlier, a full report of work done by him and all information relevant to
mineral resources acquired by him in the course of prospecting operations in
the area covered by the licence.
(3) While submitting reports
under sub-rules (1) or (2), the licensee may specify that the whole or any part
of the report or data submitted by him shall be kept confidential; and the
State Government shall thereupon, keep the specified portions as confidential
for a period of two years from the expiry of the licence, or abandonment of
operations or termination of the licence, whichever is earlier.
Rule - 17.
[omitted]
Rule - 18. Maintenance of accounts.
Every licensee shall
maintain [an
accurate] and faithful account of all expenses incurred by him on prospecting
operations and also the quantity and other particulars of all minerals obtained
during such operations and their despatch.
Rule - 19. Inspection.
(1) The licensee shall allow
every officer authorised by the Central Government or the State Government in
this behalf to examine at any time accounts maintained under Rule 18 and furnish
the Central Government or the State Government such information and returns as
it or any officer authorised by it in that behalf may require.
(2) The licensee shall allow
any officer authorised by the Central Government or the State Government in
this behalf to inspect any prospecting operations carried on by him.
Rule - 20. Security deposit.
(1) An applicant for a
prospecting licence shall, before the deed referred to in sub-rule (1) of Rule
15 is executed, deposit as security for the due observance of the terms and
conditions of the licence [a sum of two thousand and five hundred rupees] in
respect of the every square kilometre or part thereof for which the licence is
granted.
(2) Any deposit made under
sub-rule (1), if not forfeited under these rules, shall be refunded to the
applicant as soon as the report referred to in Rule 16 is submitted.
Rule - 21. Registers.
(1) A register of applications
for prospecting licences shall be maintained by the State Government in Form G.
(2) A register of prospecting
licences shall be maintained by the State Government in Form H.
[CHAPTER III-A GEOLOGICAL
REPORTS
Rule - 21-A. Applicability.
(1) Notwithstanding anything
contained in Chapter III, Chapter V and Chapter VI of these rules, the
provisions of this chapter shall apply in respect of all land containing coal
or lignite.
(2) On and from the
commencement of the Mineral Concession (Amendment) Rules, 2020, conduct of
prospecting operations and preparation of geological report in respect of any
area containing coal or lignite shall be governed by the provisions of this
chapter.
Rule - 21-B. Prospecting operations and preparation of geological report.
(1) For conduct of prospecting
operations and preparation of geological report, a project proponent may.
(i) engage any person upon
obtaining prospecting licence or prospecting licence-cum-mining lease from the
State Government;
(ii) engage an entity specified
in or notified by the Central Government under the second proviso of
sub-section (1) of Section 4 of the Act; or
(iii) engage any Accredited
Prospecting Agency, notified under second proviso to sub-section (1) of Section
4 of the Act.
(2) Every prospecting operation
shall be undertaken and geological report prepared in accordance with Indian
Standard Procedure for Coal Resource Estimation issued by the Central
Geological Programming Board of Geological Survey of India or any other
standard procedure specified by the Central Government.
(3) Every person, entity or
agency conducting the prospecting operations under sub-rule (1), shall submit a
report of the work done by it during each half of financial year, stating the
number of persons and machineries engaged and disclosing the complete
geological data, geophysical data and all other information collected during
the period to the Central Mine Planning and Design Institute Limited, a
Government company and to the State Government within three months from the
close of the half year to which it relates.
(4) On the completion or
abandonment of prospecting operations or termination of the prospecting
licence, whichever is earlier, such person, entity or agency shall also submit
a report of the work done along with all information relevant to mineral
resources acquired by it in the course of prospecting operations.
(5) The project proponent as
well as the person, entity or agency, as the case may be, referred to in
sub-rule (1), shall be responsible for the data furnished in the geological
report.
Rule - 21-C. Accreditation system for prospecting operations and preparation of geological report.
The QCI-NABET shall grant
accreditation to Accredited Prospecting Agency for undertaking prospecting
operations and preparation of geological report in accordance with standards
and procedures specified in Schedule VI of these rules.]
CHAPTER IV GRANT
OF MINING LEASES IN RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE
GOVERNMENT
Rule - 22. Applications for grant of mining leases.
(1) An application for the
grant of a mining lease in respect of land in which the minerals vest in the
Government shall be made to the State Government in Form I through such officer
or authority as the State Government may specify in this behalf.
(2) [Omitted]
(3) (i) Every application for the grant or renewal of a mining lease
shall be accompanied by.
(a) [a [non
refundable] fee of two thousand and five hundred rupees];
(b) [omitted]
(c) [omitted]
(d) A valid clearance
certificate in the form prescribed by the State Government, of payment of
mining dues, such as royalty or dead rent and surface rent payable under the
Act or the rules made thereunder, from that Government or any officer or
authority authorised by that Government in this behalf:
Provided that in case the
applicant is a partnership firm or a private limited company, such certificate
shall be furnished by all partners of the partnership firm or, as the case may
be, all members of the private limited company:
[Provided that where any
injunction has been issued by a court of law or any other competent authority
staying the recovery of any such mining dues or income tax non-payment thereof
shall not be treated as a disqualification for the purpose of granting or
renewing the said mining lease:
Provided that where a
person has furnished an affidavit to the satisfaction of the State Government
stating that he does not hold and has not held a mining lease, it shall not be
necessary for him to produce the said valid clearance certificate:
Provided that a properly
sworn affidavit stating that no dues are outstanding shall suffice subject to
the condition that the certificate required as above shall be furnished within
ninety days of the date of application and the application shall become invalid
if the party fails to file the certificate within the said ninety days:
Provided further that the
grant of a clearance certificate under sub-clause (d) shall not discharge the holder of such certificate from the
liability to pay the mining dues which may subsequently be found to be payable
by him under the Act or rules made thereunder.]
(e) [omitted]
(f) an affidavit stating that
the applicant has.
(i) filed up-to-date income-tax
returns;
(ii) paid the income-tax
assessed on him; and
(iii) paid the income-tax on the
basis of self-assessment as provided in the Income Tax Act, 1961;
(g) an affidavit showing
particulars of area mineral-wise in [the]
State, which the applicant or any person jointly with him.
(i) already holds under a mining
lease;
(ii) has already applied for but
not granted;
(iii) being applied for
simultaneously;
(h) a statement in writing that
the applicant has, where the land is not owned by him, obtained surface rights
over the area or has obtained the consent of the owner for starting mining
operations:
Provided that no such
statement shall be necessary where the land is owned by the Government:
Provided further that the
consent of the owner for starting mining operations in the area or part thereof
may be furnished after execution of the lease deed but before entry into the
said area:
Provided also that no
further consent would be required in the case of renewal where consent has
already been obtained during grant of the lease.
[* * *]
[* * *]
[* * *]
[* * *]
(i-a) The State Government may, for
reasons to be recorded in writing, relax the provision of sub-clause (d) of clause (i).
(ii) Every application for the grant of a mining lease shall in
addition to those specified in clause (i)
be accompanied by a deposit of one thousand rupees for meeting the preliminary
expenses in connection with the grant of the mining lease:
Provided that the applicant
shall deposit such further deposit as may be asked for by the State Government,
within one month from the date of demand of such deposit.
(4) [* * *]
The applicant shall submit
the mining plan, duly approved by the Central Government or by an officer duly
authorised by the Central Government, to the State Government to grant mining
lease over that area.
(4-A) [*
* *]
(4-B) [*
* *]
(5) [* * *]
(6) [* * *]
Rule - [22-A. Mining operations to be in accordance with mining plan.
On and from the expiry of a
period of nine months from the commencement of the Mineral Concession
(Amendment) Rules, 2020,
(a) no mining operations shall
be undertaken except in accordance with the mining plan, which.
(i) has been approved under
clause (b) of sub-section (2)
of Section 5 of the Act and in accordance with Rule 22-B; or
(ii) is in accordance with the
system established by the State Government for preparation, certification and
monitoring of mining plan under the proviso to clause (b) of sub-section (2) of Section 5 of the Act and Rule 22-AA:
Provided that the mining
operations shall continue to be governed by the existing mining plan approved
prior to commencement of the Mineral Concession (Amendment) Rules, 2020, until
the same is modified;
(b) any modification in the
existing mining plan during the operation of a mining lease shall also be done
in accordance with clause (a).]
Rule – [22-AA. System to be established by the State Government for mining plan.
(1) The system to be
established by the State Government under sub-clause (ii) of clause (a)
of Rule 22-A for preparation, certification and monitoring of mining plan shall
be submitted to the Central Government for approval.
(2) The State Government shall
seek previous approval of the Central Government for any modification of the
system.
(3) The Central Government
shall dispose of, with or without modifications, the proposals received from
the State Government for approval of system referred in sub-rule (1) or
modification of a system referred in sub-rule (2), within a period of three
months from the date of receipt of such proposal:
Provided that the Central
Government may revoke such approval for reasons to be recorded in writing and
duly communicated to the State Government.]
Rule - [22-B. Preparation and approval of mining plan.
(1) Every mining plan other
than those covered under the proviso to clause (b) of sub-section (2) of Section 5 of the Act shall be prepared
and submitted for approval under this rule, within a period of six months of
the preparation of geological report:
Provided that in cases
where geological report has been prepared prior to issuance of allocation order
or vesting order or allotment order or notification of reservation under
Section 17-A of the Act, and the said geological report is in accordance with
sub-rule (2) of Rule 21-B, the period of six months for preparation and
submission of mining plan shall be reckoned from the date of such allocation
order, vesting order, allotment order or notification, as the case may be.
(2) For preparation of mining
plan under sub-rule (1), a project proponent may engage,
(i) a person having the
following qualifications and experience, namely.
(a) a degree in mining engineering
or a degree in opencast mining or a degree in mining machinery or a
postgraduate degree in geology granted by a university established or
incorporated by or under a Central Act, a Provincial Act or a State Act,
including any institutions recognised by the University Grants Commission under
Section 4 of the University Grants Commission Act, 1956 (3 of 1956) or any
equivalent qualification granted by any university or institution outside India
and recognised by Government of India, and
(b) professional experience of
five years of working in a supervisory capacity in the field of mining after
obtaining the degree; or
(ii) a Mining Plan Preparing
Agency accredited for preparation of mining plan by the QCI-NABET.
(3) The QCI-NABET shall grant
accreditation in accordance with standards and procedures prescribed in
Schedule VI of these rules.
(4) Every mining plan shall be
prepared,
(i) on the basis of a
geological report prepared in accordance with Rule 21-B;
(ii) in accordance with the
guidelines issued by the Central Government in this regard; and
(iii) for an area within the
block boundary:
Provided that the mining
plan may cover an area beyond the block boundary not containing coal or lignite
on a certificate issued to that effect by the State Government and that it
intends to grant mining lease for such extended area.
(5) The project proponent and
the qualified person or the Mining Plan Preparing Agency shall be responsible,
(i) for the data furnished in
the mining plan;
(ii) that the mining plan has
been prepared in accordance with the guidelines issued by the Central
Government in this regard by a person possessing the qualifications and
experience specified in clause (i)
of sub-rule (2) or by a Mining Plan Preparing Agency.
(6) The project proponent shall
submit the mining plan for approval to such officer or authority as may be
notified by the Central Government, accompanied with the following, namely.
(i) such non-refundable fee as
may be specified by the Central Government; and
(ii) a certificate from the
project proponent to the effect that the area covered in the mining plan is not
beyond the block boundary or in case the area covered under the mining plan
extends beyond the block boundary, a certificate issued by the State Government
as specified in the proviso to clause (iii)
of sub-rule (4).
(7) Such officer or authority
shall, within a period of thirty days from the date of receiving the mining
plan, grant approval or direct correction in the mining plan or pass any such
order as it may deem fit:
Provided that the aforesaid
period of thirty days shall be applicable only if the mining plan is complete
in all respects and in case any modification is directed by such officer or
authority after the initial submission of the mining plan for approval, the
said period shall be applicable from the date of submission of the revised
mining plan.
(8) A project proponent
aggrieved by any order made or direction under sub-rule (7) may, within thirty
days of the communication of such order or direction, apply to the Central
Government for a revision of such order or direction thereof.
(9) On receipt of an
application for revision, the Central Government shall give a hearing to the
aggrieved project proponent and may confirm, modify or set aside the order or
direction within thirty days and the decision of the Central Government in this
regard shall be final.]
Rule - 22-BB. Procedure for approval of mining plans.
[* * *]
Rule - 22-C. Grant of recognition by Central Government.
[* * *]
Rule - [22-D. Minimum size of the mining lease.
Minimum area for grant of mining
lease shall not be less than.
(a) One hectare, in respect of
small deposits (not fragmented portions of larger ones), shallow in nature,
isolated and not exceeding more than 200 metres in strike length. These
deposits are small by virtue of either origin or mode of emplacement or
dislocation due to geological disturbances.
(b) Small deposits shall also
include float deposits (transported) formed due to mechanical weathering and
deposition, alluvial or eluvial placers (buried or otherwise), which generally
have peculiar configurations excepting beach sands or placers;
(c) Two hectares, in respect of
beach sands or placers. Beach sands or placers are mono or multi mineral
concentrations, including the dunes occurring on and off the coastal shore
line. These deposits are the products of ebb and flow of tides, waves and
inshore currents, and at places semi-consolidated to consolidated in nature;
(d) Four hectares, in respect
of all mineral deposits other than those specified under clauses (a) and (b).]
[Provided that in the case
of renewal of mining lease, the restrictions of minimum area for grant of
mining lease shall not be applicable.]
Rule - [22-E. Modification of approved mining plan.
(1) Subject to provisions of
sub-rule (3), in case of any modification in the approved mining plan, the
project proponent shall submit the modified mining plan in accordance with Rule
22-B for approval of the officer or authority notified under sub-rule (6) of
Rule 22-B.
(2) The modification under
sub-rule (1) shall be on any of the following grounds, namely.
(i) change in method of mining;
(ii) for facilitating increase
in sanctioned peak capacity that is in excess of one hundred and fifty per
cent. Of the sanctioned rated capacity of the mine;
(iii) change in leased area;
(iv) in the interest of safe and
scientific mining;
(v) conservation of minerals;
(vi) for the protection of
environment;
(vii) addition of reserve by way
of proving of reserve in the existing lease area;
(viii) for change in final mine
closure conditions; or
(ix) such other grounds as may
be determined by the Central Government:
Provided that in case of
allocated coal mines or blocks, prior approval of the nominated authority or
the Central Government shall be required for any modification in the mining
plan which result in changes in the terms and conditions or efficiency
parameters specified in the agreement entered between the nominated authority
or the Central Government and the project proponent, as the case may be.
(3) Notwithstanding anything
contained in sub-rule (1), the project proponent may carry on the following
minor changes in the approved mining plan and submit specific proposal pursuant
to such changes to the Coal Controller with a copy to the Central Government
for information, namely.
(i) change in land type within
the leased area;
(ii) change in heavy earth
moving machinery deployment; or
(iii) change in location of
infrastructure within the leased area.]
Rule - [22-F. Misrepresentation.
(1) Any misrepresentation by
the project proponent in the mining plan, modification or minor change in the
mining plan or any other related documents submitted to the approving officer
or authority or the Central Government or the State Government, shall
constitute contravention of these rules and render such mining plan,
modification or minor change as void.]
Rule - 23. Acknowledgement of application.
(1) Where an application for
the grant or renewal of a mining lease is delivered personally, its receipt
shall be acknowledged forthwith.
(2) Where such application is
received by registered post, its receipt shall be acknowledged on the same day.
(3) In any other case, the
receipt of such application shall be acknowledged within three days of the
receipt.
(4) The receipt of every such
application shall be acknowledged in Form D.
Rule - 23-A.
[Omitted]
Rule - 24. Disposal of application for mining lease.
(1) [Omitted]
(2) [Omitted]
(3) [Omitted]
(4) Where an application for a
mining lease for a mineral or minerals not specified in the existing mining
lease or mining leases is made for the whole or part of the area held under
mining lease by a person other than the lessee, the State Government shall
notify this fact by registered post/Acknowledgement Due to the person who
already holds mining leases for another mineral in the land applied for.
(5) (a) If on receipt of the information referred to in sub-rule (4),
from the State Government, the lessee applies either for prospecting licence or
mining lease for newly discovered mineral or minerals within six months from
the date of communication of the information by the State Government, the lessee
shall be preferred in respect of such grant.
(b) If the lessee fails to apply for prospecting licence or
mining lease within six months, then this fact will be intimated to the
applicant by the State Government and the State Government will consider the original
application in accordance with the rules.
(6) [The State Government shall
examine an application for grant of mining lease and pass an order in writing
for disposal of such application.]
Rule - [24-A. Renewal of mining lease.
(1) An application for the renewal
of a mining lease shall be made to the State Government in Form J, at least
twenty-four months before the date on which the lease is due to expire, through
such officer or authority as the State Government may specify in this behalf:
Provided that in cases
where the mining lease is due to expire on or before the 7th January, 2017, the
application for renewal shall be made at least twelve months before the date on
which the lease is due to expire.
(2) [If an application for
renewal of a mining lease made within the time referred to in sub-rule (1) is
not disposed of by the State Government before the date of expiry of the lease,
the period of that lease shall be deemed to have been extended by a period of
two years or till the State Government passes order thereon, whichever is
earlier.]
Rule - 24-B. Renewal of a mining lease in favour of a person using the mineral in his own industry.
Every person who is holding
a mining lease for a mineral which is used in his own industry shall be
entitled for the renewal of his mining lease for a period not exceeding twenty
years unless he applies for a lesser period.
Explanation. ”Own industry” means an
industry of which the lessee is the owner or in which he holds not less than
fifty per cent of controlling interest.
Rule - [24-C. Period of mining lease granted to Government companies or corporations.
(1) All mining leases granted
on or after the commencement of the Mineral Concession (Amendment) Rules, 2021
to a Government company or corporation for coal or lignite shall be for a
period of fifty years.
(2) All subsisting mining
leases vested or granted to a Government company or corporation before
commencement of the Mineral Concession (Amendment) Rules, 2021 for coal or
lignite shall be deemed to have been granted for fifty years or till 31st March
2030, whichever is later.
(3) The State Government, upon
an application made to it in this behalf by the Government company or
corporation at least three months prior to the expiry of the mining lease,
shall extend the period of the mining lease for a further period of twenty
years at a time:
Provided that the State
Government may condone the delay in application for extension made after the
prescribed time limit:
Provided further that no
extension of period of mining lease shall be granted to a Government company or
corporation that has been selected through auction.
(4) If an application for
extension of mining lease made within the time mentioned in sub-rule (3) is not
disposed of by the State Government before the date of expiry of the lease, the
period of that lease shall be deemed to have been extended till the State
Government passes an order on the same.
(5) All applications made by a
Government company or corporation for renewal of mining lease which were
pending as on the date of commencement of the Mines and Minerals (Development
and Regulation) Amendment Act, 2021 (16 of 2021) shall be deemed to be
applications for extension of the period of the mining lease and shall be
disposed of in accordance with the provisions of sub-rule (3).]
Rule - 25.
[* * *]
Rule - 25-A. Status of the grant on the death of applicant for mining lease.
(1) Where an applicant for a
grant or renewal of mining lease dies before the order granting him a mining
lease or its renewal is passed, the application for the grant or renewal of a
mining lease shall be deemed to have been made by his legal representative.
(2) In the case of an applicant
in respect of whom an order granting or renewing a mining lease is passed, but
who dies before the deed referred to in sub-rule (1) of Rule 31 is executed,
the order shall be deemed to have been passed in the name of the legal
representative of the deceased.
Rule - 26. Refusal of application for grant and renewal of mining lease.
(1) The State Government may,
after giving an opportunity of being heard and for reasons to be recorded in
writing and communicated to the applicant, refuse to grant or renew a mining
lease over the whole or part of the area applied for.
(2) An application for the
grant or renewal of a mining lease made under Rule 22 or Rule 24-A, as the case
may be, shall not be refused by the State Government only on the ground that
Form I or Form J, as the case may be, is not complete in all material
particulars, or is not accompanied by the documents referred to in sub-clauses
(d), (e), (f), (g) and (h) of clause (i)
of sub-rule (3) of Rule 22.
(3) Where it appears that the
application is not complete in all material particulars or is not accompanied
by the required documents, the State Government shall, by notice, require the applicant
to supply the omission or, as the case may be, furnish the documents, without
delay and in any case not later than [thirty
days] from the date of receipt of the said notice by the applicant.
(4) [Notwithstanding anything
contained in sub-rule (1) where an applicant for renewal of mining lease under
Rule 24-A is convicted of illegal mining, and there are no interim orders of
any court of law suspending the operation of the order of such conviction in
appeals pending against such conviction in any court of law the State
Government may after giving such applicant an opportunity of being heard and
for reasons to be recorded in writing and communicated to the applicant, refuse
to renew such mining lease]
Rule - 27. Conditions.
(1) Every mining lease shall be
subject to the following conditions.
(a) the lessee shall report to
the State Government the discovery in the leased area of any mineral not
specified in the lease, within sixty days of such discovery;
(b) if any mineral not
specified in the lease is discovered in the leased area, the lessee shall not
win and dispose of such mineral unless such mineral is included in the lease or
a separate lease is obtained therefor;
(c) the lessee shall pay, for
every year, except the first year of the lease, such yearly dead rent at the
rates specified in the Third Schedule of the Act and if the lease permits the
working of more than one mineral in the same area the State Government shall
not charge separate dead rent in respect of each mineral:
Provided that the lessee
shall be liable to pay the dead rent or royalty in respect of each mineral
whichever be higher in amount but not both;
(d) the lessee shall also pay,
for the surface area used by him for the purposes of mining operations, surface
rent and water rate at such rate, not exceeding the land revenue, water and
cesses assessable on the land, as may be specified by the state Government in
the lease;
(e) [Omitted]
(f) The lessee shall commence
mining operations within two years from the date of execution of the lease and
shall thereafter conduct such operations in a proper, skillful and workman-like
manner.
Explanation. For the purpose of this
clause, mining operations shall include the erection of machinery, laying of a
tramway or construction of a road in connection with the working of the mine;
(g) the lessee shall at his own
expenses erect and at all times maintain and keep in good repair boundary marks
and pillars necessary to indicate the demarcation shown in the plan annexed to
the lease;
(h) the lessee shall not carry
on, or allow to be carried on, any mining operations at any point within a
distance of fifty meters from any railway line, except under and in accordance
with the written permission of the railway administration concerned or under or
beneath any ropeway or ropeway trestle or station, except under and in
accordance with the written permission of the authority owning the ropeway or
from any reservoir, canal or other public works, or buildings, except under and
in accordance with the previous permission of the State Government;
(i) the lessee shall keep [accurate
and faithful] accounts showing the quantity and other particulars of all
minerals obtained and despatched from the mine, the number and nationality of
persons employed therein, and complete plans of the mine, and shall allow any
officer authorised by the Central Government or the State Government in this
behalf to examine at any time any accounts, plans and records maintained by him
and shall furnish the Central or the State Government with such information and
returns as it or any officer authorised by it in this behalf may require;
(j) the lessee shall keep
accurate records of all trenches, pits and drillings made by him in the course
of mining operations carried on by him under the lease, and shall allow any
officer authorised by the Central or the State Government to inspect the same.
Such records shall contain the following particulars, namely.
(a) the subsoil and strata
through which such trenches, pits or drillings pass;
(b) any mineral encountered;
(c) such other particulars as
the Central or the State Government may from time to time require;
(k) the lessee shall strengthen
and support, to the satisfaction of the railway administration concerned or the
State Government, as the case may be any part of the mine which in its opinion requires
such strengthening or support for the safety of any railway, reservoir, canal,
road or any other public works or buildings;
(l) the lessee shall allow any
officer authorised by the Central or the State Government to enter upon any
building, excavation or land comprised in the lease for the purpose of
inspecting the same;
(m) the State Government shall
at all times have the right of pre-emption of the minerals won from the land in
respect of which the lease has been granted:
Provided that the fair
market price prevailing at the time of pre-emption shall be paid to the lessee
for all such minerals.
(n) the lessee shall store
properly the unutilized or non-saleable subgrade ores or minerals for future
beneficiation;
(o) in respect of any mineral
which in relation to its use for certain purposes is classified as a major
mineral and in relation to its use for other purposes as a minor mineral, the
lessee who holds a lease for extraction of such minerals under these rules whether
or not it is specified as a major mineral in the lease deed, shall not use or
sell the mineral or deal with it in whatsoever manner or knowingly allow anyone
to use or sell the mineral or deal with it in whatsoever manner as a minor
mineral:
Provided that if on an
application made to it in this behalf by the lessee, the State Government is
satisfied that having regard to the inferior quality of such mineral, it cannot
be used for any of the purposes by reason of which use it can be called a major
mineral or that there is no market for such mineral as a major mineral, the
State Government may by order permit the lessee to dispose of the mineral in
such quantity and in such manner as may be specified therein as a minor
mineral.
(p) the lessee shall, in the matter
of employment, give preference to the tribals and to the persons who become
displaced because of the taking up of mining operations;
(q) the lessee shall not pay a
wage not less than the minimum wage prescribed by the Central or State
Government from time to time under the Minimum Wages Act, 1948;
(r) the lessee shall observe
the provisions of Mines Act, 1952 [(35
of 1952) and of the Atomic Energy Act, 1962, (33 of 1962) insofar as they
relate to Atomic Minerals included in Part ‘B’ of the First Schedule to the
Act;]
(s) the lessee shall.
(i) take immediate measures for
planting in the same area or any other area selected by the Central or State
Government not less than twice the number of trees destroyed by reasons of any
mining operations;
(ii) look after them during the
subsistence of the lease after which these trees shall be handed over to the
State Forest Department or any other authority nominated by the Central or
State Government;
(iii) restore, to the extent
possible other flora destroyed by the mining operations;
(t) the lessee shall pay to the
occupier of the surface of the land such compensation as may become payable
under these rules;
(u) the lessee shall comply
with the Mineral Conservation and Development Rules framed under Section 18;
(2) A mining lease may contain
such other conditions as the State Government may deem necessary in regard to
the following, namely.
(a) the time-limit, mode and
place of payment of rents and royalties;
(b) the compensation for damage
to the land covered by the lease;
(c) the felling of trees;
(d) the restriction of surface
operations in any area prohibited by any authority;
(e) the notice by lessee for
surface occupation;
(f) the provision of proper
weighing machines;
(g) the facilities to be given
by the lessee for working other minerals in the leased area or adjacent area;
(h) the entering and working in
a reserved or protected forest;
(i) the securing of pits and
shafts;
(j) the reporting of accidents;
(k) the indemnity to Government
against claims of third parties;
(l) the delivery of possession
of lands and mines on the surrender, expiration or determination of the lease;
[(la) the time limit for removal of mineral, ore, plant, machinery
and other properties from the lease hold area after expiration, or sooner
determination or surrender or abandonment of the mining lease;]
(m) the forfeiture of property
left after determination of lease;
(n) the power to take
possession of plant, machinery, premises and mines in the event of war or
emergency;
(o) filing of civil suits or
petitions relating to disputes arising out of the area under lease.
(3) [The State Government may,
either with the previous approval of the Central Government or at the instance
of the Central Government, impose such further conditions as may be necessary
in the interests of mineral development, including development of atomic
minerals.]
(4) If the lessee does not
allow entry or inspection under clause (i),
(j) or (l) of sub-rule (1), the State Government shall give notice in
writing to the lessee requiring him to show cause within such time as may be
specified in the notice why the lease should not be determined and his security
deposits forfeited; and if the lessee fails to show cause within the aforesaid
time to the satisfaction of the State Government, the State Government may
determine the lease and forfeit the whole or part of the security deposit.
[(4-A) If the lessee
holding a mining lease or a licencee holding a prospecting licence, is
convicted of illegal mining and there are no interim orders of any court of law
suspending the operation of the order of such conviction in appeals pending
against such conviction in any court of law, the State Government may, without
prejudice to any other proceedings that may be taken under the Act or the rules
framed thereunder, after giving such lessee or licencee an opportunity of being
heard and for reasons to be recorded in writing and communicated to the lessee
or licencee, determine such mining lease or, as the case may be, cancel such
prospecting licence and forfeit whole or part of the security deposit.]
(5) If the lessee makes any
default in the payment of royalty as required under Section 9 or payment of
dead rent as required under Section 9-A or commits a breach of any of the
conditions specified in sub-rules (1), (2) and (3), except the condition referred
to in clause (f) of sub-rule
(1), the State Government shall give notice to the lessee requiring him to pay
the royalty or dead rent or remedy the breach, as the case may be, within sixty
days from the date of the receipt of the notice and if the royalty or dead rent
is not paid or the breach is not remedied within the said period, the State
Government may, without prejudice to any other proceedings that may be taken
against him, determine the lease and forfeit the whole or part of the security
deposit.
Rule - [27-A. Manner of sale of coal or lignite by the lessee of a captive mine.
(1) Any lessee may, where coal
or lignite is used for captive purpose, sell coal or lignite up to such per
cent. of the total coal or lignite produced in a financial year, as allowed
under sub-section (5) of Section 8, after meeting the requirement of the end
use plant linked with the mine.
Explanation 1. For the purpose of
this rule it is clarified that the requirement of the end use plant linked with
the mine for a financial year shall be the actual quantity of coal or lignite
consumed in the said plant in that financial year or a part thereof.
Explanation 2. For the purpose of
this rule, quantity of coal or lignite produced, sold, utilised in linked
end-use plant and the payment of additional amount on the quantity sold shall
be assessed on run-of-mine basis.
Explanation 3.Sale of any
tailings, rejects or middlings shall not be restricted by this rule.
(2) For the quantity of coal or
lignite sold in accordance with sub-section (5) of Section 8, the lessee shall
pay to the State Government, at the time of payment of royalty, an additional
amount as specified in the Sixth Schedule of the Act, which shall be in
addition to royalty or payment to the District Mineral Foundation and National
Mineral Exploration Trust or any other statutory payment or payment specified
in the tender document or the auction premium, wherever applicable.
(3) Within one month of the end
of a financial year, for sale made in the previous financial year, the lessee
shall submit to the Nominated Authority, Ministry of Coal, Coal Controller's
Organisation and to the State Government, a self-declaration in Form R.
(4) Sale of coal shall not be
allowed from the coal mines allotted to a company or corporation that has been
awarded a power project on the basis of competitive bid for tariff (including
Ultra Mega Power Projects).
Explanation. For the purpose of this
rule, it is clarified that the provision for sale of coal or lignite as
prescribed in this rule shall not affect the eligibility conditions and
efficiency parameters prescribed in the respective agreements entered into by
the lessee with the Central Government.]
Rule - [28. Lapsing of leases.
(1) Where production and
dispatch has not commenced within a period of two years from the date of
execution of the mining lease or is discontinued for a continuous period of two
years after commencement of production or dispatch, the mining lease shall
lapse on the expiry of the period of two years from the date of execution of
the lease or as the case may be, discontinuance of the production and dispatch.
(2) The lapsing of the mining
lease shall be recorded through an order issued by the State Government and
shall also be communicated to the lessee.
(3) Where a lessee is unable to
commence the production and dispatch within a period of two years from the date
of execution of the mining lease or discontinuation of production and dispatch
for reasons beyond his control, he may submit an application to the State
Government, requesting for an extension of such period of two years by a
further period not exceeding one year, explaining the reasons for the same, at
least three months before the expiry of such period of two years:
Provided where the lessee
has failed to make the application within the time stipulated above, the lease
shall lapse on expiry of the period of two years.
(4) Application made under
sub-rule (3) shall specify.
(a) the reasons on account of
which it will not be possible for the lessee to undertake mining operations or
continue production and dispatch;
(b) the manner in which such
reasons are beyond the control of the lessee;
(c) the steps that have been
taken by the lessee to mitigate the impact of such reasons; and
(d) the period of extension
sought.
(5) Every application under
sub-rule (3) shall be accompanied by a fee of two hundred rupees.
(6) The State Government shall,
after examining the application, pass an order, within a period of three months
from the date of receipt of the application made under sub-rule (3) or the date
on which the mining lease would have otherwise lapsed, whichever is earlier,
either granting or rejecting such request:
Provided that such mining
lease shall lapse on failure to undertake production and dispatch or inability
to continue production and dispatch within the extended period of one year:
Provided further that such
extension shall not be granted for more than once during the entire period of
lease.
(7) The State Government shall
communicate to the Coal Controllers Organisation, Nominated Authority and
Ministry of Coal the order recorded under sub-rule (2) or issued under sub-rule
(6) within fifteen days of recording or issuing of such order.]
Rule - 28-A.
[* * *]
Rule - 29. Restriction on determination of lease.
(1) The lessee shall not
determine the lease except after notice in writing of not less than twelve
calendar months to the State Government or to such officer, or authority as the
State Government may specify in this behalf:
Provided that where a
lessee holding a mining lease for a group of minerals applies for the surrender
of any mineral from the lease on the ground that deposits of that mineral have
since exhausted or depleted to such an extent that it is no longer economical
to work the mineral, the State Government may permit the lessee to surrender
that mineral, subject to the following conditions, namely.
(a) the lessee applies for such
surrender of mineral at least six months before the intended date of surrender;
and
(b) the lessee gives an
undertaking that he will not cause any hindrance in the working of the mineral
so surrendered by any other person who is subsequently granted a mining lease
in respect of that mineral:
Provided further that where
a lessee applies for the surrender of the whole or a part of lease-hold area on
the ground that such area is barren or the deposits of minerals have since
exhausted or depleted to such an extent that it is no longer economical to work
such area, the State Government shall permit the lessee, from the date of
receipt of the application, to surrender that area if the following conditions
are satisfied, namely.
(a) the lease-hold area to be
surrendered has been properly surveyed and is contiguous,
(b) the lessee has paid all the
dues payable to the Government under the lease up to the date of application,
and
(c) [the lessee has obtained a
certificate under Rule 29-A:]
Provided also that
surrender of the lease area by the lessee shall be permitted only thrice during
the period of the lease on fulfilling the conditions.
(i) that at least a period of
five years has elapsed since the last surrender; and
(ii) that the provisions of the
mining plan including the environment management plan thereof have been
complied with.
(2) Every application for the
surrender of a part of lease-hold area in accordance with the provisions of
sub-rule (1), shall be accompanied by a deposit of two hundred rupees for
meeting the expenditure for the purpose of survey and demarcation of the area
to be surrendered:
Provided that the lessee
shall deposit such further amount, not exceeding two hundred rupees, as may be
demanded by the State Government for meeting any additional expenditure for the
said purpose within one month from the date of demand of such deposit:
Provided further that where
the whole or any part of the amount deposited has not been expended, it shall
be refunded to the lessee within two months from date of the completion of the
work of survey and demarcation of the area to be surrendered.
(3) [Upon the issuance of the
order by the Regional Controller of Mines or the officer authorized by the
State Government in this behalf, as the case may be, under sub-rule (6) of Rule
23-F of Mineral Conservation and Development Rules, 1988, for forfeiting the
sum assured, on non-performance of the measures contained in the approved mine
closure plan referred to in sub-rule (1) of Rule 23-A of Mineral Conservation
and Development Rules, 1988 by the lessee, it shall be the responsibility of
State Government to realize any letter of credit or bond or any other surety,
guarantee provided or obtained as financial assurance for the purpose of
performance of protective, reclamation and rehabilitation measures as contained
in the approved mine closure plan and shall carry out such measures either by
itself, or appoint an agent to do so.]
Rule - [29-A. Provision for closure.
(1) The lessee shall not
determine the lease or part thereof unless a final mine closure plan duly
approved by the Regional Controller or the officer authorized by the State
Government in this behalf, as the case may be, is implemented as per the
approval.
(2) For the purposes of
sub-rule (1), the lessee shall be required to obtain a certificate from the
Regional Controller of Mines or officer authorized by the State Government in
this behalf, as the case may be, to the effect that protective, reclamation and
rehabilitation work in accordance with the approved mine closure plan or with
such modifications as approved by the competent authority have been carried out
by the lessee.]
Rule - 30. Rights of lessee.
Subject to the conditions
mentioned in Rule 27, the lessee with respect to the land leased to him shall
have the right for the purpose of mining operations on that land—
(a) to work the mines;
(b) to sink pits and shafts and
construct buildings and roads;
(c) to erect plant and
machinery;
(d) to quarry and obtain
building and road materials and make bricks;
(e) to use water and take
timber;
(f) to use land for stacking
purpose;
(g) to do any other thing
specified in the lease.
Rule - 31. Lease to be executed within six months.
(1)
Where, on an application for the grant of a mining lease, an order has been
made for the grant of such lease, a lease deed in Form K or in a form as near
thereto as circumstances of each case may require, shall be executed within six
months of the order or within such further period as the State Government may
allow in this behalf, and if no such lease deed is executed within the said
period due to any default on the part of the applicant, the State Government
may revoke the order granting the lease and in that event the application fee
shall be forfeited to the State Government.
[(2) The date of the
commencement of the period for which a mining lease is granted shall be the
date on which a duly executed deed under sub-rule (1) is registered.]
Rule - 32. Security deposit.
An applicant for a mining
lease, shall before the deed referred to in Rule 31 is executed, deposit as
security for the due observance of the terms and conditions of the lease [ten
thousand rupees].
Rule - [33. Survey of the area leased.
When a mining lease is
granted by the State Government, arrangements shall be made by the State
Government at the expense of the lessee for the survey and demarcation of the
area granted under the lease and the survey of the area leased is to be
conducted by the Total Station and Differential Global Posting System.]
Rule - 34. Manner of exercise of preferential rights for mining lease.
A mining lease to any
person who has a preferential right thereto under sub-section (1) of Section
11, may at his option, be granted to him either for the whole of the area for
which he holds the prospecting licence or such part or parts thereof as he may
select but the State Government may for any special reasons to be recorded in
writing reduce the area or exclude a portion therefrom.
Rule - [35. Preferential rights of certain persons.
Where two or more persons
have applied for a reconnaissance permit or a prospecting licence or a mining
lease in respect of the same land, the State Government shall, for the purpose
of sub-section (2) of Section 11, consider, besides the matters mentioned in
clauses (a) to (d) of sub-section (3) of Section 11,
the end use of the mineral by the applicant.]
Rule - 36. Boundaries below the surface.
The boundaries of the area
covered by a mining lease shall run vertically downwards below the surface
towards the centre of the earth.
Rule - 37. Transfer of lease.
(1) The lessee shall not,
without the previous consent in writing of the State Government and in the case
of mining lease in respect of any mineral specified in [Part
‘A’ and Part ‘B’ of] the First Schedule to the Act, without the previous approval
of the Central Government.
(a) assign, sublet, mortgage,
or in any other manner, transfer the mining lease, or any right, title or
interest therein, or
(b) enter into or make
any [bona
fide] arrangement, contract, or understanding whereby the lessee will or may be
directly or indirectly financed to a substantial extent by, or under which the
lessee's operations or undertakings will or may be substantially controlled by,
any person or body of persons other than the lessee:
Provided further that where
the mortgagee is an institution or a Bank or a Corporation specified in
Schedule V, it shall not be necessary for the lessee to obtain any such consent
of the State Government.
(1-A)
The State Government shall not give its consent to transfer of mining lease
unless the transferee has accepted all the conditions and liabilities which the
transferor was having in respect of such mining lease.
(2) Without prejudice to the
provisions of sub-rule (1) the lessee may, [*
* *] transfer his lease or any right, title or interest therein to a person who
has filed an affidavit stating that he has filed an up-to-date income-tax
returns, paid the income tax assessed on him and paid the income tax on the
basis of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961),
on payment of a fee of five hundred rupees to the State Government:
Provided that the lessee
shall make available to the transferee the original or certified copies of all
plans of abandoned workings in the area and in a belt 65 metres wide
surrounding it:
Provided further that where
the mortgagee is an institution or a Bank or a Corporation specified in
Schedule V, it shall not be necessary for any such institution or Bank or
Corporation to meet with the requirement relating to income tax:
Provided further that the
lessee shall not charge or accept from the transferee any premium in addition
to the sum spent by him, in obtaining the lease, and for conducting all or any
of the operations referred to in Rule 30 in or over the land leased to him.
[* * *]
(3) The State Government may,
by order in writing determine any lease at any time if the lessee has, in the
opinion of the State Government, committed a breach of any of the provisions of
sub-rule (1) or sub-rule (1-A) or has transferred any lease or any right,
title, or interest therein otherwise than in accordance with sub-rule (2):
Provided that no such order
shall be made without giving the lessee a reasonable opportunity of stating his
case.
Rule - 37-A. Transfer of lease to be executed within three months.
Where on an application for
transfer of mining lease under Rule 37, the State Government have given consent
for transfer of such lease, a transfer lease deed in Form O, or a form as near
thereto as possible, shall be executed within three months of the date of the
consent, or within such further period as the State Government may allow in
this behalf.
Rule - [38. Amalgamation of leases.
The State Government may,
in the interest of mineral development and with reasons to be recorded in
writing, permit amalgamation of two or more adjoining leases held by a lessee:
Provided that the period of
amalgamated leases shall be co-terminus with the lease whose period will expire
first:
Provided further that prior
approval of the Central Government shall be required for such amalgamation in
respect of leases for minerals specified in Part ‘A’ and Part ‘B’ of the First
Schedule to the Act.]
Rule - [39. Pending applications for transfer and amalgamation.
An application for the
transfer of a mining lease or the amalgamation of mining leases pending at the
commencement of these rules shall be disposed of in accordance with these
rules.]
Rule - 40. Registers.
(1) A register of applications
for mining leases shall be maintained by the State Government in Form L.
(2) A register of mining leases
shall be maintained by the State Government in Form M.
[CHAPTER IV-A PROCEDURE
FOR OBTAINING PROSPECTING LICENCE-CUM-MINING LEASE OF COAL AND LIGNITE IN
RESPECT OF LAND IN WHICH THE MINERALS VEST IN THE GOVERNMENT
Rule - 40-A. Applicability of this Chapter.
The provisions of this
Chapter shall apply to the grant of prospecting licence-cum-mining lease of
coal and lignite in respect of land in which the minerals vest in the
Government.
Rule - 40-B. Application for prospecting licence-cum-mining lease.
(1) Upon grant of allocation
order or vesting order or allotment order, as the case may be, a successful
allocatee shall make an application in Form Q for grant of prospecting
licence-cum-mining lease, along with such order and any other supporting
documents before such officer or authority as the State Government may specify:
Provided that the State
Government may, for reasons to be recorded in writing, relax requirement of
submission of any of the documents specified in this sub-rule:
Provided further that a
successful allocatee may engage an entity under the second proviso of
sub-section (1) of Section 4 of the Act, in which case, such allocatee shall
apply for grant of mining lease after preparation of geological report in
accordance with Rule 21-B and approval of mining plan in accordance with Rule
22-B and the provisions of Chapter IV shall apply on application, grant and
conditions of such mining lease.
(2) Every application for the
grant of prospecting licence-cum-mining lease shall be accompanied by,
(a) non-refundable fee of ten
thousand rupees;
(b) all documents required for
grant of a prospecting licence as specified under Rule 9; and
(c) the security deposit
specified under Rule 20.
Rule - 40-C. Acknowledgement and disposal of application for prospecting licence-cum-mining lease.
(1) Receipt of an application
for grant of prospecting licence-cum-mining lease shall be duly acknowledged by
the State Government.
(2) The State Government shall
execute a prospecting licence deed in Form F, within a period of ninety days
from the date of receiving of such application, complete in all respects.
(3) The provisions of Rules 14,
16, 18, 19, and 21 shall apply to such prospecting licence.
Rule - 40-D. Conduct of prospecting operations.
(1) Upon execution of a
prospecting licence deed, the said allocatee within the period specified in
Section 7 of the Act, shall undertake prospecting operations, prepare
geological report in accordance with Rule 21-B and submit a mining plan for
approval in accordance with Rule 22-B.
Rule - 40-E. Conduct of mining operations.
(1) Upon approval of mining
plan, the said allocatee shall submit a copy of such approval to the State
Government along with all documents required for grant of mining lease as
specified under Rule 22 for execution of mining lease deed of prospecting
licence-cum-mining lease:
Provided that the State
Government may, for reasons to be recorded in writing, relax requirement of
submission of any the documents specified in Rule 22:
Provided further that the
State Government may, with previous approval of the Central Government, impose
such other conditions for conduct of mining operations in the mining lease
deed, as it may deem fit.
(2) The State Government shall
execute a mining lease deed in Form K of the Schedule I, within a period of
ninety days from the date of receiving of such documents complete in all
respects.
(3) The provisions of Rules
22-A, 22-AA, 22-B, 22-D, 22-E, 22-F, 27, 29-A, 30, 32, 33, 36, 37, 37-A, 38 and
40 shall apply mutatis mutandis,
to such mining lease.
Rule - 40-F. Renewal of prospecting licence.
(1) An application for renewal
of a prospecting licence under the prospecting licence-cum-mining lease deed
for the purpose of completing prospecting operations, shall be made at least
ninety days before the expiry of the prospecting licence and shall be accompanied
by a statement containing,
(a) reasons for renewal;
(b) a report of the details of
prospecting operations undertaken by the applicant;
(c) the details of expenditure
incurred;
(d) the number of man days for
which the work was undertaken; and
(e) the justification for the
additional period required to complete the prospecting work.
(2) Receipt of an application
for renewal shall be duly acknowledged by the State Government within three
days of receipt of such application.
(3) The application for renewal
shall be accompanied by non-refundable fee of rupees one thousand per square
kilometre on a pro rata basis
of the area for which the renewal of the prospecting licence is applied for.
(4) The State Government may
condone delay in submission of an application for renewal of a prospecting
licence made after the time-limit specified in sub-rule (1), provided that such
application has been made before the expiry of the prospecting licence.
(5) An application for the
renewal of a prospecting licence shall be disposed of by the State Government
before the expiry of the period of prospecting licence and if application is
not disposed of within that period, the license shall be deemed to have been
renewed for a period not exceeding the period for renewal of prospecting
licence under sub-section (2) of Section 7 of the Act, or the period for which
the application is made, whichever is less.
Rule - 40-G. Renewal of mining lease.
(1) An application for renewal
of mining lease under the prospecting licence-cum-mining lease shall be dealt
with in accordance with Rules 24-A and 24-B, as the case may be.]
CHAPTER V PROCEDURE
FOR OBTAINING A PROSPECTING LICENCE OR MINING LEASE IN RESPECT OF LAND IN WHICH
THE MINERALS VEST IN A PERSON OTHER THAN THE GOVERNMENT
Rule - 41. Applicability of this chapter.
The provisions of this
chapter shall apply only to the grant of prospecting licences and mining leases
in respect of land in which the minerals vest exclusively in a person other
than the Government.
Rule - 42. Restrictions on the grant of prospecting licence and mining lease.
(1) No prospecting licence or
mining lease shall be granted to any person unless he has filed an affidavit
stating that he has.
(i) filed up-to-date income tax
returns;
(ii) paid the income tax
assessed on him, and
(iii) paid the income tax on the
basis of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961).
(2) Except with the previous
approval of the Central Government, no prospecting licence or mining lease
shall be granted in respect of any mineral specified in the First Schedule to
the Act.
Rule - 43. Renewal of prospecting licence.
[Omitted]
Rule - 44. Conditions of prospecting licence.
Every prospecting licence
shall be subject to the following conditions.
(i) the licensee shall pay the
grantor such prospecting fee as may be agreed upon, [being
not less than one rupee and not more than ten rupees] per hectare of the land
covered by the licence for each year or a part of the year of the period for
which a licence is granted or renewed;
(ii) in the case of minerals
other than gold, silver, precious stones or mica, the licensee shall not win or
carry away the minerals for commercial purposes:
Provided that the licensee
may win or carry away for purposes other than commercial purposes.
(a) any quantity of such
minerals within the limits specified in Schedule III without any payment;
(b) any quantity of such
minerals exceeding such limits but not exceeding twice such limits, which is
won during prospecting operations, on payment of royalty for the time being
specified in the Second Schedule to the Act in respect of those minerals;
(c) any quantity of limestone
not exceeding 500 tonnes for testing its use in any industry specified by the
Central Government in this behalf, on payment of royalty for the time being
specified in the Second Schedule to the Act in respect of limestone;
(iii) in the case of gold,
silver, precious stones or mica the licensee may carry away any quantity won
during the course of prospecting operations on payment of royalty for the time
being specified in the Second Schedule to the Act in respect of such mineral;
(iv) such other conditions as
may be agreed upon between the parties not being inconsistent with the
provisions of the Act or these rules.
Rule - 45. Conditions of mining lease.
Every mining lease shall be
subject to the following conditions.
(i) the provisions of clauses (b) to (l) and (p) to (u) of sub-rule (1) of Rule 27 shall
apply to such leases with the modification that in clauses (c) and (d) for the words “State Government” the word “lessor” shall
be substituted;
[(i-a) mining operations shall be undertaken in accordance with
the mining plan, prepared and approved under Rule 22-B and modified under Rule
22-E;]
(ii) [* * *];
(iii) the lease may contain such
other conditions, not being inconsistent with the provisions of the Act and
these rules, as may be agreed upon between the parties;
(iv) if the lessee makes any
default in payment of royalty as required by Section 9 or commits a breach of
any of the conditions of the lease, the lessor shall give notice to the lessee
requiring him to pay the royalty or remedy the breach, as the case may be,
within sixty days from the date of the receipt of the notice and if the royalty
is not paid or the breach is not remedied within such period, the lessor
without prejudice to any proceeding that may be taken against the lessee
determine the lease;
(v) the lessee may determine
the lease at any time by giving not less than one year's notice in writing to
lessor.
Rule - 46. Transfer or assignment.
(1) No prospecting licence or
mining lease or any right, title or interest in such licence or lease shall be
transferred to a person unless he has filed an affidavit stating that he has
filed an up-to-date income tax return, paid the income tax assessed on him and
paid the income tax on the basis of self-assessment as provided in the Income
Tax Act, 1961 (43 of 1961).
(2) No prospecting licence or
mining lease or any right, title or interest in such licence or lease in
respect of any mineral specified in the First Schedule to the Act shall be
transferred except with the previous approval of the Central Government.
Rule - 47. Submission of copy of licence or lease.
Every person obtaining a
prospecting licence or a mining lease shall, within three months of the grant
of such licence or lease, submit to the State Government concerned a certified
copy of the licence or lease in duplicate.
Rule - 48. Communication of transfer or assignment.
Every transferee or
assignee of a prospecting licence or a mining lease or of any right, title or
interest therein, shall, within one month of such transfer or assignment,
inform the State Government of the transfer or assignment and of the terms and
conditions of such transfer or assignment.
Rule - 49. Prohibition of premium.
No person granting or
transferring a prospecting licence or any right, title or interest in any such
licence or lease shall charge or pay any premium in addition to, or in lieu of
the prospecting fee, surface rent, dead rent or royalty payable under the Act
or such proportionate part of such fee, rent or royalty as is payable in
respect of such right, title, or interest.
Rule - 50. Prohibition of working of mines.
If the State Government has
reason to believe that the grant or transfer of a prospecting licence or a
mining lease or of any right, title or interest in such licence or lease is in
contravention of any of the provisions of this chapter, the State Government
may, after giving the parties an opportunity to represent their views and with
the approval of the Central Government, direct the parties concerned not to
undertake any prospecting or mining operations in the area to which the licence
or lease relates.
Rule - 51. Returns and Statements.
The holder of a prospecting
licence or a mining lease shall furnish to the State Government such returns
and statements and within such period as may be specified by it.
Rule - 52. Penalty.
[* * *]
CHAPTER VI GRANT
OF PROSPECTING LICENCES AND MINING LEASES IN RESPECT OF LAND IN WHICH THE
MINERALS VEST PARTLY IN THE GOVERNMENT AND PARTLY IN PRIVATE PERSONS.
Rule - 53. Chapters III and IV to apply to prospecting licences and mining leases in respect of minerals which vest partly in Government and partly in private persons.
The provisions of Chapters
III and IV shall apply in relation to the grant of prospecting licences and
mining leases in respect of minerals which vest partly in the Government and
partly in a private person as they apply in relation to the grant of
prospecting licences and mining leases in respect of minerals which vest
exclusively in the Government:
Provided that the dead rent
and royalty payable in respect of mineral which partly vest in the Government
and partly in a private person shall be shared by the Government and by that
person in proportion to the shares they have in the minerals.
CHAPTER VII REVISION
Rule - 54. Application for revision.
(1) Any person aggrieved by any
order made by the State Government or other authority in exercise of the powers
conferred on it by the Act or these rules may, within three months of the date
of communication of the order to him, apply to the Central Government in triplicate
in Form N for revision of the order. The application should be accompanied by a
Bank Draft for [five
thousand rupees] on a nationalised bank in the name of ‘Pay and Accounts
Officer, Department of Mines’ payable at New Delhi or through a treasury
challan for [five
thousand rupees] under the Head of Account-0853-Non-ferrous Mining and
Metallurgical Industries-102 Mineral Concession Fees, Rents and Royalties:
Provided that any such
application may be entertained after the said period of three months if the
applicant satisfies the Central Government that he had sufficient cause for not
making the application within time.
(1-A) [*
* *]
(2) In every application under
sub-rule (1) against the order of a State Government refusing to grant a
prospecting licence or a mining lease, any person to whom a prospecting licence
or mining lease was granted in respect of the same area or for a part thereof,
shall be impleaded as party.
(3) Along with the application
under sub-rule (1), the applicant shall submit as many copies thereof as there
are parties impleaded under sub-rule (2).
(4) On receipt of the
application and the copies thereof, the Central Government shall send a copy of
the application to each of the parties impleaded under sub-rule (2) specifying
a date on or before which he may make his representations, if any, against the
revision application.
Rule - 55. Orders on revision application.
(1) On receipt of an
application for revision under Rule 54, copies thereof shall be sent to the
State Government or other authority and to all the impleaded parties calling
upon them to make such comments as they may like to make within three months
from the date of issue of the communication, and the State Government or other
authority and the impleaded parties, while furnishing comments to the Central
Government shall simultaneously endorse a copy of the comments to the other
parties.
(2) Comments received from any
party under sub-rule (1) shall be sent to the other parties for making such
further comments as they may like to make within one month from the date of
issue of the communication and the parties making further comments shall send
them to all the other parties.
(3) The revision application,
the communications containing comments and counter-comments referred to in
sub-rules (1) and (2) shall constitute the records of the case.
(4) After considering the
records referred to in sub-rule (3), the Central Government may confirm, modify
or set aside the order or pass such other order in relation thereto as the
Central Government may deem just and proper.
(5) Pending the final disposal
of an application for revision, the Central Government may, for sufficient
cause, stay the execution of the order against which any revision application
has been made.
CHAPTER VIII MISCELLANEOUS
Rule - 56. Power to rectify apparent mistakes.
Any clerical or
arithmetical mistake in any order passed by the Government or any other
authority or officer under these rules and any error arising therein from
accidental slip or omission, may, within two years from the date of the order,
be corrected by the Government, authority or officer, as the case may be:
Provided that no order
prejudicial to any person shall be passed unless he has been given a reasonable
opportunity for stating his case.
Rule - 57. Copies of licences and leases and annual returns to be supplied to Government.
(1) A copy of every [reconnaissance
permit, prospecting licence and mining lease] granted or renewed under these
rules shall be supplied by each State Government within two months of such
grant or renewal to the Controller General, Indian Bureau of Mines and
the [Director
General, Mines Safety].
(2) A consolidated annual
return of all [reconnaissance
permits, prospecting licences and mining leases] granted or renewed under these
rules shall also be supplied by each State Government to the Controller
General, Indian Bureau of Mines in such form as may be specified by him, not
later than the 30th day of June following the year to which the return relates.
A copy of such return shall also be supplied by the State Government to
the [Director
General, Mines Safety] at the same time.
(3) Every State Government
shall send copies of all returns received by it under sub-rule (1) of Rule 19
and clause (i) of sub-rule (1)
of Rule 27 to the Controller General, Indian Bureau of Mines.
Rule - 58. Reservation of areas for exploitation in the public sector, etc.
[Omitted]
Rule - 59. Availability of area for regrant to be notified.
[(1) No area.
(a) which was previously held
or which is being held under a reconnaissance permit or a prospecting licence
or a mining lease; or
(b) which has been reserved by
the Government or any local authority for any purpose other than mining; or
(c) in respect of which the
order granting a permit or licence or lease has been revoked under sub-rule (1)
of Rule 7-A or sub-rule (1) of Rule 15 or sub-rule (1) of Rule 31, as the case
may be; or
(d) in respect of which a notification
has been issued under the sub-section (2) or sub-section (4) of Section 17; or
(e) which has been reserved by
the State Government or under Section 17-A of the Act;
shall be available for
grant unless.
(i) an entry to the effect that
the area is available for grant is made in the register referred to in sub-rule
(2) of Rule 7-D or sub-rule (2) of Rule 21 or sub-rule (2) of Rule 40 as the
case may be; and
(ii) the availability of the
area for grant is notified in the Official Gazette and specifying a date (being
a date not earlier than thirty days from the date of the publication of such
notification in the Official Gazette) from which such area shall be available
for grant:
Provided that nothing in
this rule shall apply to the renewal of a lease in favour of the original
lessee or his legal heirs notwithstanding the fact that the lease has already
expired:
Provided further that where
an area reserved under Rule 58 or under Section 17-A of the Act is proposed to
be granted to a Government Company, no notification under clause (ii) shall be required to be issued:
Provided also that where an
area held under a reconnaissance permit, or a prospecting licence, as the case
may be, is granted in terms of sub-section (1) of Section 11, no notification
under clause (ii) shall be
required to be issued.]
(2)
The Central Government may, for reasons to be recorded in writing relax the
provisions of sub-rule (1) in any special case.
Rule - 60. Premature applications.
Applications for the grant
of a [reconnaissance
permit, prospecting licence or mining lease] in respect of areas whose
availability for grant is required to be notified under Rule 59 shall, if
(a) no notification has been issued,
under that rule; or
[(b) where any such notification has been issued, the period
specified in the notification has not expired, shall be deemed to be premature
and shall not be entertained.]
Rule - [61. Lessor to supply certain information to the lessee.
Where any area has
previously been held under a reconnaissance permit or prospecting licence or
mining lease, the person who was granted such permit or licence or lease shall
make available to the new permit holder or licensee or lessee the original or
certified copies of all plans of abandoned workings in that area and in a belt
preferably 60 metres surrounding it.]
Rule - 62. Change of name, nationality, etc. to be intimated.
(1)
An applicant for, or the holder of a [reconnaissance
permit, a prospecting licence or a mining lease] shall intimate to the State
Government within sixty days any change that may take place in his name,
nationality or other particulars mentioned in the relevant Forms.
[(2) If the holder of a
reconnaissance permit or a prospecting licence or a mining lease fails, without
sufficient cause, to furnish the information referred to in sub-rule (1), the
State Government may determine the reconnaissance permit or prospecting licence
or mining lease, as the case may be]:
Provided that no such order
shall be made without giving the [permit holder or the licensee or the lessee],
as the case may be, a reasonable opportunity of stating his case.
Rule - 63. Previous approval of the Central Government to be obtained through State Government.
Where in any case previous
approval of the Central Government is required under the Act or these rules,
the application for such approval shall be made to the Central Government
through the State Government.
Rule - [63-A.
The State Government shall
dispose of the application for grant of reconnaissance permit, prospecting licence
or mining lease in the following period:
(a) Reconnaissance
Permit—within
six months from the date of receipt of the application for reconnaissance
permit under Rule 4-A.
(b) Prospecting
Licence—within
nine months from the date of receipt of the application for prospecting licence
under Rule 10.
(c) Mining
Lease—within
twelve months from the date of receipt of the application for mining lease
under Rule 22:
Provided that the aforesaid
periods shall be applicable only if the application for reconnaissance permit,
prospecting licence or mining lease, as the case may be, is complete in all
respects;
Provided further that the
disposal by the State Government in case of minerals listed in the First
Schedule to the Act shall mean either recommendation to the Central Government
for grant of the mineral concession, or refusal to grant the mineral concession
by the State Government under Rule 5 for reconnaissance permit, Rule 12 for
prospecting licence and Rule 26 for mining lease, and in all other cases,
disposal shall mean either intimation regarding grant of precise area, or
refusal to grant the mineral concession under Rule 5 for reconnaissance permit,
Rule 12 for prospecting licence and Rule 26 for mining lease;
Provided also that in case
the State Government is not able to dispose of the application for grant of
reconnaissance permit, prospecting licence or mining lease within the period as
specified above, the reasons for the delay shall be given in writing.]
Rule - 64. How the fees and deposit to be made.
Any amount payable under
the Act or these rules except that payable in respect of revision petition
under sub-rule (1) of Rule 54, shall be paid in such manner as the State
Government may specify in this behalf.
Rule - 64-A.
The State Government may,
without prejudice to the provisions contained in the Act or any other rule in
these rules, charge simple interest at the rate of [twelve
per cent] per annum on any rent, royalty or fee [other than the fee payable
under sub-rule (1) of Rule 54] or other sum due to that Government under the
Act or these rules or under the terms and conditions of any prospecting licence
or mining lease from [*
* *] the expiry of the date fixed by that Government for payment of such
royalty, rent, fee or other sum and until payment of such royalty, rent, fee or
other sum is made.
Rule - [64-B. Charging and instance of payment of royalty in case of minerals subjected to processing.
The royalty shall be
charged on run-of-mine coal or lignite irrespective of its processing within or
outside the leased area:
Provided that the royalty
shall be payable at the time of dispatch from or consumption within the leased
area:]
[Provided further that any
royalty paid under the first proviso shall be subject to adjustment on the
basis of.
(a) final declaration of the
grade of run-of-mine coal or lignite after sampling; or
(b) final declaration of the
National Coal Index of the relevant basket of coal grade or National Lignite
Index, as applicable, on the date of dispatch or consumption,as the case may
be, and payment of shortfall royalty to the lessor or refund of additional
royalty to the lessee shall be made based on such adjustment.]
Rule - 64-C. Royalty on tailings or rejects.
[* * *]
Rule - [64-D. Manner of payment of royalty on minerals on ad valorem basis.
(1) Every mine owner, his
agent, manager, employee, contractor or sub-lessee shall compute the amount of
royalty on minerals where such royalty is charged on ad valorem basis as
follows:
(i) for all non-atomic and non
fuel minerals sold in the domestic market or consumed in captive plants or
exported by the mine owners (other than bauxite and laterite despatched for use
in alumina and metallurgical industries, copper, lead, zinc, tin, nickel, gold,
silver and minerals specified under Atomic Energy Act), the State-wise sale
prices for different minerals as published by Indian Bureau of Mines shall be
the sale price for computation of royalty in respect of any mineral produced
any time during a month in any mine in that State, and the royalty shall be
computed as per the formula given below:
Royalty = Sale price of
mineral (grade wise and State-wise)
published by IBM × Rate of
royalty (in percentage) × Total
quantity of mineral grade
produced/dispatched:
Provided that if for a particular
mineral, the information for a State for a particular month is not published by
the Indian Bureau of Mines, the latest information available for that mineral
in the State shall be referred, failing which the latest information for All
India for the mineral shall be referred.
(ii) for the grades of minerals
produced for captive consumption (other than bauxite and laterite despatched
for use in alumina and metallurgical industries, copper, lead, zinc, tin,
nickel, gold and silver) and those not despatched for sale in domestic market
or export, the sale price published by the Indian Bureau of Mines shall be used
as the benchmark price for computation of royalty.
(iii) for primary gold, silver,
copper, nickel, tin, lead and zinc, the total contained metal in the ore or
concentrate produced during the period for which the royalty is computed and
reported in the statutory monthly returns under Mineral Conservation and
Development Rules, 1988 or recorded in the books of the mine owners shall be
considered for the purposes of computing the royalty in the first place and
then the royalty shall be computed as the percentage of the average metal
prices published by the Indian Bureau of Mines for primary gold, silver,
copper, nickel, tin, lead and zinc during the period of computation of royalty
as follows:
Royalty = sale price × rate
of royalty in percentage
where sale price = Average
price of metal as published by Indian Bureau of Mines during the month × Total
contained metal in ore or concentrate produced × Rupee or Dollar exchange rate
selling as on the last date of the month of computation of royalty:
Provided that in case of
by-product gold and silver the royalty shall be based on the total quantity of
metal produced and such royalty shall be calculated as follows:
Royalty = Sale price × rate
of royalty in percentage
Explanation. For the purpose of this
sub-clause sale price means, average price of metal as published by Indian
Bureau of Mines during the month × Total by product metal actually produced ×
Rupee or Dollar Exchange rate selling as on the last date of the month of
computation of royalty.
(iv) For bauxite or laterite ore
despatched for use in alumina and aluminium metal extraction or despatched to
alumina or aluminium metal extraction industry within India, the total
contained alumina in the bauxite or laterite ore on dry basis produced during
the period for which the royalty is computed and reported in the statutory
monthly returns under Mineral Conservation and Development Rules, 1988 or
recorded in the books of the mine owners shall be considered for the purpose of
computing the royalty in the first place and then the royalty shall be computed
as the percentage of the average monthly price for the contained aluminium
metal in the said alumina content of the ore published by the Indian Bureau of
Mines, on the following basis namely—
Royalty =
|
52.9
100
|
×
|
Percentage of Al2O3 in the bauxite on
dry basis (as reported in the Statutory Monthly return under MCDR)
|
×
|
Average monthly price of aluminium as
published by the IBM
|
×
|
Rupee/dollar exchange rate (selling)
as on the last date of the period of the computation of royalty
|
×
|
Rate of royalty (in percentage)
|
Provided that for computing
the royalty for bauxite or laterite despatched for end use other than alumina
and aluminium metal extraction and for exports provisions of this clause shall
not apply.
(2) In case of metallic ores
based on metal contained in ore and metal prices based on benchmark prices, the
royalty shall be charged on dry basis, and the mine owner shall establish
suitable facilities for collection of sample and its analysis on dry basis at
the mine site.]
Rule - 65. Facilities for training of students.
(1) Every owner, agent or
manager of a mine shall permit students of mining and geological institutions approved
by the Central Government to acquire practical training of the mines and plants
operated by them and provide all necessary facilities required for the training
of such students.
(2) Applications for training
from students of institutions teaching mining or geology should be forwarded to
the owner, agent or manager of a mine through the Principal or Head of the
Institution. Cases of refusal to provide facilities for practical training by
any owner, agent or manager of a mine should be referred to the Controller
General, Indian Bureau of Mines.
Rule - 66. Geophysical data to be supplied to the Geological Survey of India and the Department of Atomic Energy.
(1) A [permit holder or licensee
or lessee] shall furnish.
(a) all geophysical data
relating to prospecting/mining fields or engineering and ground water surveys,
such as anomaly maps, sections, plans, structures, contour maps, logging
collected by him during the course of [reconnaissance or prospecting or mining]
operations to the Director General, Geological Survey of India, Calcutta and
the Director of Geology and Mining of the State in which the [reconnaissance or
prospecting or mining] operations are carried on.
(b) all information pertaining
to investigations of atomic minerals collected by him during the course of
[reconnaissance or prospecting or mining] operations to the [Director, Atomic
Minerals Directorate for Exploration and Research, Hyderabad], and to the
Director of Geology and Mining of the State, in which the [reconnaissance or
prospecting or mining] operations are carried on.
(2) Data or information
referred to in sub-rule (1) shall be furnished every year reckoned from the
date of commencement of the period of the [reconnaissance permit or prospecting
licence or mining] lease.
Rule - [66-A. Special provisions relating to atomic minerals.
(1) Notwithstanding anything
contained in the rules, the prospecting or mining operations in respect of the
atomic minerals listed in Part B of the First Schedule of the Act shall be subject
to following conditions.
(i) if the holder of
prospecting licence or mining lease discovers any atomic mineral in the area
granted under licence or lease, not specified in the licence or lease,
discovery of such mineral shall also be reported to the Director, Atomic
Minerals Directorate for Exploration and Research, Hyderabad within 60 days
from the date of discovery of such mineral;
(ii) the licensee or lessee
shall not win or dispose of such atomic mineral unless such atomic mineral is
included in licence or lease or a separate licence or lease for the purpose has
been obtained;
(iii) the quantities of atomic
minerals recovered incidental to such prospecting/mining operations shall be
collected and stacked separately and a report to that effect shall be sent to
the Secretary, Department of Atomic Energy, Mumbai and the Director, Atomic
Minerals Directorate for Exploration and Research, Hyderabad every three months
for such further action by the licensee or lessee as may be directed by the
Atomic Minerals Directorate for Exploration and Research or the Department of
Atomic Energy.
(2) The licensee or lessee
referred to in sub-rule (1) shall, within the period referred to therein, apply
to the Secretary, Department of Atomic Energy, Mumbai through the State
Government, for grant of a licence to handle the said atomic minerals under the
provisions of the Atomic Energy Act, 1962 (33 of 1962) and the Department of
Atomic Energy shall intimate the state Government regarding issue of licence:
Provided that if in the
opinion of the Department of Atomic Energy the atomic mineral/minerals
recovered incidentally to such prospecting/mining operations is not of
economically exploitable grade or the quantity found is insignificant, it may
advise the State Government to exempt the licensee/lessee from obtaining a
separate licence or lease for/or inclusion of the atomic minerals under these
rules.]
Rule - 67. Lease period.
Where more than one mineral
is found in an area and lease is granted for exploiting two or more minerals,
the periods of lease for all minerals shall be co-terminus with that for which
the first lease was originally granted.
Rule - 68. Repeal.
On the commencement of
these rules, the Mineral Concession Rules, 1949, shall cease to be in force,
except as regards things, done or omitted to be done before such commencement.
CHAPTER IX
Rule - 69. Associated minerals.
The following shall be the
group of associated minerals for the purposes of Section 6 of the Act, namely.
(i) Apatite, Beryl,
Cassiterite, Columbite, Emerald, Felspar, Lepidolite, Mica, Pitchblende,
Quartz, Samarskite. Scheelite, Topaz, Tantalite, Tourmaline.
(ii) Iron, Manganese, Titanium,
Vanadium and Nickel minerals.
(iii) Lead, Zinc, Copper,
Cadmium, Arsenic, Antimony, Bismuth, Cobalt, Nickel, Molybdenum and Uranium
minerals, and Gold and Silver, Arsenopyrite, Chalcopyrite, Pyrite, Pyrrhotite
and Pentlandite.
(iv) Chromium, Osmiridium,
Platinum and Nickel minerals.
(v) Kyanite, Sillimanite,
Corundum, Dumortierite and Topaz.
(vi) Gold, Silver, Tellurium,
Selenium and Pyrite.
(vii) Barytes, Fluorite,
Chalcocite, Selenium and minerals of Zinc, Lead and Silver.
(viii) Tin and Tungsten minerals.
(ix) Limestone, Dolomite and
Magnesite.
(x) Ilmenite, Monazite, Zircon,
Rutile, [Leucoxene],
Garnet and Sillimanite.
(xi) Sulphides of copper and
iron.
(xii) Coal, Fireclay and Shale.
(xiii) Magnetite and Apatite.
(xiv) Magnesite and Chromite.
(xv) Talc (Soapstone and
Steatite) and Dolomite.
(xvi) Celesite, Phosphatic
Nodules, Clay and Gypsum.
Rule - 70. Sand not be treated as minor mineral when used for certain purposes.
Sand shall not be treated
as a minor mineral when used for any of the following purposes, namely.
(i) purposes of refractory and
manufacture of ceramic;
(ii) metallurgical purposes;
(iii) optical purposes;
(iv) purposes of stowing in coal
mines;
(v) for manufacture of
silvicrete cement;
(vi) for manufacture of sodium silicate;
(vii) for manufacture of pottery
and glass.
Rule - 71.
[* * *]
CHAPTER X
Rule - 72. Payment of compensation to owner of surface rights, etc.
[(1) The holder of a
reconnaissance permit or prospecting licence or mining lease shall be liable to
pay to the occupier of the surface of the land over which he holds the
reconnaissance permit or prospecting licence or mining lease, as the case may
be, such annual compensation as may be determined by an officer appointed by
the State Government by notification in this behalf in the manner provided in
sub-rules (2) to (4).]
(2)
In the case of agricultural land, the amount of annual compensation shall be
worked out on the basis of the average annual net income from the cultivation
of similar land for the previous three years.
(3)
In the case of non-agricultural land, the amount of annual compensation shall
be worked out on the basis of average annual letting value of similar land for
the previous three years.
(4)
The annual compensation referred to in sub-rule (1) shall be payable on or
before such date as may be specified by the State Government in this behalf.
Rule - 73. Assessment of compensation for damage.
[(1) After the termination
of a reconnaissance permit or a prospecting licence or a mining lease, the
State Government shall assess the damage, if any, done to the land by the
reconnaissance or prospecting or mining operations and shall determine the
amount of compensation payable by the permit holder or licensee or the lessee
as the case may be, to the occupier of the surface land.]
(2)
Every such assessment shall be made
within a period of one year from the date of termination of the [reconnaissance
permit or prospecting licence or mining lease] and shall be carried out by an
officer appointed by the State Government by notification in this behalf.
Rule - 74. Issue of notification where prospecting operations are to be undertaken by the Geological Survey of India, etc.
(1) Where a prospecting
operation is to be undertaken by the Geological Survey of India, the Indian
Bureau of Mines, the Atomic Minerals Division of the Department of Atomic
Energy of the Central Government, the Directorate of Mining and Geology of any
State Government (by whatever name called), or the Mineral Exploration
Corporation Limited, the State Government shall issue a notification in the
Official Gazette giving details of the area, and the period for which
prospecting operations are to be undertaken.
(2) The State Government shall
not grant any prospecting licence or mining lease to any other person for an
area or a part thereof in relation to which a notification has been issued
under sub-rule (1).
(3) The State Government may
revoke a notification issued under sub-rule (1), if the prospecting operations
have been completed before the expiry of the period stated in the notification.
Rule - 75. Prospecting or mining operation by State Governments.
(1) Where a State Government
proposes to undertake prospecting or mining operations of any mineral, it shall
issue a notification in the Official Gazette giving details of the area and the
period for which such operations are proposed to be undertaken:
[Provided that if the State
Government fails to undertake prospecting or mining operation within the period
mentioned in the notification, the notification so issued shall lapse at the
expiry of the said period unless the period is extended by a fresh
notification.]
(2) [* * *]
[CHAPTER XI PENALTY
Rule - 76. Penalty.
(1) Any person who contravenes
sub-rules (1), (2) and (3) of Rule 7, sub-rules (1), (2) and (3) of Rule 14,
sub-rules (1) and (2) of Rule 16, Rules 18, 19, 22-A, sub-rule (1) of Rule
22(E), Rule 22-F, sub-rules (1), (2) and (3) of Rule 27, Rules 27-A and 29-A,
sub-rule (1) of Rule 37, Rules 40-D, 42, 44 to 51, sub-rule (1) of Rule 62,
Rules 66, 66-A and 72 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 continuing contravention, with additional fine
which may extend to fifty thousand rupees for every day during which such
contravention continues after conviction for such contravention.
(2) Any person who contravenes
Rules 20, 21-B, sub-rules (1), (2), (4), (5) and (6) of Rule 22-B, Rules 32,
33, 37-A and 40-B, second proviso to sub-rule (1) of Rule 40-E, Rules 61 and
64-A shall be punishable with fine which may extend to five lakhs rupees, 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 such contravention.]
SCHEDULE
I
[See Rule 2(ii)]
[INDEX
|
1.
|
Application for Reconnaissance Permit
|
Form A
|
|
2.
|
Application for Prospecting Licence
|
Form B
|
|
3.
|
Receipt of applications for
Prospecting Licence/Mining Lease or renewals
|
Form D
|
|
4.
|
Receipt of application for
Reconnaissance Permit
|
Form D-1
|
|
5.
|
Application for renewal of
Prospecting Licence
|
Form E
|
|
6.
|
Prospecting Licence Deed
|
Form F
|
|
7.
|
Reconnaissance Permit Deed
|
Form F-1
|
|
8.
|
Register of applications for
Prospecting Licences
|
Form G
|
|
9.
|
Register of applications for
Reconnaissance Permits
|
Form G-1
|
|
10.
|
Register of Prospecting Licences
|
Form H
|
|
11.
|
Register of Reconnaissance Permits
|
Form H-1
|
|
12.
|
Application for Mining Lease
|
Form I
|
|
13.
|
Application for renewal of Mining
Lease
|
Form J
|
|
14.
|
Mining Lease Deed
|
Form K
|
|
15.
|
Register of applications for Mining
Lease
|
Form L
|
|
16.
|
Register of Mining Leases
|
Form M
|
|
17.
|
Application for revision
|
Form N
|
|
18.
|
Model form for transfer of Mining
Lease
|
Form O]
|
|
[19.
|
Model Form for transfer of
Prospecting Licence
|
Form P]
|
[Form A
“To be submitted in
quadruplicate”
Received
at…………
(place) on……………
(Date)
Initial of Receiving Officer
GOVERNMENT OF………….
(APPLICATION FOR
RECONNAISSANCE PERMIT)
[See Rule 4]
Dated day of 20….
To
Through
Sir,
(1) I/We request that a
reconnaissance permit under the Mineral Concession Rules, 1960 be granted to
me/us.
(2) A sum of Rs ………. being the
fee in respect of this application at the rate of Rs 5 per square kilometre or
part thereof payable in accordance with the Mineral Concession Rules, 1960 has
been deposited.
(3) The required particulars
are given below.
(i) Name of the applicant with
complete address.
(ii) Is the applicant a private
individual/private company/public company/firm or association?
(iii) In case applicant is:
(a) an individual, his
nationality;
(b) a company, an attested copy
of the certificate of registration of the company shall be enclosed;
(c) firm or association, the
nationality of all the Partners of the firm or members of the association;
(iv) Profession or nature of
business of applicant;
(v) No. and date of the valid
clearance certificate of payment of mining dues (copy attached);
(vi) If on the date of
application the applicant does not hold a reconnaissance permit, it should be
stated whether an affidavit to this effect has been furnished to the
satisfaction of the State government;
(vii) Mineral or minerals which
the applicant intends to prospect;
(viii) Period for which the
reconnaissance permit is required;
(ix) Extent of the area the
applicant wants to prospect;
(x) Details of the area in
respect of which reconnaissance permit is required:
(xi) Particulars of the areas
mineral-wise within the jurisdiction of the State Government for which the
applicant or any person joint in interest with him;
(a) already holds under
reconnaissance permit;
(b) has already applied for but
not granted;
(c) being applied for
simultaneously.
(xii) Nature of joint interest,
if any;
(xiii) If the applicant intends to
supervise the works, his previous experience of reconnaissance, prospecting and
mining operations should be explained; if he intends to appoint a manager, the
name of such manager, his qualifications, nature and extent of his previous
experience should be specified and his consent letter should be attached;
(xiv) Financial resources of the
applicant;
(xv) Particulars of receipted
treasury challan attached for the amount referred to at 2 above;
(xvi) The works proposed to be
undertaken alongwith their physical annual targets;
(xvii) The scheme of relinquishment of the area;
(xviii) Anticipated minimum annual
expenditure (activity of workwise);
(xix) Any other particulars or
sketch map which the applicant wishes to furnish.
I/We do hereby declare that
the particulars furnished above are correct and am/are ready to furnish any
other details, including accurate plans as may be required by you.
Yours faithfully,
(Signature and designation
of the applicant)
Place
Date
The topographical map of 1”
= 1 mile scale [or
1,50,000] is obtainable from the office of the Survey of India, Hathibarkhala,
Dehradun.
Detailed plan and
topographical map are to be attached in quadruplicate with the original
application.
Note: 1. If the application is
signed by an authorised agent of the applicant, Power of Attorney should be
attached.
2. The application should
relate to one compact area only.]
Form B
“To be submitted in
Triplicate”
Received
at…………
(place) on……………
(Date)
Initial of Receiving
Officer
GOVERNMENT OF………….
MODEL FORM
Application for Prospecting
Licence
[See Rule 9(1)]
Dated day of 20…
To
Through
Sir,
(1) I/We request that a
prospecting licence under the Mineral Concession Rules, 1960 be granted to
me/us.
(2) A sum of Rs………. being the
fee in respect of this application at the rate of Rs 50 for the first square
kilometre or part thereof and Rs 10 for subsequent square kilometre or part
thereof payable in accordance with Schedule II to the Mineral Concession Rules,
1960 has been deposited.
(3) The required particulars
are given below.
(i) Name of the applicant with
complete address.
(ii) Is the applicant a private
individual/private company/public company/firm or association?
(iii) In case applicant is:
(a) an individual, his
nationality,
(b) a company, an attested copy
of the certificate of registration of the company shall be enclosed,
(c) [omitted]
(d) firm or association, the
nationality of all the partners of the firm or members of the association.
(iv) Profession or nature of
business of applicant.
(v) [omitted]
(vi-a) No. and date of the valid
clearance certificate of payment of mining dues (copy attached).
(vi-b) If on the date of application
the applicant does not hold a prospecting licence, it should be stated whether
an affidavit to this effect has been furnished to the satisfaction of the State
Government.
(vi) Mineral or minerals which
the applicant intends to prospect.
(vii) Period for which the
prospecting licence is required.
(viii) Extent of the area the
applicant wants to prospect.
(ix) Details of the area in
respect of which prospecting licence is required.
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District
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Taluq
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Village
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Khasra No.
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Plot No.
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Area
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(x-a) (a) Does the applicant have surface rights over the area for
which he requires a prospecting licence?
(b) If not, has he obtained the consent of the owner, and the
occupier of the land for undertaking prospecting operations. If so, the consent
of the owner and the occupier obtained in writing be filed.
(x) Brief description of the
area with Particular reference to the following:
(a) the situation of the area
in respect to natural features such as streams, etc.
(b) in the case of village,
areas, the name of the village and if only a part of the village is applied
for, the khasra number, the area in hectares of each field or part thereof
applied for.
N.B.
The
areas shall cover whole or recognised part survey numbers.
(c) In the case of forest
areas, the name of the working circle, the range and the felling series.
(d) For areas where no forest
maps or cadestral maps are available, a sketch plan should be submitted on
scale showing the area applied for together with boundary, if any, of any other
existing mining lease or prospecting licence area if the area applied for has
any common point or line with the boundaries of existing prospecting licence or
mining lease areas.
(xi) The areas applied for
should be marked on plans as detailed below:
(a) In case a cadestral map of
the area is available, the area on this map should be marked showing the name
of the village, Khasra number and area in hectares of each field and part
thereof.
N.B.
The
area applied for shall cover whole survey numbers.
(b) In the case of forest maps,
the area should be marked on the map showing the range and felling series.
(c) In case neither cadestral
nor forest maps are available, the area should be marked on sketch plan drawn
to scale showing on this plan all important surface and natural features, the
dimensions of the lines forming the boundary of the area and the bearing and
distance of all corner points from any important, prominent and fixed point or
points.
(xii) An affidavit, that the
up-to-date income tax returns, as prescribed under the Income Tax Act, 1961,
have been filed, and tax due, including the tax on account of self-assessment
has been paid.
(xiii) Particulars of the areas
mineral-wise within the jurisdiction of the State Government for which the
applicant or any person joint in interest with him:
(a) already holds under
prospecting licence;
(b) has already applied for but
not granted;
(c) being applied for
simultaneously.
(xiv) Nature of joint in
interest, if any.
(xv) If the applicant intends to
supervise the works, his previous experience of prospecting and mining should
be explained; If he intends to appoint a manager, the name of such manager, his
qualifications, nature and extent of his previous experience should be
specified and his consent letter should be attached.
(xvi) Financial resources of the
applicant.
(xvii) Particulars of receipted
treasury challan attached for the amount referred to at 2 above.
(xviii) Any other particulars or
sketch map which the Applicant wishes to furnish.
I/We do hereby declare that
the particulars furnished above are correct and am/are ready to furnish any
other details, including accurate plans as may be required by you.
Yours faithfully,
(Signature and designation
of the applicant)
Place
Date
The topographical map of 1”
= 1 mile scale [or
1,50,000] is obtainable from the office of the Survey of India, Hathibarkhala,
Dehra Dun.
Detailed plan and
topographical map are to be, attached in triplicate with the original
application in case mineral applied for is a scheduled mineral.
Note
1.If
the application is signed by an authorised agent of the applicant, Power of
Attorney should be attached.
2. The application should
relate to one compact area only.
3. Such large-size map, as
may be available, should be attached for proper demarcation of the areas,
specially when the area Applied for is 40 hectares or less.
Form D
Receipt of Applications for
Prospecting Licence/Mining Lease or Renewals
[See Rules 10(4) and 23(4)]
Government of Dated
Sl. No.
Received the application
with the following enclosures for a prospecting licence/mining lease/renewal of
prospecting licence/renewal of mining lease of Shri/Sarvashree ………………. on ………
20… for about …………… hectare of land located in village/Govt. Forest Taluq
………………………. District for prospecting/mining ……………………. mineral/minerals.
Enclosures:
Place
Date
Signature and designation
of Receiving Officer
[Form D-1
(Receipt of Application for
Reconnaissance Permit)
(See Rule 4-A)
Government of Dated
Sl. No. Government
of Dated
Received the application
with the following enclosures for a reconnaissance permit of Shri/Sarvashree
…………… on ……………20…… for ………… square kilometres of land located in
village/Government Forest Taluq …………… District for reconnaissance of ………………
mineral/minerals.
Enclosures:
Place
Date
Signature and designation
of the Receiving Officer]
Form E
MODEL FORM
“To be submitted in
duplicate”
Government of
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Received……………
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Application for Renewal of
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at ………………(Place)
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Prospecting Licence
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on……….…………(date)
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[See Rule 9(1)]
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Initial of Receiving Officer
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Dated Day of 20…
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To
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Through
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Sir,
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I/We request for renewal of my/our
prospecting licence under the Mineral Concession Rules, 1960.
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A sum of Rs………. being the fee in
respect of this application at the rate of Rs. 50 for the first square kilometre
or part thereof and Rs. 10 for subsequent square kilometre or part thereof
payable in accordance with Schedule II to the Mineral Concession Rules, 1960
has been deposited.
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2. The required particulars are given
below—
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(i) Name of the applicant with complete address.
(ii) Is the applicant a private individual/private
company/public company/firm or association?
(iii) In case applicant is:
(a) an individual, his nationality,
(b) a company, an attested copy of the certificate of
registration of the company shall be enclosed,
(c) [Omitted]
(d) firm or association, the nationality of all the partners of
the firm or members of the association.
(iv) Profession or nature of business of applicant.
(v) [Omitted]
(vi) [Omitted]
(vi-a) No. and date of the valid clearance certificate of
payment of mining dues (copy enclosed).
(vii) An affidavit, that up-to-date income tax returns, as
prescribed under the Income Tax Act, 1961, have been filed and the tax due,
including the tax on account of self-assessment has been paid.
(viii) (a)
Particulars of the prospecting licence of which renewal is desired.
(b) Details of previous renewal/renewals granted, if any.
(ix) Reasons in detail for asking for renewal of prospecting
licence along with a report on the prospecting already done.
(x) Period for which renewal of prospecting licence is desired.
(xi) Whether renewal is desired for the whole or part of the
area held under prospecting licence.
(xii) In case the renewal applied for is only for part of the
area held under prospecting licence.
(a) the area applied for renewal.
(b) description of the area applied for renewal (description
should be adequate for the purposes of demarcating the plot).
(c) particulars of the map of area held under prospecting
licence with area applied for renewal clearly marked on it attached.
(xii-A) (a)
Does the applicant continue to have he surface rights over the areas of the
land for which he requires renewal of the prospecting licence?
(b) If not, has he obtained the consent of the owner and the
occupier for undertaking prospecting operations? If so, the consent of the
owner and occupier of the land obtained in writing, be filed.
(xii-B) Particulars of the area mineral-wise in each State only
supported by an affidavit for which the applicant or any person jointly in
interest with him—
(a) already holds under prospecting licence;
(b) has already applied for but not granted; or
(c) being applied for simultaneously.
(xiii) Any other particulars which the applicant may wish to
furnish.
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I/We do hereby declare that the
particulars furnished above are correct and am/are ready to furnish any other
details, including accurate plans, as may be required by you.
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Yours faithfully,
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Place
Date
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Signature and designation of
the applicant
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N.B.—If the application
is signed by an authorised agent of the applicant, Power of Attorney should
be attached.
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Form F
Model Form of Prospecting
Licence
[See Rule 15(2)]
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When the licensee is an individual
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This Indenture made this……………. day
of………. 20 Between the Governor of ……/the President of India (hereinafter
Referred to as the ‘State Government’ which expression shall where the
context so admits be deemed to include his successors and assigns) of the one
part and…………………………
(name of person with Address and occupation)
(hereinafter referred to as “the licensee” which expression shall where the
context so admits be deemed to include his heirs, executors, administrators,
representatives and permitted assigns).
…………………………………………
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When the licensee are more than one
individual.
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…………………………………… (Name of person with
address and occupation) and………………. (Name of person with addresses and
occupation) (hereinafter referred to as “the licensees” which expression
shall where the context so admits be deemed to include their respective
heirs, executors, administrators, representatives and permitted assigns).
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When the licensee is a registered
firm
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………………………………………. (Name and address of
partner) son of ……………. of…………… son of………. of.……………… son of… of……all carrying
on business in partnership under the firm name and style of (name of the
firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and
having their registered office at………….in the town of……………… (hereinafter
referred To as “the licensees” which expression shall where the context so
admits be deemed to include all the said partners, their respective heirs,
executors, legal representatives and permitted assigns).
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When the licensee is a registered
company
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………………………………………………………. (Name of
company) a company registered under……………………………. (Act under which
incorporated) and having its registered office at………. (Address) (hereinafter
is a referred to as “the licensee” which expression shall where the context
so admits be deemed to include its successors and permitted assigns) of the
other part.
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Whereas the licensee/licensees
has/have applied to the State Government in accordance with the Mineral
Concession Rules, 1960 (hereinafter referred to as the said Rules) for a
licence to prospect for……………… in the land specified in Schedule ‘A’ hereunder
written and delineated in the plan herewith annexed (hereinafter referred to
as the said lands) and has/have deposited with the State Government Rs………… as
the prescribed security in respect of such licence and has/have paid to the
State Government the sum of Rs………. as the prescribed prospecting fee for……….
months/years in advance in respect of such licence and whereas there is no
objection to the grant of such licence/and whereas the Central Government has
approved the grant of this licence now these presents witness as follows:
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Part I
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In consideration of the fee,
royalties, covenants, and agreements hereinafter reserved and contained and
on the part of the licensee/licensees to be paid observed and performed the
State Government hereby grants and demises into the licensee/licensees the
sole rights and licence.
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To enter upon the lands and to search
for, win or carry away and dispose of minerals won.
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(1)
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(1) To enter upon the said lands and
to search for by quarrying, boring and digging or otherwise all or
any……………………. (Name of minerals) lying or being within under or throughout the
said lands;
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(2)
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In the case of minerals other than
gold, silver, precious stones or mica, this licence shall not confer upon the
licensee a right to win or carry away the minerals for commercial purposes:
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Provided that the licensees may win
and carry away for purposes Other than commercial purposes—
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(a)
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any quantity of such minerals within
the limits specified in Schedule III of the Mineral Concession Rules, 1960,
without any payment;
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(b)
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any quantity of such minerals
exceeding such limits but not exceeding twice such limits, which is won
during prospecting operations on payment of royalty for the time being
specified in the Second Schedule to the Act in respect of those minerals;
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(c)
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any quantity of limestone not
exceeding 500 (tonnes) for testing its use in any industry specified by the
Central Government in this behalf, on payments of royalty for the time being
specified in the Second Schedule to the Act in respect of limestone;
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(d)
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With the written approval of the
State Government, the licensee may carry away quantities of minerals in
excess of twice the limit specified in the Schedule III on payment of royalty
for the time being specified in the Second schedule to the Act, for chemical,
metallurgical, ore-dressing and other test purposes;
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To clear undergrowth and brushwood,
etc.
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(3)
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Subject to the provisions of Clauses
5 and 6 of Part II of these presents for the purpose aforesaid to clear
undergrowth and brushwood and trees with the sanction of the Deputy
Commissioner/Collector previously obtained in writing, to make and use any
drains or water courses on the said lands for purposes as may be necessary
for effectually carrying on the prospecting operations and for the workmen
employed thereon and with the like sanction to use any water provided always
that such use shall not diminish or interfere with the supply of water to
which any cultivated land, building or watering place, for livestock has
heretofore been accustomed and streams, springs or well shall be fouled or
polluted by any such use or the operations hereby licensed.
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To bring upon and erect machinery,
etc. on the said lands.
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(4)
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To erect and bring upon the said
lands all such temporary huts, sheds and structures steam sand other engine
machinery and conveniences, chattels and effects as shall be proper and
necessary for effectually carrying on the prospecting operations hereby
licensed or for the workmen employment thereon.
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Reserved nevertheless to the State
Government full power and liberty at all times to enter into and upon and to
grant or demise to any person or persons whomsoever liberty to enter into and
upon the said lands for all or any purposes other than those for which sole
rights and licence are hereby expressly conferred upon the licensee/licensees
and particularly (and without hereby in any way qualifying such general power
and liberty) to make on, over or through the said lands such roads, tramways
and ropeways as shall be considered necessary or expedient for any purposes
and to obtain from and out of the said lands such stone, earth or other
materials as may be necessary or requisites for making, repairing or
maintaining such roads, tramways, railways and ropeways to pass and repass at
all times over and along such roads, tramways, railways and ropeways for all purposes
and as occasion shall require.
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To hold the said right and licence
unto the licensee/licensees from the date of these presents for the term of
(hereinafter referred to as the said term).
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Paying therefor annually in advance a
sum of Rs………………… being the prospecting fee for each year or portion of a year
and immediately on the expiration of sooner determination of the said term
clear of all fees, rates, taxes, charges, deductions and royalty at the rates
specified in Schedules ‘B’ and ‘C’ hereunder written on the minerals won and
carried away by the licensee/licensees during the said terms.
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Part II
Covenants by
Licensee/Licensees
The licensee/licensees
hereby covenants/covenant with the State Government as follows—
(1) Payment
and rates of royalty.—To
pay royalty to the State Government at such rates and at such time as are
specified in Schedule ‘C’ hereunder written provided that the
licensee/licensees shall be entitled to carry away free of royalty not more
than……………. for experimental purposes.
(2) Payment
of prospecting fee.—To
pay annually in advance a prospecting fee in respect of ensuing year or part of
the year at such rates and time as are specified in Schedule ‘B’ hereunder
written.
(3) To
carry on work in workman-like manner.—To work and carry on the operations hereby
licensed in a fair orderly skilful and workman-like manner and with as little
damage as may be to the surface of the lands and to trees, crops, buildings
structures and other property thereon.
(4) Maintenance
of correct accounts.—Licensee/licensees
shall maintain a correct and faithful account of all the expenses incurred by
him/them on prospecting operations and also the quantity and other particulars
of all minerals obtained during such operations and their despatch.
(5) No
mining operations within 50 metres of public work, etc..—The licensee/licensees
shall not work or carry on or allow to be worked or carried on any prospecting
operations at or to any points within a distance of 50 metres from any railway
line except with the previous written permission of the Railway Administration
concerned or from any reservoir, canal or other public works such as public
roads and buildings or inhabited site except with the previous written
permission of the Deputy commissioner/Collector or any other officer authorised
by the State Government in this behalf and otherwise than in accordance with
such instructions, restrictions and conditions either general or special which
may be attached to such permission. The said distance of 50 metres shall be measured
in the case of railway line, reservoir or canal horizontally from the outer toe
of edge bank or the outer edge of the cutting as the case may be and in case of
a building horizontally from the plinth thereof. In the case of village roads
no workings shall be carried on within a distance of 10 metres of the outer
edge of the cutting except with the previous written permission of the Deputy
Commissioner/Collector or any other officer duly authorised by the State
Government in this behalf and otherwise than in accordance with such
directions, restrictions and additions, either general or special, which may be
attached to such permission.
Explanation. For the purposes of this
clause the expression ‘Railways Administration’ shall have the same meaning as
it is defined to have in the Indian Railways Act, 1890, by clause (6) of
Section 3 of that Act. ‘Public Road’ shall mean a road which has been
constructed by artificially surfaced as distinct from a tract resulting form
repeated use. Village road will include any track shown in the Revenue records
a village road.
(6) Not
to cut or injure trees in reserved forest, etc. without previous permission.—Not to cut or injure any
timber or tree on any unoccupied or unreserved land without the written permission of the Deputy
Commissioner/Collector nor without such permission disturb the surface of any
road or enter upon any public pleasure ground, burning or burial ground or any
place held sacred by any claws of persons or Interfere with any right of way,
well or tank.
(7) Not to enter upon any land
in the occupation of any person without the consent of the occupier nor to cut
or in any way injure any trees, standing crops, buildings buts, structures or other property of any kind, occupier
of any land or any other person without the written consent at such owner,
occupier or person.
(8) Not
to commence work in reserved forest without previous permission.—Not to enter upon or
commence prospecting in any protected or reserved forest situated upon the
lands without obtaining the written sanction of the District Forest Officer nor
otherwise than in accordance with such conditions as may be prescribed in such
sanction. Indemnify Government against all claims.
(9) To make reasonable
satisfaction and pay such compensation as may be assessed by lawful authority
in accordance with the law in force on the subject for all damage, injury, or disturbance which may be done by him
in exercise of the powers granted by this licence and to indemnify and keep
indemnified fully and completely the State Government against all claims which
may be by any person or persons in respect of any such damage, injury or
disturbance and all costs and expanses in connection therewith.
(9-A)
To pay a wage not less than the minimum wage prescribed by the Central or State
Government from time to time.
(9-B)
To comply with the provisions of the Mines Act, 1952.
(9-C)
To take measures, at his own expense, for the protection of environment like
planting of trees, reclamation of mined land, use of pollution-control devices,
and such other measures as may be prescribed by the Central or State Government
from time to time.
(9-D)
To pay compensation to the occupier of the surface of the land on the date and
in the manner laid down in these rules.
(10) Forfeiture
of security deposits, etc.—Whenever the security deposit of Rs………. or any part thereof or any further sum
hereafter deposited with the State Government in replenishment thereof shall be
forfeited or applied by the State/Central Government. Pursuant to the power
hereinafter declared in that behalf the licensee/licensees shall forthwith
deposit with the State Government such further sum as may be sufficient with
the unappropriated part thereof to bring the amount in deposit with the State
Government up to the sum of Rs………………
(11) Licensee
not to be Controlled by trust, syndicate, etc.—The licensee/licensees shall not be
controlled or permit himself/themselves to be controlled by any trust,
syndicate, corporation, firm or person except with the written consent of the
State Government which will be
given only after obtaining the prior approval of the Central Government in
cases where prospecting licence executed is in respect of minerals included in
the First Schedule to the Act.
(12) Report
of accident.—The
licensee/licensees without delay send to the Deputy Commissioner/Collector a
report of any accident causing death or serious bodily injury or serious injury to property or seriously
affecting or endangering life or property which may occur in the course of the
operations under this licence.
(13) Section
18 of the Act 67 of 1957.—The
licensee/licensees shall be bound by such rules as may be issued by the Central Government under Section 18 of the
Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957) and
shall not carry on prospecting or other operations under the said licence in
any way other than as prescribed under these rules.
(14) To
provide for weighing or measurement of material won.—At such times and
occasions as may be required the licensee/licensees shall well and truly measure
or weigh or cause to be
measured or weighed upon some part of the said lands all minerals from time to
time won from the said lands by the licensee/licensees and all such minerals as
may require to be measured or weighed for the purpose of ascertaining the
royalty payable under these presents shall be so measured or weighed. The
licensee/licensees agrees/agree not to take away from the said lands any
minerals so won until the same shall have been measured or weighed as the case
may be. The licensee/licensees further agrees/agree to give…………. days previous
notice in writing to the Deputy Commissioner/Collector of every such measuring
or weighing in order that he or some person on his behalf may be present
thereat.
Plugging of bore holes,
fencing, etc., and restoring the surface of land after determination of
abandonment.
(15) Save in the case of land
over which the licensee/licensees shall have been granted a mining lease, on or
before the expiration or sooner determination of the licence, he shall within
six months next after the expiration or sooner determination of the licence or
date of abandonment of the
undertaking, whichever shall first occur, securely plug any bore or hole and
fill up or fence any holes or excavations that may have been made in the lands
to such an extent as may be required by the Deputy Commissioner/Collector
concerned and shall to a like extent restore the surface of the land and all
buildings there on which may have been damaged or destroyed in the course of
prospecting provided that licensee/licensees shall not be required to restore
the surface of the land, or any building in respect of which full and proper
compensation has already been paid.
(16) Removal
of machinery, etc. after expiration, determination of abandonment.—Upon the expiration or
sooner determination of this licence or the abandonment of the operations
hereby licensed, whichever shall first occur, the licensee/licensees shall
remove expeditiously at his/their own cost all buildings, structures, plant,
engines machinery, implements, utensils and other property and effects
theretofore, erected or brought by the licensee/licensees and then standing or being upon the said lands and
also all minerals theretofore won by the licensee/licensees under the authority
of these presents and then being upon the said lands provided that this
covenant shall not apply to any part of the said lands which may be comprised
in any mining lease granted to the licensee/licensees during the subsistence of
this licence.
(17) Report
of work done before the refund of security deposits.—At any time before the
said security deposit is returned to him/them or transferred to any other
account or (within one month after the expiration or sooner determination of
the licence or abandonment of the operations
whichever is earlier, the licensee/licensees shall submit to the State
Government confidentially a full report of the work done by him/them and
disclose all information acquired by him them in the course of the operations
carried on under this licence regarding the geology and mineral resources of
the area covered by the licence.
(17-A)
(1) Report of information
obtained by Licensee.—The licensee shall submit to State Government:
(a) a quarterly report of the
work done by him stating the number of persons engaged and disclosing in full
the geological, geophysical, or other valuable data collected by him during the
period. The report shall be submitted within three months of the close of the
period to which it relates;
(b) within three months of the
expiry of the licence, or abandonment of operations or termination of the
licence, whichever is earlier, a full report of the work done by him and all
information relevant to mineral resources acquired by him in the course of prospecting
operations in the area covered by the licence.
(2) While submitting
reports under clause (1), the licensee may specify that the whole or any part
of the report or data submitted by him shall be kept confidential and the State
Government shall thereupon keep the specified portions as confidential for a
period of two years from the expiry of the licence, or abandonment of
operations or termination of the licence, whichever is earlier.
(18) Employment
of foreign nationals.—the
licensee/licensees shall not employ, in connection with the prospecting
operation any person who is not an Indian National except with the previous
approval of the Central Government.
(19) Furnishing of Geophysical data.—The
licensee/licensees shall furnish:
(a) all geophysical data
relating to prospecting or engineering and ground water surveys, such as
anomaly maps, sections, plans, structures, contour maps, logging, collected by
him/them during the course of prospecting operations to the Director General,
Geological Survey of India, Calcutta;
(b) all information pertaining
to investigations of radio active minerals collected by him/them during the
course of prospecting operations to the Secretary to the Department of Atomic
Energy, New Delhi.
(c) Data or information
referred to above shall be furnished every year reckoned from the date of
commencement of the period of the prospecting licence.
Part III
Powers of the government
It is hereby agreed as
follows.
(1) Cancellation
of the licence and forfeiture of the deposit in case breach of conditions.—In the case of any breach
of the condition of the licence/licences or his transferees or assignees, the
State Government shall give a reasonable opportunity to the licensee/licensees
of stating him/their case and where it is satisfied that the breach is such as
cannot be remedied, on giving thirty days notice to the licensee/licensees or
his transferees or assignees, determine the licence and or forfeit the whole or
any part of the said deposit of Rs……… deposited under the covenants in that
behalf as the State Government may deem fit. In case the State Government
considers the breach to be of a remediable nature, it shall give notice to the
licensee/licensees or his transferees or assignees as the case may be requiring
him/them to remedy the breach within thirty days from the date of receipt of
the notice informing him of the penalty proposed to be inflicted if such remedy
is not made within such period.
(2) Application
of security to payment of compensation.—The State Government may from time to time
appropriate and apply the said deposit of Rs……. or any part thereof or any
further sum deposited under any covenants in that behalf hereinbefore contained
in or towards payment or satisfaction of any claims to compensation which the
Government has or may have against the licensee/licensees and/or which may be
made by any person or persons against the licensee/licensees and or the State
Government in respect of any damage or injury done by the licensee/licensees in
exercise of any of the powers conferred by this licence and in or towards
payment of any damages, costs or expenses which may become payable as the
result of or in connection with any suits or proceedings which may be
instituted against the State Government in respect of any such damage or injury
and also in or towards payment of the expense of the carrying out or
performance of any works or matters which the licensee/licensees shall fail to
carry out or perform after the expiry or sooner determination of this licence
or the abandonment of the operations hereby licensed in accordance with the
covenants in that behalf hereinbefore contained or in payment or satisfaction
of any such claims, damages, costs and expenses.
(3) When
the properties of licensee are not removed from the lands in time.—If any buildings, structures,
plants, engines, machinery implements utensils or other property or effects or
any minerals which ought to be removed by the licensee/licensees from the said
lands, in accordance with the covenant in that behalf hereinbefore contained be
not so removed within one calendar month after notice in writing requiring
their removal shall have been given to the licensee/licensees by the State
Government, the same shall be deemed to become the property of the State
Government and may be sold or disposed of for the benefit of the State
Government in such manner as the State Government shall deem fit, without any
liability to pay any compensation to account to licensee/licensees in respect
thereof.
(4) Licensee/licensees
to pay for work done on his behalf.—If any of the works or matters which in
accordance with the covenants in that behalf hereinbefore contained are to be
carried out or performed by the licensee/licensees, be not so carried out or
performed within the time specified In that behalf, the State Government may
cause the same to be carried out or performed and the licensee/licensees shall
pay the State Government on demand all expenses which shall be incurred in such
carrying out or performance of the same.
(5) (a) Right of
pre-emption.—The State Government shall from time to time and at all
times during the said term have the right (to be exercised by notice in writing
to the licensee/licensees) of pre-emption of the said minerals (and/all
products thereof) lying in or upon the said lands or elsewhere under the
control of the licensee/licensees and the licensee/licensees shall with all
possible expedition deliver all minerals or products or minerals purchased by
the State Government under the power conferred by this provision in the
quantities at the time in the manner and at the place specified in the notice
exercising the said right.
(b) Should the right of pre-emption conferred by this present
provision be exercised and a vessel chartered to carry the minerals or products
thereof procured on behalf of the State Government or the Central Government be
detained on demurrage at the port of loading, the licensee/licensees shall pay
the amount due for demurrage according to the terms of the charter party of
such vessel unless the State Government shall be satisfied that the delay issue
to cause beyond the control of the licensee/licensees.
(c) The price to be paid for all minerals or products of minerals
taken in preemption by the State Government in exercise of the right hereby
conferred shall be the fair market prevailing at the time of pre-emption,
provided that in order to assist in arriving at the said fair market price the
licensee/licensees shall it so required furnish to the State Government for the
confidential information of the Government, particulars of the quantities,
descriptions and prices of the said mineral or products thereof sold to other
customers and of charters entered into for freight for carriage of the two and
shall produce such to officer or officers as may be directed by the State Government
original or authenticated copies of contracts and charter parties entered into
for the sale of freightage of such minerals or products.
(d) In the event of the existence of a state of war or emergency
(of which existence the President of India shall be the sole judge and a
notification to this effect in the Gazette of India shall be conclusive proof)
the State Government with the consent of the Central Government shall from time
to time and at all times during the said term have the right (to be exercised
by a notice in writing to the licensee/licensees) forthwith take possession and
control of the works, plant, machinery and premises of the licensee/licensees
on or in connection with the said lands or the operations under this licence
and during such possession or control, the licensee/licensees shall conform to
and obey all directions given by or on behalf of the Central or State
Government regarding the use of employment of such works, plants, premises and
minerals, provided that fair compensation, which shall be determined in default
of agreement by the State Government shall be paid to the licensee/licensees
for all loss or damage sustained by him/them by reason or in consequence of the
exercises of the powers conferred by this clause and provided also that the
exercise of such power shall not determine the said term hereby granted or
affect the terms and provisions of these presents further than may be necessary
to give effect to the provisions of this clause.
Part IV
Rights of
licensee/licensees
It is hereby further agreed
as follows.
(1) Transfer
of licence and fee payable.—During the subsistence of this licence or of any renewal thereof
the licensee/licensees may, with the previous sanction of the State Government,
transfer his/their licence or any right, title or interest therein to a person
who has filed an affidavit stating that he has filed up-to-date income tax
returns, paid income tax assessed on him and paid the income tax on the basis
of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961), on
payment of a fee of five hundred rupees. Provided that the State Government
shall, not give its sanction unless.
(i) the licensee has furnished
an affidavit along with his application for transfer of the prospecting licence
specifying therein the amount that he has already taken or propose to take as
consideration from the transferee;
(ii) the transfer of the
prospecting licence is to be made to a person or body directly undertaking
prospecting operations.
(2) Renewal
of Prospecting Licence.—If
the licensee/licensees be desirous of taking a renewed licence of the premises
hereby demised or of any parts of that for a further term from the expiration
of the term hereby granted and is otherwise eligible, he/they shall apply to
the State Government for renewal at least prior to the date of expiration of
the term of licence under these covenants and shall pay the rents and royalties
hereby reserved and shall observe and perform the several covenants and
agreements herein contained and on the part of licensee/licensees to he
observed and performed up to the expiration of the term hereby granted. The
State Government on receipt of the application for renewal shall consider it in
accordance with relevant sections of the Act and relevant rules of the Mineral Concession
Rules, 1960 and shall pass such orders as it may deem fit. If renewal is
granted the State Government will at the expense of the licensee/licensees and
upon his/their executing and delivering to the State Government, if required,
the counterpart thereof, execute and deliver to the licensee/licensees the
renewed licence of the said premises or part thereof for a further term of……
years at such rates of royalty and on such terms and subject to such rates and
royalties and on such terms and subject to such covenants and agreements
including this present covenant be renewed and shall in accordance with the
Mineral Concession Rules, 1960 applicable…………………………… (names of minerals) on the
day next following the expiration of the term hereby granted.
(3) Preferential
right of the licensee/licensees for obtaining mining Lease.—On or before the
determination of the licence or any renewal thereof, the licensee/licensees
shall have a preferential right
for obtaining a mining lease in respect of whole or part of that land over any
other person, provided that the State Government is satisfied that the
licensee/licensees has/have not committed any breach of the terms and
conditions of the prospecting licence, [has undertaken prospecting operations
to establish mineral resources in such land] and is otherwise a fit person for
being granted the mining lease.
(3-A)
If an application for renewal of the prospecting licence made in accordance
with the rules is not disposed of by the State Government before the expiry of
the licence, the licence shall be deemed to have been renewed for a period [not
exceeding the period prescribed for the renewal of prospecting licence under
sub-section (2) of Section 7 of the Act or the period for which the application
is made, whichever is less.
(4) Extension
of period of prospecting licence.—If the licensee/licensees before the
determination of this licence or of any renewal thereof applies/apply for the
grant of a mining lease over the whole or any part of the said lands, the
period of this licence shall be further extended over that part of the said
lands, until his application for mining lease is disposed of or deemed to have
been refused under sub-rule (1) or sub-rule (3), as the case may be, of Rule 24
of the Mineral Concession Rules, 1960, or any other law in force. No fee shall
be payable in respect of any period so extended.
(5) Refund
of deposit.—On
such date within six calendar months after the determination of this licence or
of any renewal thereof, as the State Government shall elect after compliance by
the licensee/licensees of Rule 16 of Mineral Concession Rules, 1960, the amount
then remaining in deposit with the State Government and not required to be
applied to any of the purposes in Part III of these presents mentioned, shall
be refunded to the licensee/licensees or if the licensee/licensees shall have
obtained a mining lease over the said lands or any portion thereof, be retained
at the credit of the licensee/licensees on account of the fees, rents and
royalties to become payable under such lease. The amount shall in no case carry
any interest whatsoever.
Part V
General Provisions
It is lastly agreed as
follows.
(1) Acquisition
of land and compensation thereof.—If after the receipt of an offer of
compensation for any damage which is likely to arise from the proposed
operation of the licensee/licensees, the occupier of the surface of any part of
the said lands shall refuse his consent to the exercise of the rights and
powers reserved to the State Government and granted by this licence, the licensee/licensees
shall report the matter to the State Government and shall deposit with it the
amount offered as compensation and if the State Government is satisfied that
the amount of compensation is reasonable or if it is not so satisfied and the
licensee/licensees shall have deposited with it such further amount as the
State Government may consider reasonable, the State Government shall order the
occupier to allow the licensee/licensees to enter upon the said land and carry
out such operations as may be necessary for the purpose of the licence. In
assessing the amount of such compensation the State Government shall he guided
by the principles of the Land Acquisition Act.
(2) Delay
in fulfilment of the term of licence due to force majeure.—Failure on the part of
the licensee/licensees to fulfil any of the terms and conditions of this
licence shall not give the State Government any claim against him/them or be
deemed a breach of the licence in so far as such failure is considered by the
State Government to arise from force majeure. If the fulfilment of the
licensee/licensees of any of the terms and conditions of this licence be
delayed from force majeure, the period of such delay shall be added to the
period fixed by this licence.
The expression force
majeure means act of God, war, insurrection, riot, civil commotion, strike,
tide tidal wave, storm, flood, lightning, explosion, fire, earthquake and any
other happening which the licensee/licensees could not reasonably prevent or
control.
(3) Service
of notices.—Every
notice required to be given to the licensee/licensees shall be given in writing
to such person as the licensee/licensees may appoint for the purpose of
receiving such notices or if no such appointment is made then the notice shall
be sent to the licensee/licensees by registered post addressed to him/them at
the address shown in his/their application for the licence or at such other
address in India as he/they designate from time to time and every such service
shall be deemed to be proper and valid service upon the licensee/licensees and
shall not be questioned or challenged by him.
(4) Discovery
of new minerals.—The
licensee shall report to the State Government the discovery of any mineral not
specified in the licence within a period of sixty days from the date of such discovery and shall not
undertake any prospecting operations in respect of such mineral unless such
mineral is included in the licence.
(5) Immunity
of State Government from liability to pay compensation.—If in any event the
orders of the State Government
are revised, reviewed or cancelled by the Central Government in pursuance of
proceedings under Chapter VII of the Mineral Concession Rules, 1960, the
licensee/licensees shall not be entitled to compensation for any loss sustained
by the licensee/licensees in exercise of the powers and privileges conferred
upon him/them by these presents.
(6) The licence deed is
executed at the Capital of the State of ………………. (Name of the State) and subject
to the provision of Article 226 of the Constitution of India it is hereby
agreed upon by the licensee and
the State Government that in the event of any dispute in relation to the area
under prospecting licence, condition of the licence deed and in respect of all
matters touching the relationship of the licensee and the State Government,
suits of petitions shall be filed in civil courts at ……………………(name of the city)
and it is hereby expressly agreed that neither party shall file a suit or
appeal or bring any actions at any place other than the courts named above.
(7) In witness whereof these
presents have been executed in the manner hereunder appearing the day and year
first above written.
SCHEDULE A
The land covered by the
licence
(Here insert the
description of lands with area, boundaries, names of District, Sub-Division,
Thana, etc. and cadastral survey numbers, if any. In case a map is attached,
refer the map in the description to be inserted.)
SCHEDULE B
Prospecting Fee
(Here specify the amount of
the prospecting fee and the manner and time of payment)
SCHEDULE C
Royalty
(1) Rates of royalty on
minerals shall be in accordance with the Second Schedule of the Act.
(2) (a) Here insert the mode of arriving at sale prices at pits mouth
of mineral/minerals.
(b) The manner and time of payment of royalty
[Form F-1
(RECONNAISSANCE PERMIT
DEED)
(See Rule 7-A)
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When the permit holder is individual
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this indenture made this……………. …day of……………….
20 between the Governor of ……/the President of India (hereinafter referred to
as the ‘State Government’ which expression shall where the context so admits
be deemed to include his successors and assigns) of the one part
and………………………. and …………………………. (name of person with address and occupation)
(hereinafter referred to as “the permit holder” which expression shall where
the context so admits be deemed to include his heirs, executors,
administrators, representatives and permitted assigns).
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When the permit holders are more than
one individual
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……………………………………………………………………….
……………………………………… (Name of person with address and occupation) and……………………….
(Name of person with addresses and occupation) (hereinafter referred to as
“the permit holders” which expression shall where the context so admits be
deemed to include their respective heirs, executors, administrators,
representatives and their permitted assigns).
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When the permit holder is A
registered firm
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…………………………………. (Name and address of
partner) son of …………………. of…………………………….… son of……………… of………….……….… son
of……………… of…………………… all carrying on business in partnership under the firm
name and style of (name of the firm) ……………………… registered under the Indian
Partnership Act, 1932 (9 of 1932) and having their registered office
at……….….in the town of …………………. (hereinafter referred to as ‘the permit
holder’ which expression shall where the context so admits be deemed to
include all the said partners, their respective heirs, executors, legal
representatives and permitted assigns).
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When the permit holder is a
registered company.
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……………………………………………………………… (Name of
company) a company registered under……………….……………. Act under which
incorporated) and having its registered office at………….…………… (Address)
(hereinafter referred to as “the permit holder” which expression shall where
the context so admits be deemed to include its successors and permitted
assigns) of the other part.
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Whereas the permit holder/holders
has/have applied to the State Government in accordance with the Mineral
Concession Rules, 1960 (hereinafter referred to as the said rules) for a
reconnaissance permit to prospect for……………… in the land specified in Schedule
‘A’ hereunder written and delineated in the plan herewith annexed
(hereinafter referred to as the said lands) and has/have deposited with the
State Government Rs………… as the prescribed security according to Rule 7-B in
respect of such permit and has/have paid to the State Government the sum of
Rs…………. as the prescribed permit fee for………. months/years in advance in
respect of such permit and WHEREAS there is no objection to the grant of such
permit and whereas the Central Government has approved the grant of this
permit. Now these presents witness as follows:
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PART I
In consideration of the
fee, covenants and agreements hereinafter reserved and contained and on the
part of the permit holder(s) to be paid, observed and performed, the State
Government hereby grants the reconnaissance permit and demises into the permit
holder(s) the rights.
(1) To
enter upon or fly over the lands and undertake reconnaissance operations: To enter upon or fly over
the said lands and to undertake reconnaissance operations to search for all, or
any……………………… (Name of minerals) lying, or being within, under or throughout the
said land:
Provided that:
the permit holder shall not
enter any forest land or any private land without obtaining permission of the
forest department or the owner of the private land, as the case may be;
the permit holder shall not
fly over the said land unless all necessary clearances from the Defence and
Home Ministries, Govt. of India and the Director General, Civil Aviation,
Government of India have been obtained for undertaking aerial surveys.
(2) To
use water and clear undergrowth and brush wood, etc.: Subject to the provisions
of clause (1) to make and use any drains or water, grounds on the said land for
purposes as may be necessary for effectively carrying on the reconnaissance
operations and to the workers
employed therein and to use water provided always that such use shall not
diminish or interfere with the supply of water to which any cultivated land,
village, building or watering place for livestock has heretofore been
accustomed and that no streams, springs or well shall be fouled or polluted nor
any trees cut or injured by any such use or the reconnaissance operations
hereby permitted.
(3) To
bring upon machinery, etc.: To bring upon the said lands such machinery, equipment and
conveniences as may be proper and necessary for effectively carrying on the reconnaissance operations hereby
permitted or for the workmen employed thereon.
Reserved nevertheless to
the State Government full power and liberty at all times to enter into and upon
the said lands for all or any purposes other than those for which sole rights
and permit hereby expressly conferred upon.
To hold the said right and
permit unto the permit holder(s) from the date of these presents for the term
of ………………… (hereinafter referred as the said term).
Paying therefor annually in
advance a sum of Rs………………… being the permit fee for each year or portion of a
year as specified in Schedule B and immediately on the expiration or sooner
determination of the said term clear of all fees, rates, taxes, charges and
deductions by the permit holder(s) during the said terms.
Part II
Covenants by Permit
holder(s)
The Permit holder(s) hereby
covenants/covenant with the State Government as follows.
(1) Payment
of permit fee.—To
pay annually in advance a permit fee in respect of ensuing year or part of the
year at such rates and time as are specified in Schedule ‘B’ hereunder written.
(2) To
carry on work in workman-like manner.—To work and carry on the operations hereby
permitted in a fair, orderly, skilful and workman-like manner and with as
little damage as may be to the surface of the lands and to trees, crops,
buildings structures and other property thereon.
(3) Maintenance
of correct accounts.—Permit
holder(s) shall maintain an accurate and faithful account of all the expenses
incurred by him/them on reconnaissance and also the quantity and other
particulars of all samples obtained during such operations and their despatch.
(4) Not
to cut or injure trees or disturb public places without previous permission.—Not to cut or injure any
timber or tree on any unoccupied or unreserved land without the written
permission of the Deputy Commissioner/Collector nor without such permission
disturb the surface of any road or enter upon any public pleasure ground,
burning or burial ground or any place held sacred by any class of persons or
interfere with any right of way, well or tank.
(5) Not to enter upon any land
in the occupation of any person without the consent of the occupier nor to cut
or in any way injure any trees, standing crops, buildings, huts, structures or
other property of any kind of the occupier of any land or any other person
without the written consent of such owner, occupier or person.
(6) Not
to commence work in forest lands without previous permission.—Not to enter upon or
commence reconnaissance or prospecting in any forest land without obtaining the
written sanction of the Forest Officer so authorised in this behalf by the
State Government.
(7) Indemnify
Government against all claims.—To make reasonable satisfaction and pay such compensation as
assessed by lawful authority in accordance with the law in force on the subject
for all damage, injury, or disturbance which may be done by him in exercise of
the powers granted by this permit and to indemnify and keep indemnified fully
and completely the State Government against all claims which may be made by any
person or persons in respect of any such damage, injury or disturbance and all
costs and expenses in connection therewith.
(8) Abide
by other Acts and rules.—To
pay a wage not less than the minimum wage prescribed by the Central or State
Government from time to time.
(8-B)
To comply with the provisions of the Mines Act, 1952.
(8-C)
To take measures, at his own expenses, for the protection of environment as may
be prescribed by the Central or State Government from time to time.
(8-D)
To pay compensation to the occupier of the surface of the land on the date and
in the manner laid down in these rules.
(9) Forfeiture
of security deposits, etc..—Whenever the security deposit of Rs………. or any part thereof of
any further sum hereafter deposited with the State Government in replenishment
thereof shall be forfeited or applied by the State/Central Government, pursuant
to the power hereinafter declared in that behalf the permit holder(s) shall
forthwith deposit with the State Government such further sum as may be
sufficient with the un-appropriated part thereof to bring the amount in deposit
with the State Government up to the sum of Rs……………….
(10) Permit
holder not to be controlled by trust, syndicate, etc..—The permit holder(s)
shall not be controlled or permit himself/themselves to be controlled by any
trust, syndicate, corporation, firm or person except with the written consent
of the State Government which will be
given only after obtaining the prior approval of the Central Government in case
where reconnaissance permit executed is in respect of minerals included in the
First Schedule to the Act.
(11) Report
of accident.—The
permit holder(s) shall without delay send to the Deputy Commissioner/Collector a report of any accident causing death or
serious bodily injury or serious injury to property or seriously affecting or
endangering life or property which may occur in the course of the operations
under this permit.
(12) Section
18 of the Act.—The
permit holder(s) shall be bound by such rules as may be issued by the Central
Government under Section 18 of the Act and shall not carry on reconnaissance, prospecting or other
operations under the said permit in any way other than as prescribed under
these rules.
(13) Plugging
of bore holes, fencing, etc. and restoring the surface of land after
determination or abandonment.—Save in the case of land over which the permit holder(s) shall
have been granted a prospecting licence or mining lease, on or before the
expiration or sooner determination of the permit, he shall within six months
next after the expiration or sooner determination of the permit or the date of
abandonment of the undertaking, whichever shall first occur, securely plug any
bore or hole and fill up or fence any holes or excavations that may have been
made in the lands to such an extent as may be required by the Deputy
Commissioner/Collector concerned and shall to a like extent, restore the
surface of the land and all buildings thereon, which may have been damaged or destroyed
in the course of reconnaissance or prospecting, provided that permit holder(s)
shall not be required to restore the surface of land or any building in respect
of which full and proper compensation has already been paid.
(14) Removal
of machinery, etc. after expiration, determination or abandonment.—Upon the expiration or
sooner determination of this permit or the abandonment of the operations hereby
permitted, whichever shall
first occur, the permit holder(s) shall remove expeditiously at his/their own
cost all plants, engines, machinery implements, utensils and other property and
effects theretofore, erected or brought by the permit holder(s) and then
standing or being upon the said lands provided that this covenant shall not
apply to any part of the said lands which may be comprised in any prospecting
licence or mining lease granted to the permit holder(s) during the subsistence
of this permit.
(15) Report
of work done before the refund of security deposits.—At any time before the
said security deposit is returned to him/them or transferred to any other
account or within one month after the expiration or sooner determination of the
permit or abandonment of the operations whichever is earlier, the permit
holder(s) shall submit to the State Government confidentially a full report of
the work done by him/them and disclose all information acquired by him/them in
the course of the operations carried on under this permit regarding the geology
and mineral resources of the area covered by the permit.
(16) (1) Report of information obtained by Permit
holder.—The permit holder(s) shall submit to State Government:
(a) a six monthly report of the
work done by him/them stating the number of persons engaged and disclosing in
full the geological, geophysical, or other valuable data collected by him
during the period.
The report shall be
submitted within three months of the close of the period to which it relates
(b) within three months of the
expiry of the permit, or abandonment of operations or termination of the
permit, whichever is earlier, a full report of the work done by him and all
information relevant to mineral resources acquired by him/them in the course of
reconnaissance in the area covered by the permit:
(2) While submitting
reports under clause (1), the permit holder(s) may specify that the whole or
any part of the report or data submitted by him shall be kept confidential and
the State Government shall thereupon keep the specified portions as
confidential; for a period of two years from the expiry of the permit or abandonment
of operations of termination of the permit, whichever is earlier.
(17) Employment
of foreign nationals.—the
permit holder(s) shall not employ, in connection with the reconnaissance operation any person
who is not an Indian National except with the previous approval of the Central
Government.
(18) Furnishing
of Geophysical data.—The
permit holder(s) shall furnish:
(a) all geophysical data
relating to prospecting or engineering and ground water surveys, such as
anomaly maps, sections, plans, structures, contour maps, logging, collected by
him/them during the course of reconnaissance to the Director General,
Geological Survey of India, Calcutta;
(b) all information pertaining
to investigations of radio active minerals collected by him/them during the
courses of operations to the Secretary to the Department of Atomic Energy, New
Delhi.
Data or information
referred to above shall be furnished every year reckoned from the date of
commencement of the period of the reconnaissance permit.
Part III
Powers of the Government
It is hereby agreed as
follows.
(1) Cancellation
of the permit and forfeiture of the deposit in case of breach of conditions. In the case of any breach
of any condition of the permit by the permit holders (s) or his transferees or
assignees, the State Government shall give a reasonable opportunity to the
permit holder(s) of stating his/their case and where it is satisfied that the
breach is such as cannot be remedied, on giving thirty days notice to the
permit holder(s) or his transferees or assignees, determine the permit and or
forfeit the whole or any part of the said deposit Rs……… deposited under the
covenants in that behalf as the State Government may deem fit. In case the
State Government considers the breach to be of a remediable nature, it shall
give notice to the permit holder(s) or his transferees or assignees as the case
may be requiring him/them to remedy the breach within thirty days from the date
of receipt of the notice informing him of the penalty proposed to be inflicted
if such remedy is not made within such period.
(2) Application
of security to payment of compensation.—The State Government may from time to time
appropriate and apply the said deposit of Rs………………… or any part thereof or any
further sum deposited under any covenants in that behalf hereinbefore contained
in or towards payment or satisfaction of any claims to compensation which the
Government has or may have against the permit holder(s) and/or which may be
made by any person or persons against the permit holder(s) and or the State
Government in respect of any damage or injury done by the permit holder(s) in
exercise of any of the powers conferred by this permit and in or towards
payment of any damages, cost or expenses which may become payable as the result
of or in connection with any suits or proceedings which may be instituted
against the State Government in respect of any such damage or injury and also in
or towards payment of the expenses of the carrying out or performance of any
works or matters, which the permit holder(s) shall fail to carry out or perform
after the expiry or sooner determination of this permit or the abandonment of
the operations hereby permitted in accordance with the covenants in that behalf
hereinbefore contained or in payment or satisfaction of such claims, damages,
costs and expenses.
(3) When
the properties are not removed from the lands in time.—If any plants, engines,
machinery implements, utensils or other property or effects which ought to be,
removed by the permit holder(s) from the said lands, in accordance with the
covenant in that behalf hereinbefore contained, be not so removed within one
calendar month after notice in writing requiring their removal shall have been
given to the permit holder(s) by the State Government, the same shall be deemed
to have become the property of the State Government and may be sold or disposed
of for the benefit of the State Government in such manner as the State
Government shall deem fit, without any liability to pay any compensation or to
account to the permit holder(s) in respect thereof.
(4) Permit
holder(s) to pay for work done on his/their behalf.—If any of the works or
matters, which in accordance with the covenants in that behalf hereinbefore
contained, are to be carried out or performed by the permit holder(s), be not
so carried out, or performed within time specified in that behalf, the State
Government may cause the same to be carried out or performed and the permit
holder(s) shall pay the State Government on demand all expenses which shall be
incurred in such carrying out or performance of the same.
(5) Right
of pre-emption.—In
the event of the existence of a state of war or emergency (of which the
President of India shall be the sole judge and a notification to this effect in
the Gazette of India shall be conclusive proof), the State Government with the
consent of the Central Government shall, from time to time and at all times
during the said term, have the right [to be exercised by a notice in writing to
the permit holder(s)] to forthwith take possession and control of the works,
plants, machinery and premises of the permit holder(s) on or in connection with
the said lands or the operations under this permit and during such possession
or control, the permit holder(s) shall conform to and obey all directions given
by or on behalf of the Central or State Government regarding the use of
employment of such works, plants, premises and minerals, provided that fair
compensation, which shall be determined in default of agreement by the Stale
Government shall be paid to the permit holder(s) for all loss or damages
sustained by him/them by reason or any consequence of the exercises of the
powers conferred by this clause and provided also that the exercise of such
powers shall not determine the said term hereby granted or affect the terms and
provisions of these presents further than may be necessary to give effect to
the provisions of this clause.
Part
IV
Rights of permit holder(s)
It is hereby further agreed
as follows.
(1) Transfer
of permit and fee payable.—[omitted]
(2) Preferential
right of the permit holder(s) for obtaining prospecting licence or mining lease.—On or before the
determination of the permit, the permit holder(s) shall have a preferential
right for obtaining a prospecting licence or mining lease in respect of whole
or part of that land over any other person provided that the State Government
is satisfied that the permit holder(s) has/have not committed any breach of the
terms and conditions of the reconnaissance permit, has undertaken
reconnaissance operations to establish mineral resources and is otherwise a fit
person for being granted the prospecting licence or mining lease.
(3) Refund
of deposit.—On
such date within six calendar months after the determination of the permit, as
the State Government shall elect after compliance by the permit holder of the
provisions of Mineral Concession Rules, 1960, the amount then remaining in
deposit with the State Government and not required to be applied to any of the
purposes in Part III of these presents mentioned, shall be refunded to the
permit holder(s) or if the permit holder(s) shall have obtained a prospecting
licence or mining lease over the said lands or any portion thereof, be retained
at the credit of the permit holder(s) on account of the fees, rents and
royalties to become payable under such licence or lease. The amount shall in no
case carry any interest whatsoever.
Part
V
General Provisions
It is lastly agreed as
follows:
(1) Acquisition
of land and compensation.—If
after the receipt of an offer of compensation for any damage which is likely to
arise from the proposed operation of the permit holder(s), the occupier of the
surface of any part of the said lands shall refuse his consent to the exercise
of the rights and powers reserved to the State Government and granted by this
permit, the permit holder(s) shall report the matter to the State Government and
shall deposit with it the amount offered as compensation and if the State
Government is satisfied that the amount of compensation is reasonable or if it
is not so satisfied and the permit holder(s) shall have deposited with it such
further amount as the State Government may consider reasonable, the State
Government shall order the occupier to allow the permit holder(s) to enter upon
the said land and carry out such operations as may be necessary for the purpose
of the permit. In assessing the amount of such compensation the State
Government shall be guided by the principles of the Land Acquisition Act.
(2) Delay
in fulfilment of the term of permit due to force majeure.—Failure on the part of
the permit holder(s) to fulfil any of the terms and conditions of this permit
shall not give the State Government any claim against him/her or be deemed a
breach of the permit insofar as such failure is considered by the State
Government to arise from force majeure.
If the fulfilment of the
permit holder(s) of any of the terms and conditions of this permit be delayed
from force majeure, the period of such delay shall be added to the period fixed
by this permit.
The expression force
majeure means act of God, war, insurrection, riot, civil commotion, strike,
tide, tidal wave, storm, flood, lightning, explosion, fire, earthquake and any
other happening which the permit holder(s) could not reasonably prevent or
control.
(3) Service
of notices.—Every
notice required to be given to the permit holder(s) shall be given in writing
to such person as the permit holder(s) may appoint for the purpose of receiving such notices or if no such
appointment is made then the notice shall be sent to the permit holder(s) by
registered post addressed to him/them at the address shown in his/their application
for the permit at such other address in India as he/they designate from time to
time, and every such service shall be deemed to be proper and valid service
upon the permit holder(s) and shall not be questioned or challenged by him.
(4) Discovery
of new minerals.—The
permit holder(s) shall report to the State Government the discovery of any mineral not
specified in the permit within a period of sixty days from the date of such
discovery.
(5) Immunity
of State Government from liability to pay compensation.—If in any event the
orders of the State Government
are revised, reviewed or cancelled by the Central Government in pursuance of
proceedings under Chapter VII of the Mineral Concession Rules, 1960, the permit
holder(s) shall not be entitled to compensation for any loss sustained by the
permit holder(s) in exercise of the powers and privileges conferred upon
him/them by these presents.
(6) The permit deed is executed
at the ……………… of the State of ………………. (Name of the State) and subject to the
provision of Article 226 of the Constitution of India it is hereby agreed upon by the permit holder(s) and the
State Government that in the event of any dispute in relation to the area under
reconnaissance permit and condition of the permit deed and in respect of all
matters touching the relationship of the permit holder(s) and the State
Government, suits of petitions shall be filed in civil courts at ………. (name of
the city) and it is hereby expressly agreed that neither party shall file a
suit or appeal or bring any actions at any place other than the courts named
above.
(7) In witness whereof these
presents have been executed in the manner hereunder appearing the day and year
first above written.
SCHEDULE A
The land covered by the
permit
(Here insert the
description of lands with area, boundaries, names of District, Sub-Division,
Thana, etc. and cadastral survey numbers, if any. In case a map is attached,
refer the map in the description to be inserted.)
SCHEDULE B
[Under Rule 7(1)(xi)]
(Here specify the amount of
the permit fee and manner and time of payment.)]
Form G
REGISTER OF APPLICATIONS
FOR PROSPECTING LICENCES
[See Rule 21(1)]
(1) Serial No.
(2) Date of application of P.L.
(3) Date on which application
was received by the Receiving Officer.
(4) Name of the applicant with
full address.
(5) Situation and boundaries of
the land applied for.
(6) Estimated area of the land.
(7) Particulars of the minerals
which the applicant desired to prospect.
(8) Application fee paid.
(9) Remarks.
(10) Final disposal of the
application together with number and date of the order.
(11) Signature of the Officer.
[Form G-1
REGISTER OF APPLICATIONS
FOR RECONNAISSANCE PERMITS
[See Rule 7-D (1)]
(1) Serial No.
(2) Date of application of
Reconnaissance Permit.
(3) Date on which application
was received by the Receiving Officer.
(4) Name of the applicant with
full address.
(5) Situation and boundaries of
the land applied for.
(6) Estimated area of the land.
(7) Particulars of the minerals
which the applicant desires to prospect.
(8) Application fee paid.
(9) Remarks.
(10) Final disposal of the
application together with number and date of the order.
(11) Signature of the Officer.]
Form H
REGISTER OF PROSPECTING
LICENCES
[See Rule 21(2)]
|
1.
|
Serial-number.
|
|
2.
|
Name of the licensee.
|
|
3.
|
Residence with complete address of
the licensee.
|
|
4.
|
Date of application.
|
|
5.
|
Date on which application was
received by the Receiving Officer.
|
|
6.
|
Omitted.
|
|
7.
|
Situation and boundaries of the land.
|
|
7-A.
|
The details of the area and the
minerals in each State. State for which the applicant holds prospecting
licence on the basis of information supplied by the licensee.
|
|
8.
|
Total area for which licence granted.
|
|
9.
|
(a) Number and date of grant of the licence.
|
|
|
(b) Date of execution of P.L agreement.
|
|
10.
|
The mineral or minerals for which
prospecting licence has been granted.
|
|
11.
|
Period for which granted.
|
|
12.
|
Date and period of renewal.
|
|
13.
|
Application fee paid.
|
|
14.
|
Prospecting fee and royalty, if
payable.
|
|
15.
|
Amount of security deposit.
|
|
16.
|
Particulars of disposal or refund of
security deposit.
|
|
17.
|
Date of application for mining lease
(if any).
|
|
18.
|
Date of assignment or transfer of
licence, if any, and the name and address, of the assignee/transferee.
|
|
19.
|
Date of expiry or relinquishment or
cancellation of licence or grant of mining lease
|
|
20.
|
Date from which the area is available
for regrant.
|
|
21.
|
Remarks.
|
|
22.
|
Signature of the Officer.
|
[Form H-1
(REGISTER OF RECONNAISSANCE
PERMITS)
[See Rule 7-D (2)]
|
1.
|
Serial number.
|
|
2.
|
Name of the permit holder.
|
|
3.
|
Residence with complete address of
the permit holder.
|
|
4.
|
Date of application.
|
|
5.
|
Date on which application was
received by the Receiving Officer.
|
|
6.
|
Situation and boundaries of the land.
|
|
7.
|
The details of the area and the
minerals in the State for which the applicant holds reconnaissance permit on
the basis of information supplied by the permit holder.
|
|
8.
|
Total area for which permit granted.
|
|
9.
|
(a) Number and date of grant of the permit.
|
|
|
(b) Date of execution of the reconnaissance permit agreement.
|
|
10.
|
The mineral or minerals for which reconnaissance
permit has been granted.
|
|
11.
|
Period for which granted.
|
|
12.
|
Application fee paid.
|
|
13.
|
Permit fee paid.
|
|
14.
|
Amount of security deposit.
|
|
15.
|
Particulars of disposal or refund of
security deposit.
|
|
16.
|
Date of application for prospecting licence
or mining lease (if any).
|
|
17.
|
Date(s) of expiry or relinquishment
or cancellation of permit or grant of prospecting licence or mining lease.
|
|
18.
|
Date(s) of assignment or transfer of
reconnaissance permit, if any, and name and address of the assignee or
transferee.
|
|
19.
|
Date(s) from which the area is
available for regrant.
|
|
20.
|
Remarks.
|
|
21.
|
Signature of the Officer.]
|
Form I
(TO BE SUBMITTED IN
TRIPLICATE)
Received…………….
Government of………………
at………………(Place)
on………………(date)
Initial of Receiving
Officer
Application for Mining
Lease
[See Rule 22(1) of the Mineral
Concession Rules, 1960)
Dated the ……………….
day of ………… 20 ……
To
…………………………….
…………………………….
Through:
Sir,
(1) I/We request that a mining
lease under the Mineral Concession Rules, 1960 may be granted to me/us.
(2) A sum of Rs 500 and Rs 1000
being the fees in respect of this application and preliminary expenses
respectively payable under sub-rule (3) of Rule 22 of the said rule have been
deposited (vide receipt Challan No………………. dated …………. of the State Bank of
India/Treasury………………………)
(3) The required particulars
are given below:
(i) Name of the applicant with
complete address.
Status of the applicant
(ii) Is the applicant a private
individual/co-operative/firm/association/private company/public company/public
sector undertaking/joint sector undertaking or any other.
(iii) In case the applicant is,
(a) An individual, his
nationality, qualifications and experience relating to mining.
(b) a company, an attested copy
of the certificate of registration of the company shall be enclosed.
(c) [omitted]
(d) Firm or Association, the
nationality of all the partners of the firm or members of the association, and
(e) a co-operative the
nationality of non-Indian members, if any along with place of registration and
a copy of the certificate of registration.
(iv) Profession or nature of
business of applicant.
(v) Particulars of documents
appended:
(a) Mining dues clearance
certificate
OR
(b) Affidavit in lieu of Mining
Dues Clearance Certificate; subject to the production of mining lease dues,
clearance certificate within the period of ninety days of making application.
OR
(c) Affidavit when not holding
any mining lease.
(d) Affidavit that up-to-date
Income Tax Returns as prescribed under the Income Tax Act, 1961 and that the
tax due including the tax on account of self-assessment has been paid.
(vi) Mineral or minerals which
the applicant intends to mine.
(vii) Period for which mining
lease is required.
(viii) Extent of the area for
which mining lease is required.
(ix) Details of the area in
respect of which mining lease is required.
|
District
|
Taluqa
|
Village
|
Khasra
|
No.
|
Plot No.
|
Area
|
Ownership-Occupancy
|
(x) Brief description of the
area with particular reference to the following:
(a) Does the applicant have
surface rights over the area for which he is making an application for grant of
a mining lease.
(b) If not, has he obtained the
consent of the owner, and the occupier of the land for undertaking mining
operation. If so, the consent of the owner and occupier of the land be obtained
in writing and be filed.
(xi) (a) The situation of the area in respect of natural features such
as streams or lakes.
(b) In the case of village areas, the name of the village, the
Khasra number, the area in hectares of each field or part thereof applied for.
(c) In case the area applied for is under forest, then the
following particulars be given:
(1) Forest division, Block and
Range.
(2) Legal status of the forest
(namely reserved, protected, unclassified, etc.).
(3) Whether it forms part of a
National Park or Wild-life Sanctuary.
(4) Type and extent of vegetation
in the area.
(5) For areas where no forest
maps or cadastral maps are available, a sketch plan should be submitted on
scale showing the area applied for together with boundary, if any, of any other
existing mining lease or prospecting licence area, if the area applied for has
any common point or line with the boundaries of existing prospecting licence or
mining lease areas.
(xii) The area applied for should
be marked on plan as detailed below:
(a) In case a cadastral Map* of
the area is available, the area on this map should be marked showing the name
of the village, Khasra number and area in hectares of each field and part
thereof.
(b) In the case of forest maps
the area should be marked on the map showing the range and felling series.
(c) In case neither cadastral
nor forest maps are available, the area should be marked on a sketch plan drawn
to scales showing on this plan all important surface and natural features, the
dimensions of the lines forming the boundary of the area and the bearing and
distance of all corner points from any important, prominent and fixed point or
points. (No. 1(3)/68-MII Dt. 30-3-68).
(xiii) Particulars of the area
mineral-wise in each State duly supported by an affidavit for which the
applicant or any person joint in interest with him.
(a) already holds under mining
lease;
(b) has already applied for but
not granted;
(c) being applied for
simultaneously.
(xiv) Nature of joint in
interest, if any.
(xv) (a) Does the applicant hold a prospecting licence over the area
mentioned at (xi) above? If so, give its number and date of grant and the date
when it is due to expire.
(b) Has the applicant carried out the prospecting operations over
the area held under prospecting licence and sent his report to the State
Government, as required by Rule 16 of the Mineral Concession Rules, 1960? If
not, state reasons for not doing so.
(xvi) Broad parameters of the
mineral/ore body/bodies.
(a) Strike length, average
width and dip.
(b) Wall rocks on hanging and
foot wall sides.
(c) Whether area is
considerably disturbed geologically or is comparatively free of geological
disturbance? (copy of geological map of the area is to be attached.)
(d) Reserves assessed with
their grade(s)(chemical analysis reports of representative samples are to be
attached).
(e) Whether the area is virgin?
If not, the extent to which it has already been worked, In case there are old
workings, their locations are to be shown on the geological map of the area.
(xvii) Broad parameters of the
mine.
(a) Proposed date of
commencement of the mining operations.
(b) Proposed rate of mineral production
during the first 5 years (year-wise).
(c) Proposed rate of production
when mine is fully developed.
(d) Anticipated life of the
mine.
(e) Proposed method of mining
(Underground or opencast):
(i) If underground, the method
of approach to the deposit mineral/ore whether through inclines or shafts,
(ii) If opencast, the
over-burden to ore ratio and overall pit stope.
(f) Nature of the land chosen
for dumping over burden/waste and tailings (that is type of land whether
agricultural, grazing land, barren, saline land, etc.) and whether proposed
site has been shown on the mine working plan. Give also the extent of area in
hectares set apart for dumping of waste and tailings.
(xviii) A report giving the details
of prospecting carried out in the area together with assessment of the ore
reserves, geological plans, results of chemical analysis of the representative
samples, and boreholes and logs.
(xix) Manner in which the mineral
raised is to be utilised.
(a) (i) If for captive use, the location of plant and industry.
(ii) For sale for indigenous consumption.
(b) If for exports to foreign
countries indicate,
(i) Names of the countries to
which it is likely to be exported where the mine is being set up on 100% export
oriented or tied-up basis.
(ii) Whether mineral will be
exported in raw form or after processing. Also indicate the stage of
processing, whether intermediate stage or final stage of the end-product.
(c) If it is to be used within
the country, indicate.
(i) The industry/industries in
which it would be used.
(ii) Whether it will be supplied
in raw form or after processing(crushing/grinding/beneficiation/calcining).
(iii) Whether it would need
upgradation and if so, whether it is proposed to set up beneficiation plant.
Also indicate the capacity of such plant and the time by which it would be set
up.
(d) In case of coal, or other
high bulk minerals/ores details of existing railway transport facility
available and additional transport facility, if any, required.
(xx) Name, qualification and
experience of the Technical Personnel available for supervising the mines.
(xxi) (i) Financial resources of the applicant.
(ii) Anticipated yearly financial investment during the course of
mine construction and aggregate investment up to the stage of commencement of
commercial production.
(xxii) (a) Nature of waste water, (e.g. whether acidic). If so, expected
pH value.
(b) The application form should be accompanied by a statement of
the salient features of the scheme of mining. This should be generally on the
lines of the “Project at a Glance” given in a mining feasibility report
including features relating to the protection of environment.
I/We do hereby declare that
the particulars furnished above are correct and am/are ready to furnish any
other details including accurate plans and security deposit, as may be required
by you.
Yours faithfully,
Place:…….
Date:…….
Signature of the applicant
The topographical map of
1”=1 mile scale is obtainable from the office of the Survey of India,
Hathibarkhala, Dehra Dun. Detailed plan and topographical map are to be
attached in triplicate with the original application in case mineral applied
for is a scheduled mineral.
Note
1. If
the application is signed by an authorised agent of the applicant, then the
Power of Attorney should be attached.
Note
2. The
application should relate to one compact area only, except when the application
for mining lease is for an area already held under prospecting licence by the
applicant.
Note
3. Such
large size map, as may be available should be attached for proper demarcation
of the area, specially when the area applied for is 40 hectares or less (No.
MII-152(58)/61 dt/30-4-1963).
“To be submitted in
duplicate”
Form J
Received
at………………(Place)
GOVERNMENT OF
on………………(Date) MODEL
FORM
Initial of Receiving
APPLICATION FOR RENEWAL OF
MINING LEASE
Officer
(See Rule 24-A)
Dated day of 20……
To
Through
Sir,
(1) I/We request for renewal of
my/our mining lease under the Mineral Concession Rules, 1960. A sum of Rs 500
being the application fee payable under sub-rule (3)(i)(a) of Rule 22
of the said rules has been deposited.
(2) The required particulars
are given below.
(i) Name of the applicant with
complete address.
(ii) Is the applicant a private
individual/private company/public company/firm or association?
(iii) In case applicant is:
(a) an individual, his
nationality,
(b) a company, an attested copy
of the certificate of registration shall be enclosed.
(c) [omitted]
(d) a firm or association, the
nationality of all the partners of the firm or members of the association.
(iv) Profession or nature of
business of applicant.
(v) [omitted]
(vi) [omitted]
(vi-a) No. and date of the valid
clearance certificate of payment of mining dues (copy enclosed).
(vii) an affidavit, that
up-to-date Income Tax returns, as prescribed under the Income Tax Act, 1961,
have been filed, and the tax due, including the tax on account of
self-assessment has been paid.
(viii) (a) Particulars of the mining lease of which renewal is desired.
(b) Details of previous renewal granted, if any.
(ix) Period for which renewal of
mining lease is required.
(x) Whether renewal is applied
for the whole or part of the leasehold.
(x-A) (a) Does the applicant continue to have surface rights over the
area of the land for which he requires renewal of the mining lease.
(b) If not, has he obtained the consent of the owner and occupier
for undertaking mining operations. If so, the consent of the owner and occupier
of the land obtained in writing be filed.
(x-B) Particulars of the areas
mineral-wise in each State duly supported by affidavit for which the applicant
or any person joint in interest with him.
(a) already holds under mining
lease;
(b) has already applied for but
not granted; or
(c) being applied for
simultaneously.
(x-C) a mining plan which shall
include.
(a) the plan of the area
showing the nature and extent of the mineral body, spot or spots where the
excavation is to be done in the first year and its extent, a detailed
cross-section and detailed plan of spot(s) of excavation based on prospecting
data gathered by the applicant, a tentative scheme of mining for the first five
years of the lease;
(b) the details of geology and lithology
of the area, the extent of manual mining and through machines;
(c) annual programme and plan
for excavation for five years; and
(d) the plan of the area
showing natural water courses; limit of reserved and other forest areas and
density of trees, assessment of impact of mining activity of Forest, Land
surface and Environment including air and water pollution, and details of the
scheme for afforestation, land reclamation, use of pollution control devices.
(x-D) Is the mineral going to be used
in his own industry? if so, give full details; (for “own industry” see
Explanation under Rule 24-B).
(xi) In case the renewal applied
for is only for part of the lease hold:
(a) the area applied for
renewal,
(b) description of the area
applied for renewal (description should be adequate for the purpose of
demarcating the plot),
(c) particulars of map of the
leasehold with area applied for renewal clearly marked on it (attached),
(d) particulars of existing or
created dumps of ore, if any.
(xii) Means by which the mineral
is to be raised, i.e., by hand, labour or mechanical or electric power.
(xiii) Manner in which the mineral
raised is to be utilised:
(a) for manufacture in India,
(b) for exports to foreign
countries,
(c) in the former case the
industries in connection with which it is required, should be specified. In the
latter case, the countries to which the mineral will be exported and whether
the mineral is to be exported after processing or in raw form should be stated.
(xiv) Details of output during
the last three years and phased programme for production during the next three
years along with a layout plan for development, if any.
(xv) In case of coal, details of
existing railway transport facility available and additional transport
facility, if any, required.
(xvi) Any other particulars which
the applicant wishes to furnish.
I/We do hereby declare that
the particulars furnished above are correct and am/are ready to furnish any
other details, including accurate plans as required by you before the grant of
renewal of the lease.
Yours faithfully,
Signature and designation
of the applicant.
Place:
Date:
N.B.—If the application is
signed by an authorised agent of the applicant, Power of Attorney should be
attached.
Form K
MODEL FORM OF MINING LEASE
(See Rule 31)
This indenture made
this………………… day of…………20………between the Governor of………………./the President of
India (hereinafter referred to as the ‘State Government’ which expression shall
where the context so admits be deemed to include the successors and assigns) of
the one part and……………………
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When the lessee is an individual
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(Name of person with address and
occupation) (hereinafter referred to as “the lessee” which expression shall
where the context so admits be deemed to include his heirs, executors,
administrators, representatives and permitted assigns).
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When the lessees are more than one
individual
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……….……………………. (Name of person with
address and occupation) and………….……. (Name of person with address and
occupation) (hereinafter referred to as “the lessee” which expression shall
where the context so admits be deemed to include their respective heirs,
executors, administrators, representatives and their permitted assigns).
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When the lessee is a registered firm.
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………………………. (Name and address of
partner), son of………….of ………………… son of………….of………….…………. all carrying on
business in partnership. under the firm name and style of…………………. (name of
the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and
having their registered office at……………. in the town of (hereinafter referred
to as “the licensee” which expression where the context so admits be deemed
to include all the said partners their respective heirs, executors, legal
representatives and permitted assigns).
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When the lessee is a registered
company
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………………….…………. (Name of company) a
company registered under………………….(Act under which incorporated) and having its
registered office at………………. (Address) (hereinafter referred to as “the
lessee” which expression shall where the context so admits be deemed to
include its successors and permitted assigns), of the other part.
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Whereas the lessee/lessees has/have
applied to the State Government in accordance with the Mineral Concession
Rules, 1960 (hereinafter referred to as the said rules) for a mining lease
for……………. in respect of the lands described in Part I of the Schedule here
under written and has/have deposited with the State Government the sum of
Rs………………….as security and the sum of Rs…………… for meeting the preliminary
expenses for a mining lease (and whereas the Central Government has approved
the grant of lease).
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Witnesseth that in consideration of
the rents and royalties, covenants and agreements by and in these presents
and the Schedule hereunder written reserved and contained and on the part of
the lessee/lessees to be paid observed and performed, the State Government
(with the approval of the Central Government)1 hereby grants and demises unto
lessee/lessees.
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All those the mines beds/veins seams
of…………………. (here state the mineral or minerals) (hereinafter and in the
Schedule referred to as the said minerals) situated lying and being in or
under the lands which are referred to in Part I of the said Schedule,
together with the liberties, powers and privileges to be exercised or enjoyed
in connection herewith which are mentioned in Part II of the said Schedule subject
to the restrictions and conditions as to the exercise and enjoyment of such
liberties, powers and privileges which are mentioned in Part III of the said
Schedule except and reserving out of this demise unto the State Government
the liberties, powers and privileges mentioned in Part IV of the said
Schedule to hold the premises hereby granted and demised unto the
lessee/lessees from the ……………… day ………………. 20…………. for the term of …………….
years thence next ensuing yielding and paying therefore unto the State
Government the several rents and royalties mentioned in Part V of the said
Schedule at the respective times therein specified subject to the provisions
contained in Part VI of the said Schedule and the lessee/lessees hereby
covenants/covenant with the State Government as in Part VII of the said
Schedule is expressed and the State Government hereby covenants with the
lessee/lessees as in Part VIII of the said Schedule as expressed and it is
hereby mutually agreed between the parties hereto as in Part IX of the said
Schedule is expressed.
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In witness whereof these presents
have been executed in manner hereunder appearing the day and year first above
written.
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The Schedule above referred to.
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PART
I
THE AREA OF THIS LEASE
Location and area of the
lease—
All that tract of lands
situated at …………………. (Description of area or areas)……………in (Pargana) in…….the
Registration District of………… Sub-District………….and Thana ………… bearing Cadestral
survey Nos. ………….containing an area of…………….or thereabouts delineated on the
plan hereto annexed and thereon coloured……………. and bounded as follows:—
On the North by
On the South by
On the East by
And
On the West by
hereinafter referred to as
“the said lands”.
PART
II
Liberties, powers and
privileges to be exercised and enjoyed by the lessee/lessees subject to the
restrictions and conditions in Part III.
(1) To
enter upon land and search for, win, work, etc..—Liberty and power at all times during the
term hereby demised to enter upon the said lands and to search for mine, bore,
dig, drill for, win, work, dress, process, convert, carry away and dispose of
the said mineral/minerals.
(2) To
sink, drive and make pits, shafts and inclines, etc..—Liberty and power for or
in connection with any of the purposes mentioned in this part to sink drive
make maintain and use in the said lands and pits shafts inclines drifts levels
waterways airways and other works (and to use maintain deepen or extent any
existing works of the like nature in the said lands).
(3) To
bring and use machinery equipment, etc..—Liberty and power for or in connection with
any of the purposes mentioned in this part to erect, construct, maintain and
use on or under the said lands any engines, machinery, plant, dressing floors,
furnaces, coke ovens, brick-kilns, workshops, store-houses, bungalows, godowns,
sheds, and other buildings and other works and conveniences of the like nature
on or under the said lands.
(4) To
make roads and ways, etc. and use existing roads and ways.—Liberty and power for or
in connection with any of the purposes mentioned in this part to make any
tramways, railways, roads, aircraft landing grounds and other ways in or over
the said lands and to use maintain and go, and repass with or without horses,
cattle, wagons, aircrafts, locomotives, or other vehicles over the same (or any
existing tramways roads and other ways in or over the said lands) on such
conditions as may be agreed to.
(5) To
get building and road materials, etc..—Liberty and power for or in connection with
any of the purposes mentioned in this part to quarry and get stone gravel and
other building and road materials and clay and to use and employ the same and
to manufacture such clay into bricks or tiles and to use such bricks or tiles
but to sell any such material bricks or tiles.
(6) To
use water from streams, etc..—Liberty and power for or in connection with any of the purpose
mentioned in this part but subject to the right of any existing or future
lessees and with the written permission of Deputy Commissioner/Collector to
appropriate and use water from any streams water-courses, springs or other
sources in or upon the said lands and to divert step up or dam any such stream
or water course and collect or impound any such water and to make construct and
maintain any water course culverts, drains or reservoirs but not as so to
deprive any cultivated lands, villages, buildings or watering places for
livestock of a reasonable supply of water as before accustomed nor in any way
to foul or pollute any stream or springs. Provided that the lessee/lessees shall
not interfere with the navigation in any navigable stream nor shall divert such
stream without the previous written permission of the State Government.
(7) To
use land for stacking, heaping, depositing purposes.—Liberty and power to
enter upon and use a sufficient part of the surface of the said lands for the
purpose of stacking, heaping, storing or depositing therein any produce of the
mines or works carried on and any tools, equipment, earth and materials and
substances dug or raised under the liberties and powers mentioned in this part.
(8) Beneficiation
and conveying away of production.
(a) Liberty and power to enter
upon and use a sufficient part of the said lands to beneficiate any ore
produced from the said lands and to carry away such beneficiated ore.
(b) To
make coke (to be used in case of coal only).—Liberty and power upon the said lands to
convert into coke any coal or coal dust produced from the said lands and to
carry away such coke.
(9) To
clear brushwood and to fell and utilise trees, etc..—Liberty and power for or
in connection with any of the purposes mentioned in this part and subject to
the existing rights of others and save as provided in Clause 3 of Part III of
this Schedule to clear undergrowth and brushwood and to fell and utilise any
trees or timber standing or found on the said lands provided that the State
Government may ask the lessee/lessees to pay for any trees or timber felled and
utilised, by him/them at the rates specified by the Deputy
Commissioner/Collector or the State Government.
PART
III
Restrictions and Conditions
as to the exercise of the Liberties, Powers and Privileges in Part II
(1) No
building, etc. upon certain places.—No building or thing shall be erected, set
up or placed and no surface operations shall be carried on in or upon any public
pleasure ground, burning or burial ground or place held sacred by any class of
persons or any house or village site, public road or other place which the
State Government may determine as public ground nor in such a manner as to
injure or prejudicially effect any buildings works property or rights of other
persons and no land will be used for surface operations which is already
occupied by persons other than the State Government for works or purposes not
included in this lease. The lessee/lessees shall not also interfere with any
right of way, well or tank.
(2) Permission
for surface operations in a land not already in use.—Before using for surface
operations any land which has not already been used for such operations, the
lessee/lessees shall give to Deputy Commissioner/Collector of the District two
calendar months previous notice in writing specifying the name or other
description of the situation and the extent of the land proposed to be so used
and the purpose for which the same is required and the said land shall not be
so used if objection is issued by the Deputy Commissioner/Collector within two
months after the receipt by him of such notice unless the objections so stated
shall on reference to the State Government be annulled or waived.
(3) To
cut trees in unreserved lands.—The lessee/lessees shall not without the express sanction of the
Deputy Commissioner/Collector cut down or injure any timber or trees on the
said lands but may without such sanction clear away any brushwood or
undergrowth which interferes with any operations authorised by these presents.
The Deputy Commissioner/Collector or the State Government may require the
lessee/lessees to pay for any trees or timber felled and utilised by him/them
at the rates specified by the Deputy Commissioner/Collector of the District.
(4) To
enter upon reserved forests.—Notwithstanding anything in this Schedule contained the
lessee/lessees shall not enter upon any reserved forest included in the said
lands without previous sanction in writing of the District Forest Officer nor
fell, cut and use any timber or trees without obtaining the sanction in writing
of that Officer nor otherwise than in accordance with such conditions as the
State Government may prescribe.
(5) No
mining operations within 50 metres of public works, etc..—The lessee/lessees shall
not work or carry on or allow to be worked or carried on any mining operations
at or to any point within a distance of 50 metres from any railway line except
with the previous written permission of the Railway Administration concerned or
under or beneath any rope way or any ropeway trestle or station, except under
and in accordance with the written permission of the authority owning the
ropeway or from any reservoir, canal or other public works such as public roads
and buildings or inhabited site except with the previous written permission of
the Deputy Commissioner/Collector or any other officer authorised by the State
Government in this behalf and otherwise than in accordance with such
instructions, restrictions and conditions either general or special which may
be attached to such permission.
The said distance of 50
metres shall be measured in the case of railway, reservoir or canal
horizontally from the outer toe of the bank or the outer edge of the cutting as
the case may be and in case of a building horizontally from the plinth thereof.
In the case of village roads no working shall be carried on within a distance
of 10 metres of the outer edge of the cutting except with the previous
permission of the Deputy Commissioner/Collector or any other officer duly
authorised by the State Government in this behalf and otherwise than in
accordance with such directions, restrictions and additions, either general or
special, which may be attached to such permission.
Explanation. For the purposes of this
clause the expression ‘Railway Administration’ shall have the same meaning as
it is defined to have in the Indian Railways Act. 1890, by clause (6) of
Section 3 of that Act. ‘Public Road’ shall mean a road which has been
constructed by artificially surfaced as distinct from a track resulting from
repeated use. Village road will include any track shown in the Revenue record
as village road.
(6) The lessee/lessees shall
allow existing and future holders of Government licences or leases over any
land which is comprised in or adjoins or is reached by the land held by the
lessee/lessees reasonable facilities of access thereto:
Provided that no
substantial hindrance or interference shall be caused by such holders of
licences or leases to the operations of the lessee/lessees under these presents
and fair compensation (as may be mutually agreed upon or in the event of
disagreement as may be decided by the State Government) shall be made to the
lessee/lessees for loss or damage sustained by the lessee/lessees by reason of
the exercise of this liberty.
PART
IV
Liberties, Powers and
Privileges reserved to the State Government
(1) To
work other minerals.—Liberty
and power for the State Government, or to any lessee or persons authorised by
it in that behalf to enter into and upon the said lands and to search for, win,
work, dig, get, raise, dress, process, convert and carry away minerals other
than the said minerals and any other substances and for those purposes to sink,
drive, make erect, construct, maintain and use such pits, shafts, inclines,
drifts, levels and other lines, waterways, airways, water courses, drains,
reservoirs, engines, machinery, plant, buildings, canals, tramways, railways,
roadways and other works and conveniences as may be deemed necessary or
convenient.
Provided that in the
exercise of such liberty and power no substantial hindrance or interference
shall be caused to or with the liberties, powers and privileges of the
lessee/lessees under these presents and that fair compensation (as may be
mutually agreed upon or in the event of disagreement as may be decided by the
State Government) shall be made to the lessee/lessees for all loss or damage
sustained by the lessee/lessees by reason or in consequence of the exercise of
such liberty and power.
(2) To
make railways and roads.—Liberty
and power for the State Government or any lessee or person authorised by it in
that behalf to enter into and upon the said lands and to make upon over or
through the same any railways, tramways, roadways or pipelines for any purpose
other than those mentioned in Part II of these presents and to get from the
said lands, stones, gravel,
earth and other materials for making, maintaining and repairing such railways,
tramways and roads or any existing railways and roads and to and repass at all
times with or without horses, cattle or other animals, carts, wagons,
carriages, locomotives or other vehicles over or along any such railways,
tramways, road lines and other ways for all purposes and as occasion may
require, provided that in the exercise of such liberty and power by such other
lessee or person no substantial hindrance or interference shall be caused to or
with the liberties, powers and privileges of the lessee/lessees under these
presents and that fair compensation as may be mutually agreed upon or in the
event of disagreement as may be decided by the State Government shall be made
to the lessee/lessees for all loss or damage substantial hindrance or
interference shall be caused to or with the exercise by such lessee or person
of such liberty and power.
Part
V
Rents and royalties
reserved by this lease
(1) To
pay dead rent or royalty whichever is higher.—The lessee shall pay, for every year except
the first year of the lease, dead rent as specified in Clause 2 of this Part:
Provided that, where the
holder of such mining lease becomes liable under Section 9 of the Act, to pay
royalty for any mineral removed or consumed by him or by his agent, manager,
employee, contractor or sub-lessee from the leased area, he shall be liable to
pay either such royalty or the dead rent in respect of that area, whichever is
higher.
(2) Rate
and mode of payment of dead rent.—Subject to the provisions of Clause 1 of
this Part, during the subsistence of the lease, the lessee/lessees shall pay to
the State Government annual
dead rent for the lands demised and described in Part I of this Schedule at the
rate for the time being specified in the Third Schedule to the Act, in such
manner as may be specified in this behalf by the State Government.
(3) Rate
and mode of payment of royalty.—Subject to the provision of clause 1 of this part, the lessee/lessees shall during the
subsistence of this lease pay to the State Government at such times and in such
manner as the State Government may prescribe royalty in respect of any
mineral/minerals removed by him/them from the leased area at the rate for the
time being specified in the Second Schedule to the Mines and Minerals
(Development and Regulation) Act, 1957.
(4) Payment
of surface rent, and water rate.—The lessee/lessees shall pay rent and water rate to the State
Government in respect of all parts of the surface of the said lands which shall
from time to time be occupied or used by the lessee/lessees under the authority
of these presents at the rate
of Rs……. and Rs………. respectively per annum per hectare of the area so occupied
or used and so in proportion for any area less than a hectare during the period
from the commencement of such occupation or used until the area shall cease to
be so occupied or used and shall as far as possible restore the surface land so
used to its original condition. Surface rent and water rate shall be paid as
hereinbefore detailed in Clause 2: Provided that no such rent/water rate shall
be payable in respect of the occupation and use of the area comprised in any
roads or ways to which the public have full right of access.
Part
VI
Provisions relating to the
rents and royalties
(1) Rent
and royalties to be free from deduction, etc..—The rent, water rate and royalties
mentioned in Part V of this Schedule shall be paid free from any deductions to
the State Government at ………. and such manner as the State Government may
prescribe.
Provided always and it is
hereby agreed that Rs ……………. the balance standing to the credit of the
lessee/lessees on account of the deposit made by him/them as a
licensee/licensees over an area which included the said lands shall be retained
and accepted by the State Government in satisfaction of the rents and royalties
mentioned in Part V until they reach that amount.
(2) Mode
of computation of royalty.—For
the purposes of computing the said royalties the lessee/lessees shall keep a
correct account of them mineral/minerals produced and despatched. The accounts
as well as the weight of the mineral/minerals in stock or in the process of
export may be checked by an officer authorised by the Central or State
Government. Here specify the mode of arriving at sale price/prices at pits
mouth of mineral/minerals.
(3) Course
of action if rents and royalties are not paid in time.—Should any rent, royalty
or other sums due to the State Government under the terms and conditions of
these presents be not paid by the lessee/lessees within the prescribed time the
same, together with simple interest due thereon at the rate of twenty-four per
cent per annum may be recovered on a certificate of such officer as may be
specified by the State Government by general or special order, in the same
manner as an arrear of land revenue.
PART
VII
The Covenants of the
Lessee/Lessees
(1) Lessee
to pay rents and royalties, taxes, etc..—The lessee/lessees shall pay the rent,
water rate and royalties reserved by this lease at such times and in the manner
provided in PARTS V and VI of these presents and shall also pay and discharge
all taxes, rates, assessments and impositions whatsoever being in the nature of
public demands which shall from time to time be charged, assessed or imposed by
the authority of the Central and State Governments upon or in respect of the
premises and works of the lessee/lessees in common with other premises and
works of a like nature except demands for land revenues.
(2) To
maintain and keep boundary marks in good order.—The lessee/lessees shall at his/their own
expense erect and at all times maintain and keep in repair [boundry
pillars] according to the demarcation to be shown in the plan annexed to this
lease. Such marks and pillars shall be sufficiently clear of the shrubs and
other obstructions as to allow easy identification.
[2-A. Manner of
construction and upkeep of boundary pillars.
(a) each corner of the lease
area shall have a boundary pillar (corner pillar);
(b) there shall be erected
intermediate boundary pillars between the corner pillars in such a way that
each pillar is visible from the adjacent pillar located on either side of it;
(c) the distance between two
adjacent pillars shall not be more than fifty meters;
(d) the pillars shall be of
square pyramid frustum shaped above the surface and cuboid shaped below the
surface;
(e) each pillar shall be of
reinforced cement concrete;
(f) the corner pillars shall
have a base of 0.30m × 0.30m and height of 1.30m of which 0.70m shall be above
ground level and 0.60m below the ground;
(g) the intermediate pillars
shall have a base of 0.25m × 0.25m and height of 1.0m of which 0.70m shall be
above ground level and 0.30m below the ground;
(h) all the pillars shall be
painted in yellow colour and the top ten centimeters in red colour by enamel
paint and shall be grouted with cement concrete;
(i) on all corner pillars,
distance and bearing to the forward and backward pillars and latitude and
longitude shall be marked;
(j) each pillar shall have
serial number in a clockwise direction and the number shall be engraved on the
pillars;
(k) the number of pillar shall
be the number of the individual pillar upon the total number of pillars in the
lease;
(l) the tip of all the corner
boundary pillars shall be a square of 15 centimeter on which a permanent circle
of 10 centimeter diameter shall be drawn by paint or engraved and the actual
boundary point shall be intersection of two diameters drawn at 90 degrees;
(m) the lease boundary survey
shall be accurate within such limits of error as the Controller General, Indian
Bureau of Mines may specify in this behalf;
(n) the location and number of
the pillars shall also be shown in the surface and other plans maintained by
the lessee; and
(o) in case of forest area
within the lease, the size and construction and colour of the boundary pillars
shall be as per the norms specified by the Forest Department in this behalf.]
(3) To
commence operations within two years and work in a workman-like manner.—The lessee/lessees shall commence operation
within two years from the date of execution of the lease and shall thereafter
at all times during the continuance of his lease search for, win, work and
develop, the said minerals without voluntary intermission in a skilful and
workman-like manner and as prescribed under Clause 12 hereinafter without doing
or permitting to be done any unnecessary or avoidable damage to the surface of
the said lands or the crops buildings structures or other property thereon. For
the purposes of this clause operations shall include the erection of machinery,
laying of a tramway or construction of a road in connection with the mine.
(4) To
indemnify Government against all claims.—The lessee/lessees shall make and pay such
reasonable satisfaction and compensation as may be assessed by lawful authority
in accordance with the law force on the subject for all damage, injury or
disturbance which may be done by him/them in exercise of the powers granted by
this lease and shall indemnify and keep indemnified fully and completely the
State Government against all claims which may be made by any person or persons
in respect of any such damage, injury or disturbance and all costs and expenses
in connection therewith.
(5) To
secure and keep in good condition pits, shafts, etc..—The lessee/lessees shall
during the subsistence of this
lease well and sufficiently secure and keep open with timber or other durable
means all pits, shafts and workings that may be made or used in the said lands
and make and maintain sufficient fences to the satisfaction of the State
Government round every such pit, shaft or working whether the same is abandoned
or not and shall during the same period keep all workings in the said lands
except such as may be abandoned accessible free from water and foul air as far
as possible.
(6) To
strengthen and support the mine to necessary extent.—The lessee/lessees shall
strengthen and support to the satisfaction of the Railway Administration
concerned or the State Government,
as the case may be any part of the mine which in its opinion requires such
strengthening or support for the safety of any railway, reservoir, canal, road
and any other public works or structures.
(7) To
allow inspection of workings.—The lessee/lessees shall allow any officer authorised by the
Central Government or the State Government in that behalf to enter upon the
premises including any building, excavation or land comprised in the lease for
the purpose of inspecting, examining, surveying, prospecting and making plans
thereof sampling and collecting any data and the lessee/lessees shall with
proper person employed by the lessee/lessees and acquainted with the mines and
work effectually assist such officer, agents, servants and workmen in
conducting every such inspection and shall afford them all facilities,
information connected with the working of the mines which they may reasonably
require and also shall and will conform to and observe all orders and
regulations which the Central and State Governments as the result of such
inspection or otherwise may, from time to time, see fit to impose.
(8) To
report accident.—The
lessee/lessees shall without delay send to the Deputy Commissioner/Collector a
report of any accident causing death or serious bodily injury or serious injury to property or seriously
affecting or endangering life or property which may occur in the course of the
operations under this lease.
(9) To
report discovery of other minerals.—The lessee/lessees shall report to the
State Government the discovery
in the leased area of any mineral not specified in the lease within sixty days
of such discovery along with full particulars of the nature and position of
each such find. If any mineral not specified in the lease is discovered in the
leased area, the lessee/lessees shall not win and dispose of such mineral
unless such mineral is included in the lease or a separate lease is obtained
therefor.
(10) To
keep records and accounts regarding production and employees, etc..—The lessee/lessees shall
at all time during the said term keep or cause to be kept at an office to be
situated upon or near the said lands correct and intelligible books of accounts
which shall contain accurate entries
showing from time to time.
(1) Quantity and quality of the
said mineral/minerals realised from the said lands.
(2) Quantity of the various
qualities of ores beneficiated or converted (for example coal converted into
coke).
(3) Quantities of the various
qualities of the said mineral/minerals sold and exported separately.
(4) Quantities of the various
qualities of the said mineral/minerals otherwise disposed of and the manner and
purpose of such disposal.
(5) The prices and all other
particulars of all sales of said mineral/minerals.
(6) The number of persons
employed in the mines or works or upon the said lands specifying nationality,
qualifications and pay of the technical personnel.
(7) Such other facts particulars
and circumstances as the Central or the State Governments may from time to time
require and shall also furnish free of charge to such officers and at such
times as the Central and State Governments may appoint true and correct
abstract of all or any such books of accounts and such information and returns
to all or any of the matters aforesaid as the State Government may prescribe
and shall at all reasonable times allow such officers as the Central Government
or State Government shall in that behalf appoint to enter into and have free
access to the said officers for the purpose of examining and inspecting the
said books of accounts, plans and records and to make copies thereof and make
extracts therefrom.
(11) To
maintain plans, etc..—The
lessee/lessees shall at all times during the said term maintain at the mine
office correct intelligible up-to-date and complete plans and sections of the
mines in the said lands. They shall show all the operations, and workings and
all the trenches, pits and drillings made by him/them in the course of
operations carried on by him/them under the lease, faults and other
disturbances encountered and geological data and all such plans and sections
shall be amended and filled up by and from actual surveys to be made for that
purpose at the end of twelve months or any period specified from time to time
and the lessee/lessees shall furnish free of charge to the Central and State
Governments true and correct copies of such plans and sections whenever
required. Accurate records of all trenches, pits and drillings shall show.
(a) The subsoil and strata
through which they pass.
(b) Any mineral encountered.
(c) Any other matter of
interest and all data required by the Central and State Governments, from time
to time.
The lessee/lessees shall
allow any officer of the Central or the State Government, authorised in this
behalf by the Central Government, to inspect the same at all reasonable times.
He/they shall also supply
when asked for by the State Government/the Coal Controller the Director
General, Geological Survey of India, the Controller General, Indian Bureau of
Mines a composite plan of the area showing thickness dip, inclination, etc. of
all the seams as also the quantity of reserves quality-wise.
11-A.
The lessee shall pay a wage not less than the minimum wage prescribed by the
Central or State Government from time to time.
11-B.
The lessee shall comply with provisions of the Mines Act, 1952 and the rules
made thereunder.
11-C.
The lessee shall take measures for the protection of environment like planting
of trees, reclamation of land, use of pollution control devices; and such other
measures as may be prescribed by the Central or State Government, from time to
time, at his own expense.
11-D.
The lessee shall pay compensation to the occupier of the land on the date and
in the manner laid down in these rules.
11-E.
The lessee shall, in the matter of employment, give preference to the tribals
and to the persons who become displaced-because of the taking up of mining operations.
(12) Act
67 of 1957.—The
lessee/lessees shall be bound by such rules as may be issued from time to time by the Government of India under
Section 18 of the Mines and Minerals (Development and Regulation) Act, 1957
(Act 67 of 1957) and shall not carry on mining or other operations under the
said lease in any way other than as prescribed under these rules.
(13) To
provide weighing machine.—Unless
specifically exempted by the State Government the lessee/lessees shall provide
and at all times keep at or near the pit head or each of the pit heads at which
the said minerals shall be brought to bank a properly constructed and efficient
weighing machine and shall weigh or cause to be weighed thereon all the said
minerals, from time to time, brought to bank, sold, exported and converted and
also the converted products and shall at the close of each day cause the total
weights, ascertained by such means of the said minerals, ores products raised,
sold, exported and converted during the previous twenty-four hours to be
entered in the aforesaid books of accounts. The lessee/lessees shall permit the
State Government at all times during the said term to employ any person or
persons to be present at the weighing of the said minerals as aforesaid and to
keep accounts thereof and to check the accounts kept by the lessee/lessees. The
lessee/lessees shall give…. days previous notice in writing to the Deputy
Commissioner/Collector of every such measuring or weighing in order that he or
some officer on his behalf may be present thereat.
(14) To
allow test of weighing machine.—The lessee/lessees shall allow any person or persons appointed in that behalf by the State
Government at any time or times during the said term to examine and test every
weighing machine to be provided and kept as aforesaid and the weights used therewith in order to
ascertain whether the same respectively are correct and in good repair and
order and if upon any such examination or testing any such weighing machine or
weights shall be found incorrect or out of repair or order the State Government
may require that the same be adjusted, repaired and put in order by and at the
expense of the lessee/lessees and if such requisition be not complied with
within fourteen days after the same shall have been made, the State Government
may cause such weighing machine or weights to be adjusted, repaired, and put in
order and the expense of so doing shall be paid by the lessee/lessees to the
State Government on demand and if upon any such examination or testing as
aforesaid any error shall be discovered in any weighing machine or weights to
the prejudice of the State Government such error shall be regarded as having
existed for three calendar months, previous to the discovery thereof or from
the last occasion of so examining and testing the same weighing machine and
weights in case such occasion be within such period of three months and the
said rent and royalty shall be paid and accounted for accordingly.
(15) To
pay compensation for injury of third parties.—The lessee/lessees shall make and pay
reasonable satisfaction and compensation for all damage, injury or disturbance
or person or property which may be done by or on the part of lessee/lessees in
exercise of the liberties and power granted by these presents and shall at all
times save harmless and keep indemnified the State Government from and against
all suits claims and demands which may be brought or made by any person or
persons in respect of any such damage, injury or disturbance.
(16) Not
to obstruct working of other minerals.—The lessee/lessees will exercise the
liberties and powers hereby granted in such a manner as to offer no unnecessary
or reasonably avoidable obstruction or interruption to the development and
working within the said lands of any minerals
not included in this lease and shall at all times afford to the Central and
State Government and to the holders of prospecting licences or mining leases in
respect of any such minerals or any minerals within any land adjacent to the
said lands as the case may be reasonable means of access and safe and
convenient passage upon and across the said lands to such minerals for the
purpose of getting working, developing and carrying away the same provided that
the lessee/lessees shall receive reasonable compensation for any damage or
injury which he/they may sustain by reason or in consequence of the use of such
passage by such lessees or holders of prospecting licences.
(17) Transfer
of lease.
(1) The lessee/lessees shall
not, without the previous consent in writing of the State Government, [omitted]
(a) assign, sublet, mortgage,
or in any other manner, transfer the mining lease, or any right, title or
interest therein, or
(b) enter into or make any
arrangement, contract or understanding whereby the lessee/lessees will or may
be directly or indirectly financed to a substantial extent by, or under which
the lessee's operations or undertakings will or may be substantially controlled
by, any person or body of persons other than the lessee/lessees:
Provided that the State
Government shall not give its written consent unless.
(a) the lessee has furnished an
affidavit along with his application for transfer of the mining lease
specifying therein the amount that he has already taken or proposes to take as
consideration from the transferee;
(b) the transfer of the mining
lease is to be made to a person or body directly undertaking mining operations.
(2) Without prejudice to the
above provisions the lessee/lessees may, subject to the conditions specified in
the proviso to Rule 35 of said Rules, transfer this lease or any right, title
or interest therein, to a person who has filed an affidavit stating that he has
filed up-to-date income tax returns, paid income tax assessed on him and paid
the income tax on the basis of self-assessment as provided in the Income Tax
Act, 1961 (43 of 1961), on payment of five hundred rupees to the State
Government:
Provided that the
lessee/lessees shall make available to the transferee the original or certified
copies of all plans of abandoned workings in the area and in a belt 65 metres
wide surrounding it.
Provided further that where
the mortgagee is an Institution or a Bank or a Corporation specified in
Schedule V, it shall not be necessary for any such Institution or Bank or
Corporation to meet with the requirement relating to income tax and the said
valid clearance certificate.
(3) The State Government, may
by order in writing, determine the lease at any time if the lessee/lessees
has/have in the opinion of the State Government, committed a breach of any of
the above provisions or has/have transferred the lease or any right, title or
interest therein otherwise than in accordance with clause (2):
Provided that no such order
shall be made without giving the lessee/lessees a reasonable opportunity of
stating his/their case.
(18) Not
to be financed or controlled by a Trust, Corporation, Firm or person.—The lease shall not be controlled and the
lessee/lessees shall not allow themselves to be controlled by any Trust,
Syndicate, Corporation, Firm or person except with the written consent of the
Central Government. The lessee/lessees shall not enter into or make any
arrangement compact or understanding whereby the lessee/lessees will or may be
directly or indirectly financed by or under which the lessee's/lessees'
operations or undertakings will or may be carried on directly or indirectly by
or for the benefit of or subject to the control of any Trust, Syndicate,
Corporation, Firm or person unless with the written sanction given prior to
such arrangement compact or understanding being entered into or made of the
Central Government and any or every such arrangement compact or understanding
as aforesaid (entered into or made with such sanction as aforesaid) shall only
be entered into or made and shall always be subject to an express condition
binding upon the other party or parties thereto that on the occasion of a state
of emergency of which the President of India in his discretion shall be the
sole judge it shall be terminable if so required in writing by the State
Government and shall in the event of any such requisition being made be
forthwith thereafter determined by the lessee/lessees accordingly.
(19) Lessee
shall deposit any additional amount necessary.—Whenever the security deposit of Rs
2000/1000 or any part thereof or any further sum hereafter deposited with the
State Government in
replenishment thereof shall be forfeited or applied by the Central or State
Government pursuant to the power in hereinafter declared in that behalf the
lessee/lessees shall deposit with the State Government such further sum as may
be sufficient with the unappropriated part thereof to bring the amount in
deposit with the State Government up to the sum of Rs 1000/500.
(20) Delivery
of workings in good order to State Governments after determination of lease.—The lessee/lessees shall
at the expiration or sooner determination of the said term or any renewal thereof
deliver up to the State Government all mines, pits, shafts, inclines, drifts,
levels, water ways, airways and
other works now existing or hereafter to be sunk or made on or under the said
lands except such as have been abandoned with the sanction of the State
Government and in any ordinary and fair course of working all engines,
machinery, plant, buildings, structures, other works and conveniences which at
the commencement of the said term were upon or under the said lands and all
such machinery set up by the lessee/lessees below ground which cannot be
removed without causing injury to the mines or works under the said lands
(except such of the same as may with the sanction of the State Government have
become disused) and all buildings and structures of bricks or stone erected by
the lessee/lessees above ground level in good repair order and condition and
fit in all respects for further working of the said mines and the said
minerals.
(21) Right
of pre-emption.
(a) The State Government shall
from time to time and all times during the said term have the right (to be
exercised by notice in writing to the lessee/lessees) of pre-emption of the said minerals (and all products
thereof) lying in or upon the said lands hereby demised or elsewhere under the
control of the lessee/lessees and the lessee/lessees shall with all possible
expedition deliver all minerals or products or minerals purchased by the State
Government under the power conferred by this provision in the quantities at the
times in manner and at the place specified in the notice exercising the said
right.
(b) Should the right of
pre-emption conferred by this present provision be exercised and a vessel
chartered to carry the minerals or products thereof procured on behalf of the
State Government or the Central Government be detained on demurrage at the port
of loading the lessee/lessees shall pay the amount due for demurrage according
to the terms of the charter party of such vessel unless the State Government
shall be satisfied that the delay, is due to causes beyond the control of the
lessee/lessees.
(c) The price to be paid for
all minerals or products of minerals taken in pre-emption by the State
Government in exercise of the right hereby conferred shall be the fair market
price prevailing at the time of pre-emption provided that in order to assist in
arriving at the said fair market price the lessee/lessees shall if so required
furnish to the State Government for the confidential information of the
Government, particularly of the quantities, descriptions and prices of the said
minerals or products thereof sold to other customers and of charters entered
into for freight, for carriage of the same and shall produce to such officer or
officers as may be directed by the State Government original or authenticated
copies of contracts and charter parties entered into for the sale or freightage
of such minerals or products.
(d) In the event of the
existence of a state of war or emergency (of which existence and President of
India shall be the sole judge and a notification to this effect in the Gazette
of India shall be conclusive proof), the State Government with the consent of
the Central Government shall from time to time and all times during the said
term have the right (to be exercised by a notice in writing to the lessee/lessees
forthwith take possession and control of the works plant machinery and premises
of the lessee/lessees on or in connection with the said lands or operations
under this lease and during such possession or control the lessee/lessees shall
conform to and obey all directions given by or on behalf of the Central
Government or State Government regarding the use or employment of such works,
plants, premises and minerals:
Provided that fair
compensation which shall be determined in default of agreement by the State
Government shall be paid to the lessee/lessees for all loss or damage sustained
by him/them by reason or in consequence of the exercise of the powers conferred
by this clause and provided also that the exercise of such powers shall not
determine the said term hereby granted or affect the terms and provisions of
these presents further than may be necessary to give effect to the provisions
of this clause.
(22) Employment
of foreign national.—The
lessee/lessees shall not employ, in connection with the mining operations any
person who is not an Indian national except with the previous approval of the
Central Government.
(23) Recovery
of expenses incurred by the State Government.—If any of the works or matters which in
accordance with the covenants in that behalf hereinbefore contained are to be carried or performed by the
lessee/lessees be not so carried out or performed within the time specified in
that behalf, the State Government may cause the same to be carried out or
performed and the lessee/lessees shall pay the State Government on demand all
expenses which shall be incurred in such carrying out or performance of the
same and the decision of the State Government as to such expenses shall be
final.
(24) Furnishing
of geophysical data.—The
lessee/lessees shall furnish:
(a) all geophysical data
relating to mining fields, or engineering and ground Water surveys, such as
anomaly maps, sections, plans, structures, contour maps, logging, collected by
him/them during the course of mining operations to the Director-General,
Geological Survey of India, Calcutta.
(b) all information pertaining
to investigations of radioactive minerals collected by him/them during course
of mining operations to the Secretary, Department of Atomic Energy, New Delhi.
(c) Data or information
referred to above shall be furnished every year reckoned from the date of
commencement of the period of the mining lease.
PART
VIII
The Covenants of the State
Government
(1) Lessee/lessees
may hold and enjoy rights quietly.—The lessee/lessees paying the rents, water
rate and royalties hereby reserved and observing and performing all the
covenants and agreements herein contained and on the part of the lessee/lessees
to be observed and performed shall and may quietly hold and enjoy the rights
and premises hereby demised for and during the term hereby granted without any
unlawful interruption from or by the State Government, or any person rightfully
claiming under it.
(2) Acquisition
of land of third parties and compensation thereof.—If in accordance with the provision of
Clause 4 of Part VII of this Schedule the lessee/lessees shall offer to pay to
an occupier of the surface of any part of the said lands compensation for any
damage or injury which may arise from the proposed operations of the
lessee/lessees and the said occupier shall refuse his consent to the exercise
of the right and powers reserved to the State Government and demised to the
lessee/lessees by these presents and the lessee/lessees shall report the matter
to the State Government and shall deposit with it the amount offered as
compensation and if the Central/State Government is satisfied that the amount
of compensation offered is fair and reasonable or if it is not so satisfied and
the lessee/lessees shall have deposited with it such further amount as the
State and Central Government shall consider fair and reasonable the State
Government shall order the occupier to allow the lessee/lessees to enter the
land and to carry out such operations as may be necessary for the purpose of
this lease. In assessing the amount of such compensation the State Government
shall be guided by the principles of the Land Acquisition Act.
(3) To
renew.—The
mining lease is renewable in terms of the provisions of the Act and the rules
made thereunder:
Provided that the State
Government may for reasons to be recorded in writing reduce the area applied
for.
If the lease is in respect
of minerals specified in the First Schedule to the Act, renewal will be subject
to the prior approval of the Central Government.
If the lessee/lessees be
desirous of taking a renewed lease of the premises hereby demised or of any
parts of them for a further term from the expiration of the term hereby granted
and is otherwise eligible, they shall prior to expiration of the last mentioned
term give to the State Government twelve calendar months previous notice in
writing and shall pay the rent, rates and royalties hereby reserved and shall
observe and perform the several covenants and agreements herein contained and
on the part of the lessee/lessees to be observed and performed up to the
expiration of the term hereby granted. The State Government on receipt of
application for renewal, shall consider it in accordance with the provisions of
the Act and the rules made thereunder and shall pass orders as it deems fit. If
renewal is granted, the State Government will at the expense of the
lessee/lessees and upon his executing and delivering to the State Government if
required a counterpart thereof execute and deliver to the lessee/lessees a
renewed lease of the said premises or part thereof for the further term of
…………. years at such rents, rates and royalties and on such terms and subject to
such rents, rates and royalties and on such terms and subject to such covenants
and agreements, including this present covenant to renew as shall be in
accordance with the Mineral Concession Rules, 1960, applicable
to……………………….(name of minerals) on the day next following the expiration of the
term hereby granted.
(4) Liberty
to determine the lease.—The
lessee/lessees may at any time determine this lease by giving not less than 12
calendar months notice in writing to the State Government or to such officer,
or authority as the State Government may specify in this behalf and upon the expiration of such notice provided
that the lessee/lessees shall upon such expiration render and pay all rents,
water rates, royalties, compensation for damages and other moneys which may
then be due and payable under these presents to the lessor or any other person
or persons and shall deliver these presents to the State Government then this
lease and the said term and the liberties, powers and privileges hereby granted
shall absolutely cease and determine but without prejudice to any right or
remedy of the lessor in respect of any breach of any of the covenants or
agreements contained in these presents.
4-A.
The State Government may on an application made by the lessee permit him to
surrender one or more minerals from his lease which is for a group of minerals
on the ground that deposits of that mineral have since exhausted or depleted to
such an extent that it is no longer possible to work the mineral economically,
subject to the condition that the lessee.
(a) Makes an application for
such surrender of mineral at least six months before the intended date of
surrender; and
(b) Gives an undertaking that
he will not cause any hindrance in the working of the mineral surrendered by
any other person who is subsequently granted a mining lease for that mineral.
(5) Refund
of security deposits.—On
such date as the State Government may elect within 12 calendar months after the
determination of this lease or of any renewal thereof, the amount of the
security deposit paid in respect of this lease and then remaining in deposit
with the State Government and not required to be applied to any of the purposes
mentioned in this lease shall be refunded to the lessee/lessees. No interest
shall run on the security deposit.
PART
IX
General Provisions
(1) Obstructions
to inspection.—In
case the lessee/lessees or his/their transferee/assignee does/do not allow
entry or inspection by the officers authorised by the Central or State
Government under clauses (i), (j) or (1) of sub-rule (1) of Rule 27 of said Rules, the State
Government shall give notice in writing to the lessee/lessees requiring
him/them to show cause within such time as may be specified in the notice why
the lease should not be determined and his/their security deposit forfeited;
and if the lessee/lessees fails/fail to show cause within the aforesaid time to
the satisfaction of the State Government, the State Government may determine
the lease and forfeit the whole or part of the security deposit.
(2) Penalty
in case of default in payment of royalty and breach of covenants.—If the lessee/lessees or
his/their transferee or assignee makes/make any default in payment of rent or
water rate or royalty as required by Section 9 of the Act or commits a breach
of any of the conditions and convenants other than those referred to in
covenant 1 above, the State Government shall give notice to the lessee/lessees
requiring him/them to pay the rent, water rate, royalty or remedy the breach,
as the case may be, within sixty days from the date of receipt of the notice
and if the rent, water rate and royalty are not paid or the breach is not
remedied within such period, the State Government without prejudice to any
proceedings that may be taken against him/them, determine the lease and forfeit
the whole or part of the security deposit.
(3) Penalty
for repeated breaches of covenants.—In cases of repeated breaches of covenants
and agreements by the lessee/lessees for which notice has been given by the
State Government in accordance with clauses (1) and (2) aforementioned on
earlier occasion, the State Government without giving any further notice, may
impose such penalty not exceeding twice the amount of annual dead rent
specified in Clause 2, Part V.
(4) Failure
to fulfil the terms of leases due to “Force Majeure”.—Failure on the part of
the lessee/lessees to fulfil any of the terms and conditions of this lease
shall not give the Central or State Government any claim against the
lessee/lessees or be deemed a breach of this lease, in so far as such failure
is considered by the said Government to arise from force majeure, and if
through force majeure the fulfilment by the lessee/lessees of any of the terms
and conditions of this lease be delayed, the period of such delay shall be
added to the period fixed by this lease. In this clause the expression “Force
Majeure” means act of God, war, insurrection, riot, civil commotion, strike,
earth quake, tide, storm, tidal wave, flood, lightning, explosion, fire,
earthquake and any other happening which the lessee/lessees could not reasonably
prevent or control.
(5) Lessee/lessees
to remove his/their properties on the expiry of lease.—The lessee/lessees having
first paid discharged rents, rates and royalties payable by virtue of these
presents may at the expiration or sooner determination of the said term or
within six calendar months thereafter (unless the lease shall be determined
under Clauses 1 and 2 of this Part and in that case at any time not less than
three calendar months nor more than six calendar months after such
determination) take down and remove for his/their own benefit all or any [ore
mineral excavated during the currency of lease] engines, machinery, plant,
buildings structures, tramways, railways and other works, erections and
conveniences which may have been erected, set up or placed by the
lessee/lessees in or upon the said lands and which the lessee/lessees is/are
not bound to deliver to the State Government under Clause 20 of Part VII of
this Schedule and which the State Government shall not desire to purchase.
(6) Forfeiture
of property left more than six months after determination of lease.—If at the end of six
calendar months after the expiration or sooner determination of the said term
under the provision contained in Clause 4 of Part VIII of this Schedule become
effective there shall remain in or upon the said land any [ore
or mineral] engines, machinery, plant, buildings structures, tramways, railways
and other work, erections and conveniences or other property which are not
required by the lessee/lessees in connection with operations in any other lands
hold by him/them under prospecting licence or mining lease the same shall if
not removed by the lessee/lessees within one calendar month after notice in
writing requiring their removal has been given to lessee/lessees by the State
Government be deemed to become the property of the State Government and may be
sold or disposed of in such manner as the State Government shall deem fit
without liability to pay any compensation or to account to the lessee/lessees
in respect thereof.
(7) Notices.—Every notice by these
presents required to be given to the lessee/lessees shall be given in writing
to such person resident on the said lands as the lessee/lessees may appoint for
the purpose of receiving such notices and if there shall have been no such
appointment then every such notice shall be sent to the lessee/lessees by
registered post addressed to the lessee/lessees at the address recorded in this
lease or at such other address in India as the lessee/lessees may from time to
time in writing to the State Government designate for the receipt of notices
and every such service shall be deemed to be proper and valid service upon the
lessee/lessees and shall not be questioned or challenged by him/them.
(8) Immunity
of State Government from liability to pay compensation.—If in any event the
orders of the State Government are revised, reviewed or cancelled by the
Central Government in pursuance of proceedings under Chapter VII of the Mineral
Concession Rules, 1960, the lessee/lessees shall not be entitled to
compensation for any loss sustained by the lessee/lessees in exercise of the
powers and privileges conferred upon him/them by these presents.
8-A.
The lease is executed at.………… the capital town of the State of ………………. (name of
the State) and subject to the provision of Article 226 of the Constitution of
India, it is hereby agreed upon by the lessee and the lessor that in the event
of any dispute in relation to the area and lease, condition of lease, the dues
realisable under the lease and in respect of all matters touching the
relationship of the lessee and the lessor, the suits (or appeals) shall be
filed in the civil courts at ………………. (name of the city) and it is hereby
expressly agreed that neither party shall be competent to file a suit or bring
any action or file any petition at any place other than the courts named above.
(9) For the purpose of stamp
duty the anticipated royalty from the demised land is Rs………… per year.
In witness whereof these
presents have been executed in the manner hereunder appearing the day and year
first above written.
Signed by
for and on behalf of the
Governor/President of India in the presence of
Form L
REGISTER OF APPLICATIONS
FOR MINING LEASES
[See Rule 40(1)]
(1) Serial No.
(2) Date of application for
mining lease.
(3) Date on which application
was received by the Receiving Officer.
(4) Name of the applicant with
full address.
(5) Situation and boundaries of
the land applied for.
(6) Estimated area of the land.
(7) Particulars of minerals
which the applicant desires to mine.
(8) Particulars of the
prospecting licence if the area applied for is covered by it.
(9) Application fee paid and
preliminary expenses deposited.
(10) Final disposal of the
application together with number and date of the order.
(11) Remarks.
(12) Signature of the officer.
Form M
REGISTER OF MINING LEASES
[See Rule 40(2)]
(1) Serial No.
(2) Name of the lessee.
(3) Residence with complete
address of lessee.
(4) Date of application.
(5) Date on which application
was received by Receiving Officer.
(6) (a) Number and date of grant of lease.
(b) Date of execution of mining lease.
(7) [omitted]
(8) Situation and boundaries of
the land.
(9) Total area for which lease
has been granted.
(10) Mineral or minerals for
which lease originally granted.
(11) Mineral or minerals added
to the mining lease with date.
(12) Period for which granted.
(13) Date and period of renewal.
(14) Date of change together
with details of change that take place in name, nationality or other
particulars of the holder of mining lease.
(15) Date of assignment of
transfer of the lease, if any, and the name and address of the
assignee/transferee.
(16) Date of expiry or
relinquishment or cancellation.
(17) Date from which the area is
available for regrant.
(18) Remarks.
(19) Signature of the officer.
Form N
“To
be submitted in triplicate”
MODEL
FORM OF APPLICATION FOR REVISION
(See Rule 54)
(1)
Name
and address of individual/s firm or company applying.
(2)
Profession
of individual/s or firm or company.
(3)
(a) Number and date of order and
authority passing the order against which revision application is filed;
(b) Date of communication of the order to the applicant.
(4)
(a) [omitted]
(b) If the application is in respect of an order made on an
application for mineral concession, specify.
(i) whether for grant or
renewal;
(ii) whether for prospecting
licence or for mining lease;
(iii) date of such application;
(iv) if for renewal, the number
and date of letter of the State Government conveying the grant and the date up
to which licence/lease was granted;
(v) in the case of second or
subsequent renewal, the number and date of letter of earlier grant(s) and
date(s) up to which grant(s) have been made.
(5)
Mineral
or minerals for which the revision application is filed.
(6)
Details
of the area in respect of which the revision application is filed.
|
District
|
Taluk
|
village
|
Khasra No.
|
|
Total area claimed.
|
(A map or plan of the area (s) to be attached.)
(7)
Whether
application fee of Rs 500 has been deposited in the manner prescribed in
sub-rule (1) of Rule 54 of the Mineral Concession Rules, 1960. If so, treasury
receipt or bank draft in original should be attached.
(8)
Whether
the revision application has been filed within three months of the date of
communication of the order passed by the State Government.
(9)
If
not the reasons for not presenting it within the prescribed limit as provided
for in proviso to sub-rule (1) of Rule 54 of Mineral Concession Rules, 1960.
(10)
Name
and complete address of the party/parties impleaded sub-rule (2) of Rule 54.
(11)
1
Number of copies of petition attached sub-rule (3) of Rule 54.
(12)
Grounds
of revision.
(13)
If
the revision application has been filed by the holder of Power of Attorney, the
Power of Attorney to be attached.
Yours faithfully,
Place
Date
Signature and designation
of the applicant
Form O
MODEL
FORM FOR TRANSFER OF MINING LEASE
(See Rule 37-A)
When the transferor is an
individual…………….The indenture made this…………….day of……………… 20….between………… (Name
of the person with address and occupation) (hereafter referred to as the
“transferor” which expression shall where the context so admits be deemed to
include his heirs, executors, administrators, representatives and permitted
assigns).
When the transferors are
more than one individual………….(Name of person with address and occupation) and
…………………….(Name of person with address and occupation) (hereinafter referred to
as the “transferor” which expression shall where the context so admits be
deemed to include their respective heirs, executors, administrators,
representatives and permitted assigns).
When the transferor is a
registered firm………….(Name of the person with address of all the partners) all carrying
on business in partnership under the firm name and style of………….(Name of the
firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having
their registered office at……………(hereinafter referred to as the “transferor”
which expression where the context so admits be deemed to include all the said
partners, their respective heirs, executors, legal representatives and
permitted assigns).
When the transferor is a
registered company …………(Name of Company) a company registered under ……………(Act
under which incorporated) and having its registered office
at………….(Address)(hereinafter referred to as the “transferor” which expression
shall where the context so admits be deemed to include its successors and
permitted assigns) of the first part.
And
When the transferee is an
individual ………. (Name of person with address and occupation) (hereinafter
referred to as the “transferee” which expression shall where the context so
admits be deemed to include his heirs, executors, administrators, representatives
and permitted assigns.).
When the transferees are
more than one individual……….(Name of the person with address and occupation)
and ………….(Name of person with address and occupation)(hereinafter referred to
as the “transferee” which expression shall where the context so admits be
deemed to include their respective heirs, executors, administrators,
representatives and permitted assigns).
When the transferee is a
registered firm…………(Name and address of all the partners all carrying on
business in partnership under the firm name and style of) ………………(Name of the
firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having
their registered office at……………(hereinafter referred to as the “transferee”
which expression where the context so admits be deemed to include all the said
partners, their respective heirs, executors, legal representatives and
permitted assigns).
When the transferee is a
registered company………….(Name of the Company) a company registered under (Act
under which incorporated) and having its registered office at …………… (Address)
(hereinafter referred to as the “transferee” which expression shall where the
context so admits be deemed to include its successors and permitted assigns) of
the second part.
And
The Governor of ………….
(hereinafter referred to as the ‘State Government’ which expression shall where
the context so admits be deemed to include the successors and assigns) of the
third part.
Whereas by virtues of an
indenture of lease dated the …………… and registered as No. …………….on ……………… (date)
in the office of the Sub-registrar of ……………. (place) (hereinafter referred to
as lessee) the original whereof is attached hereto and marked ‘A’ entered into
between the State Government (therein called the lessor) and the transferor (therein
called the lessee), the transferor is entitled to search for, win and work
mines and minerals in respect of………………(Name of mineral/s) in the lands
described in Schedule thereto and also in Schedule annexed hereto for the term
and subject to the payment of the rents and royalties and observance and
performance of the lessee's covenant and conditions in the said deed of lease
reserved and contained including a covenant not to assign the lease or any
interest thereunder without the previous sanction of the State Government.
And whereas the transferor
is now desirous of transferring and assigning the lease to the transferee and
the State Government has, at the request of the transferor, granted (with the
prior approval of the Central Government) permission to the transferor vide
order No……………….dated …………. to such a transfer and assignment of the lease upon
the condition of the transferees entering into an agreement is and containing
the terms and conditions hereinafter set-forth.
Now this Deed Witnesseth
follows:
(1)
[omitted]
(2)
The
transferee hereby covenants with the State Government that from and after the
transfer and assignment of the lease the transferee shall be bound by, and be
liable to perform, observe and conform and be subject to all the provisions of
all the covenants, stipulations and conditions contained in said hereinbefore
recited lease in the same manner in all respects as if the lease had been
granted to the transferee as the lessee thereunder and he had originally
executed it as such.
(3)
It
is further hereby agreed and declared by the transferor of the one part and the
transferee of the other part that.
(i) The transferor and the
transferee declare that they have ensured that the mineral rights over the area
for which the mining lease is being transferred vest in the State Government.
(ii) The transferor hereby
declares that he has not assigned, sublet, mortgaged or in any other manner
transferred the mining lease now being transferred and that no other person or
persons has any right, title or interest where under in the present mining
lease being transferred.
(iii) The transferor further
declares that he has not entered into or made any Agreements, contract or
understanding whereby he had been or is being Directly or indirectly financed
to a substantial extent by or under which the Transferor's operation or
understandings were or are being substantially controlled by any person or body
of persons other than the transferor.
(iv) The transferee hereby
declares that he/she has accepted all the conditions and liabilities which the
transferor was having in respect of such mining licence.
(v) The transferee further
declares that he is financially capable of and will directly undertake mining
operations.
(vi) The transferee further
declares that he has filed an affidavit stating that he has filed up-to-date
income tax returns, paid the income tax assessed on him and paid the income tax
on the basis of self-assessment as provided in the Income Tax Act, 1961 (43 of
1961).
(vii) The transferor has supplied
to the transferee the original or certified Copies of all plans of abandoned
workings in the area and in a belt 65 Metres wide surrounding it.
(viii) The transferee hereby
further declares that as a consequence of this Transfer, the total area while
held by him under mineral concessions are not in contravention of Section 6 of
the Mines and Minerals (Development and Regulation) Act, 1957 or Rule 35 of the
Mineral Concession Rules, 1960.
(ix) The transferor has paid all
the rent, royalties, and other dues towards Government till the date, in respect
of this lease.
(x) In witness whereof the
parties hereto have signed on the date and year first above written.
SCHEDULE
Location and area of the
lease
All that tract of lands
situated at …………….……………………………….
(Description of area or
areas) ………………….………… in (Pargana) in ……………………………the Registration Distt……………….
Sub District……….………….and Thana……………….bearingCadestral Survey Nos. …………………….
containing an area of …………………………….or thereabout delineated on the plan hereto
annexed and thereon coloured …………………………… and bounded as follows—
ON THE NORTH BY
ON THE SOUTH BY
ON THE EAST BY
AND
ON THE WEST BY
Signed by
for and on behalf of the
State Govt. in the presence of
Signature of transferor in
the presence of witnesses
Signature of transferee in
the presence of
[Form P
Model
form for transfer of prospecting licence
(See Rule 15-A)
When the transferor is an
individual………….…………….This indenture made this…………….day of……………… 20….between…………
(Name of the person with address and occupation) (hereinafter referred to as
the “transferor” which expression shall where the context so admits be deemed
to include his heirs, executors, administrators, representatives and permitted
assigns).
When the transferors are
more than one individual…………. (Name of persons with address and occupation) and
……………………. (Name of persons with address and occupation) (hereinafter referred
to as the “transferor” which expression shall where the context so admits be
deemed to include their respective heirs, executors, administrators,
representatives and permitted assigns).
When the transferor is a
registered firm…………. (Name of the person with address of all the partners) all
carrying on business in partnership under the firm name and style of………….(Name
of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and
having their registered office at……………(hereinafter referred to as the
“transferor” which expression shall where the context so admits be deemed to
include all the said partners, their respective heirs, executors, legal
representatives and permitted assigns).
When the transferor is a
registered company ………… (Name of the Company) a company registered under
……………(Act under which incorporated) and having its registered office
at………….(Address) (hereinafter referred to as the “transferor” which expression
shall where the context so admits be deemed to include its successors and
permitted assigns) of the first part.
And
When the transferee is an
individual ………. (Name of person with address and occupation) (hereinafter
referred to as the “transferee” which expression shall where the context so
admits be deemed to include his heirs, executors, administrators,
representatives and permitted assigns).
When the transferees are
more than one individual….………….(Name of the person with address and occupation)
and ………….(Name of person with address and occupation) (hereinafter referred to
as the “transferee” which expression shall where the context so admits be
deemed to include their respective heirs, executors, administrators,
representatives and permitted assigns).
When the transferee is a
registered firm…………(Name and address of all the partners) all carrying on business
in partnership under the firm name and style of ………………(Name of the firm)
registered under the Indian Partnership Act, 1932 (9 of 1932) and having their
registered office at……………(hereinafter referred to as the “transferee” which
expression where the context so admits be deemed to include all the said
partners, their respective heirs, executors, legal representatives and
permitted assigns).
When the transferee is a
registered company…………. (Name of the Company) a company registered under
……………(Act under which incorporated) and having its registered office at ……………
(Address) (hereinafter referred to as the “transferee” which expression shall
where the context so admits be deemed to include its successors and permitted
assigns) of the second part.
And
The Governor of ………….
(hereinafter referred to as the ‘State Government’ which expression shall where
the context so admits be deemed to include the successors and assigns) of the
third part.
Whereas by virtue of an
indenture of licence dated the …………….…… and registered as No. …………….on ………………
(date) in the office of the Sub-registrar of ………………….(place) (hereinafter
referred to as licensor) the original whereof is attached hereto and marked ‘A’
entered into between the State Government (therein called the licensor) and the
transferor (therein called the licensee), the transferor is entitled to search
for, the minerals in respect of………………(Name of mineral(s) in the lands described
in the Schedule thereto and also in Schedule annexed hereto for the term and
subject to the payment of prospecting and other fees and royalties and
observance and performance of the licensee's covenant and conditions in the
said deed of licence reserved and contained including a covenant not to assign
the licence or any interest thereunder without the previous sanction of the
State Government.
And whereas the transferor
is now desirous of transferring and assigning the licence to the transferee and
the State Government has, at the request of the transferor, granted permission
to the transferor vide order No……………….dated …………. to such a transfer and
assignment of the licence upon the condition of the transferee entering into an
agreement in and containing the terms and conditions hereinafter setforth.
Now this Deed Witnesseth as
follows:
(1)
The
transferee hereby covenants with the State Government that from and after the
transfer and assignment of the licence, the transferee shall be bound by, and
be liable to perform, observe and conform and be subject to all the provisions
of all the covenants, stipulations and conditions contained in said
hereinbefore recited licence in the same manner in all respects as if the
licence had been granted to the transferee as the licensee thereunder and he
had originally executed it as such.
(2)
It
is further hereby agreed and declared by the transferor of the one part and the
transferee of the other part that.
(i) the transferor and the
transferee declare that they have ensured that the mineral rights over the area
for which the prospecting licence is being transferred vest in the State
Government;
(ii) the transferor hereby
declares that he has not assigned, sublet, mortgaged or in any other manner
transferred the prospecting licence now being transferred and that no other
person or persons has any right, title or interest where under in the present
prospecting licence being transferred;
(iii) the transferor further
declares that he has not entered into or made any agreement, contract or
understanding whereby he had been or is being directly or indirectly financed
to a substantial extent by or under which the transferor's operation or
understandings were or are being substantially controlled by any person or body
or persons other than the transferor;
(iv) the transferee hereby
declares that he has accepted all the conditions and liabilities which the
transferor was having in respect of such prospecting licence;
(v) the transferee further
declares that he is financially capable of and will directly undertake
prospecting operations;
(vi) the transferee further
declares that he has filed an affidavit stating that he has filed up-to-date
income tax returns, paid the income tax assessed on him and paid the income tax
on the basis of self-assessment as provided in the Income Tax Act, 1961, (43 of
1961);
(vii) the transferor has supplied
to the transferee the original/or certified copies of all plans of exploration
and abandoned pits in the area and in a belt of 65 meters wide surrounding it;
(viii) the transferee hereby
further declares that as a consequence of this transfer, the total areas held
by him under mineral concessions are not in contravention of Section 6 of the
Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);
(ix) the transferor has paid all
the prospecting and other fees, royalties, and other dues towards Government
till the date, in respect of this licence.
(x) In witness whereof the
parties hereto have signed on the date and year first above written.
SCHEDULE
Location and area of the
licence:
All that tract of lands
situated at ………………….……… (Description of areas) ………………….… in (Pargana) in
……………………………the District…………….…. Sub-District……….………….and Thana……………….bearing
Cadestral Survey Nos.…………….……………………………… containing an area of …………………………….or
thereabout delineated on the plan hereto annexed and thereon
coloured……….……………………………. and bounded as follows—
ON THE NORTH BY
ON THE SOUTH BY
ON THE EAST BY
AND
ON THE WEST BY
Signed by
for and on behalf of the
State Government in presence of
Signature of transferor in
the presence of witnesses
Signature of transferee in
the presence of
[Form Q
MODEL
FORM
Application
for Grant of Prospecting Licence-Cum-Mining Lease
[See Rule 40-A]
(To
be submitted in triplicate)
GOVERNMENT OF.......
Received at......(place)
on........(Date)
Initial of Receiving
Officer… Dated ……… day of …. 20…
To
……….
……….
Through……….
Sir,
(1)
I
………., the authorised signatory of ……….(name of successful allocatee company or
corporation) request that a prospecting licence-cum-mining lease under the
Mineral Concession Rules, 1960 be granted to ………. (name of successful allocatee
company or corporation).
(2)
A
sum often thousand rupees in accordance with Rule 40-A of the Mineral
Concession Rules, 1960 has been deposited.
(3)
The
required particulars are given below.
(i) Name of the applicant with
complete address.
(ii) Is the applicant a private
company, public company or corporation?
(iii) An attested copy of the
certificate of registration of the company or corporation shall be enclosed.
(iv) Nature of business of
applicant.
(v) Number and date of the
valid clearance certificate of payment of mining dues (copy enclosed) or
affidavit when not holding any mining lease.
(vi) If on the date of
application the applicant does not hold a prospecting licence, it should be
stated whether an affidavit to this effect has been furnished to the satisfaction
of the State Government.
(vii) Mineral or minerals which
the applicant intends to prospect and mine.
(viii) Period of prospecting
licence stage for which the prospecting licence-cum-mining lease is required.
(ix) Extent of the area the
applicant wants to prospect.
(x) Details of the area in
respect of which prospecting licence-cum-mining lease is required. (District,
Taluq, Village, Khasra No., Plot No., Area, etc.).
(xi) (a) Does the applicant have surface rights over the area for
which he requires a prospecting licence?
(b) If not, has he obtained the consent of the owner, and the
occupier of the land for undertaking prospecting operations. If so, the consent
of the owner and the occupier obtained in writing be filed.
(xii) Brief description of the
area with particular reference to the following:
(a)
the
situation of the area in respect to natural features such as streams, etc.
(b)
in
the case of village, areas, the name of the village and if only a part of the
village is applied for, the khasra number, the area in hectares of each field
or part thereof applied for.
N.B.The areas shall cover whole
or recognised part survey numbers.
(c)
In
the case of forest areas, the name of the working circle, the range and the
felling series.
(d)
For
areas where no forest maps or cadestral maps are available, a sketch plan
should be submitted on scale showing the area applied for together with
boundary, if any, of any other existing mining lease or prospecting licence
area if the area applied for has any common point or line with the boundaries
of existing prospecting licence or mining lease areas.
(xiii) The areas applied for
should be marked on plans as detailed below:
(a)
In
case a cadestral map of the area is available, the area on this map should be
marked showing the name of the village, Khasra number and area in hectares of
each field and part thereof.
N.B. The area applied for shall
cover whole survey numbers.
(b)
In
the case of forest maps, the area should be marked on the map showing the range
and felling series.
(c)
In
case neither cadestral nor forest maps are available, the area should be marked
on sketch plan drawn to scale showing on this plan all important surface and
natural features, the dimensions of the lines forming the boundary of the area
and the bearing and distance of all corner points from any important, prominent
and fixed point or points.
(xiv) An affidavit, that the
up-to-date income tax returns, as prescribed under the Income Tax Act, 1961,
have been filed, and tax due, including the tax on account of self-assessment
has been paid.
(xv) Particulars of the areas
mineral-wise within the jurisdiction of the State Government for which the
applicant or any person joint in interest with him:
(a)
already
holds under prospecting licence and mining lease;
(b)
has
already applied for but not granted;
(c)
being
applied for simultaneously.
(xvi) Nature of joint in
interest, if any.
(xvii) If the applicant intends to
supervise the works, his previous experience of prospecting and mining should
be explained; If he intends to appoint a manager, the name of such manager, his
qualifications, nature and extent of his previous experience should be
specified and his consent letter should be attached.
(xviii) Financial resources of the
applicant.
(xix) Particulars of receipted
treasury challan attached for the amount referred to at 2 above.
(xx) Any other particulars or
sketch map which the Applicant wishes to furnish.
(xxi) Authorisation letter/ power
of attorney from the successful allocatee company authorising the authorised
signatory to submit the application for prospecting licence-cum-mining lease is
enclosed.
(xxii) I/We do hereby declare that
the particulars furnished above are correct and am/are ready to furnish any
other details, including accurate plans as may be required by you.
Yours faithfully,
(Signature and designation
of the applicant)
Place
Date
Note:
(1)
The
application should relate to one compact area only.
(2)
Such
large-size map, as may be available, should be attached for proper demarcation
of the areas, specially when the area applied for is 40 hectares or less.
(3)
Detailed
plan and topographical map are to be attached in triplicate with the original
application.]
[Form R
[Rule
27-A(3)]
Self-declaration
For the financial year 1st
April, 20………………… to 31st March, 20………………
ANNUAL RETURN
To
(i) The Nominated Authority
Ministry of Coal
Shastri Bhawan, New Delhi
(ii) The Coal Controller
Office of the Coal
Controller's Organisation
1, Council House Street,
Lal Dighi, BBD Bagh
Kolkata, West Bengal-700001
(iii) State Government
(PRODUCTION, DISPATCHES AND
STOCKS OF COAL/LIGNITE)
(Unit of Quantity in
Tonnes)
(1)
Details of Mine:
|
(a)
|
Registration number allotted by Indian Bureau of
Mines
(to give registration number of the Lessee-Owner)
|
|
|
(b)
|
Mine Code (allotted by Indian Bureau of Mines)
|
|
|
(c)
|
Name of the Mineral (Coal OR Lignite):
|
|
|
(d)
|
Name of Mine
|
|
(2)
Location of the Mine:
|
Village
|
|
|
Post Office
|
|
|
Tahsil-Taluk
|
|
|
District
|
|
|
State
|
|
|
PIN Code
|
|
|
Fax No:
|
E-mail:
|
|
Phone No:
|
Mobile:
|
(3)
Name and address of Lessee—Owner (along with fax no.
and e-mail):
|
(a)
|
Name of Lessee-Owner
|
|
|
(b)
|
Address
|
|
|
(c)
|
District
|
|
|
(d)
|
State
|
|
|
(e)
|
PIN Code
|
|
|
(f)
|
Fax No.:
|
E-mail:
|
|
(g)
|
Phone No:
|
Mobile:
|
|
(h)
|
Registered Office of the Lessee
|
|
|
(i)
|
Director in-charge
|
|
|
(j)
|
Agent:
|
|
|
(k)
|
Manager:
|
|
(4)
Yearly Grade—wise Production, EUP Requirement, EUP
Utilisation, Sale etc.
|
Lignite/Grades of coal
|
Opening stock at pit- head (Carried Forward)
|
Production
|
EUP Requirement
|
EUP Utilisation
|
Quantity Sold
|
Closing stock at pit-head
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grand Total:
|
|
|
|
|
|
|
(5)
Sales—Dispatches effected for Domestic Purposes
and for Exports:
|
Lignite/Grade of coal
|
Nature of Dispatch (Indicate whether Domestic
Sale or Domestic Transfer or Captive consumption or Export)
|
For Domestic Purposes
|
For export
|
|
Registration number/GSTN of the buyer/ consignee
##
|
Consignee name##
|
Quantity
|
Sale value (`)
|
Country
|
Quantity
|
F.O.B Value (`)
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grand Total:
|
|
|
|
|
|
|
|
|
To indicate separately if
more than one buyer.
Note.—Mine owners are required
to substantiate domestic sale value- FOB value for each grade of coal or
lignite quoted above with copy of invoices (not to be submitted with the
return; to be produced whenever required).
(6)
Give reasons for increase—decrease in production-nil
production, if any, during the year compared
to the previous year.
(7)
Give reasons for increase—decrease in grade wise
ex-mine price, if any, during the year compared
to the previous year.
Place:……………
Date……………….
Signature……………………………….
Name in Full……………………………
Designation:
Owner/Agent/Mining Engineer/Manager]
[SCHEDULE II
[See Rule 9(2)(a)]
Application fee for
prospecting licences
(1) For first square kilometre
or part thereof two hundred and fifty rupees.
(2) For each additional square
kilometre fifty rupees.]
SCHEDULE
III
[See Rule 14(1)(ii)(a) and (b)]
Maximum quantities of ores
and minerals removable
|
Class
|
Mineral/ore
|
Quantities that can be carried away without any
payment
|
Maximum quantity that can be carried away by
payment of royalty
|
|
1
|
2
|
3
|
4
|
|
Class I
|
Asbestos, graphite, mica, native sulphur,
auriferous rock with visible uranium mineral and uranium bearing minerals,
minerals of rare earths group, beryl, tantalite, columbite-concentrates of
ores of antimony, arsenic, bismuth, chromium, copper, lead, nickel, tin,
titanium, tungsten, zinc.
|
250 kg
|
10 tonnes
|
|
Class II
|
Auriferous rock and gravel containing no visible
gold, metalliferous ores meant for extracting cadmium, cobalt, mercury,
molybdenum, silver, helium, vanadium, barytes, bitumen, borax, corundum,
emery, grossularite, felspar, fluorspar and calcite.
|
5 tonnes
|
200 tonnes
|
|
Class III
|
Uraniferous rock without visible uranium
minerals, metalliferous ores meant for extracting antimony, arsenic, bismuth,
chromium, copper, lead, nickel, tin, titanium, tungsten, zinc and compound
ores containing metals of cadmium, cobalt, mercury, molybdenum, silver,
helium and vanadium, gypsum, limestone, iron pyrites, shales, red &
yellow ochre, bauxite, metalliferous ores meant for extracting aluminium,
iron and manganese.
|
10 tonnes
|
200 tonnes
|
|
Class IV
|
Limestone, sillimanite, kyanite, magnesite,
serpentine, steatite, vermiculite, fireclay, kaolin and other refractory
materials, coal and lignite.
|
50 tonnes
|
200 tonnes
|
|
Class V
|
All other minerals not specified above.
|
10 tonnes
|
200 tonnes
|
SCHEDULE
IV
[Omitted]
SCHEDULE
V
Institutions/Banks/Corporations
(See Rule 37)
(1)
A
Scheduled Bank as defined in clause (e)
of Section 2 of the Reserve Bank of India Act, 1934 (2 of 1934).
(2)
A
Bank specified in Column 2 of the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
(3)
A
Finance Corporation owned and controlled by a State Government.
(4)
A
State Industrial Development Corporation.
(5)
Unit
Trust of India.
(6)
Industrial
Finance Corporation of India.
(7)
State
Trading Corporation of India.
(8)
Industrial
Credit and Investment Corporation of India.
(9)
Life
Insurance Corporation of India.
(10)
Industrial
Development Bank of India.
(11)
Industrial
Reconstruction Corporation of India Ltd., Kolkata.
(12)
State
Industrial Corporation of Maharashtra.
(13)
General
Insurance Corporation of India and its four subsidiaries, viz. (1) Oriental
Insurance Co., New Delhi, (2) New India Assurance Co., Mumbai, (3) National
Insurance Co., Kolkata and (4) United Insurance Co., Chennai.
(14)
The
Export and Import Bank of India.
(15)
The
National Bank of Agriculture and Rural Development.
[SCHEDULE VI
[See Rule 21-C(2) and 22-B(3)]
(Standards
and procedures for accreditation)
(1)
Scheme
for Accreditation of Accredited Prospecting Agency (APA)
(2)
Scheme
for Accreditation of Mining Plan Preparing Agency (MPPA)
INDEX
1.0
SCHEME FOR ACCREDITATION
1.1.
Eligibility for Accreditation
1.2.
Scope of the Scheme
1.2.1.
Scheme for Accreditation of Accredited Prospecting Agency (APA)
1.2.1.1.
Qualification and experience of experts
1.2.2.
Scheme for Accreditation of Accredited Mining Plan Preparing Agency (MPPA)
1.2.2.1.
Qualification and experience of experts
1.3.
Coverage of the scheme
1.4.
Updation of the scheme
2.0
REQUIREMENTS OF ACCREDITATION
2.1.
Human Resources
2.1.1.
Project Coordinator (PC)
2.1.2.
Technical Area Expert (TAE)
2.1.3.
Team members (TM)
2.1.4.
General conditions for experts
2.2.
Field Investigation and Laboratory Arrangement
2.2.1.
Laboratory Arrangement for Analysis and Records of Data
2.2.2.
Analytical Parameters
2.3.
Suitable Infrastructure, P & M, Software, Office and Equipments
2.4.
Quality Management System (QMS)
2.5.
Quality of Prospecting (Gr), Mining Plan and Pre-feasibility/ feasibility
Reports
2.6.
Organisational Commitment
3.0
ACCREDITATION CYCLE
4.0
ACCREDITATION PROCESS
4.1.
Application assessment process
4.2.
Decision-making process
4.3.
Time-frame for application and accreditation processes
4.4.
Accreditation process outcome
4.5.
Category of accredited consultants
5.0
GRANT OF ACCREDITATION
5.1.
Maintaining Accreditation
5.2.
Changes after accreditation
5.3.
Suspension/Cancellation/Debarment of Accreditation
5.4.
Actions for Misconduct/Fraudulent Activities
5.5.
Confidentiality
6.0
GRIEVANCE REDRESSAL MECHANISM
6.1.
Review of decisions
6.2.
Appeal
7.0
CODE OF CONDUCT
7.2.
Undertaking by consultant organisation
1.0
SCHEME FOR ACCREDITATION
NABET, a constituent Board
of the QCI, developed Accreditation Scheme for Prospecting and Mining Plan
Preparation Agencies/ Organisations (hereinafter called ‘the Scheme’) with
inputs from various stakeholders including experts in the field, regulatory
agencies and consultants.
This document describes the
scheme's requirements of human resources, consultancy quality assurance systems
and procedures to be followed, the assessment process and the accreditation
criteria. Various aspects of the scheme are.
(a) Eligibility (who can get
accredited) and coverage of the scheme
(b) Human resource —
qualification and experience requirement
(c) Scope of accreditation.
(d) Consultant organisation
quality assurance system (CQAS)
(e) Assessment and accreditation
process.
(f) Closure/suspension/delisting/on
hold, etc. of applications
For the implementation of
the Scheme, NABET is guided by a group of eminent professionals in the field of
Prospecting and Mining and allied subjects and structured secretariat.
One complete cycle of
Accreditation covering 3-year period comprising Initial Accreditation,
Surveillance Assessment and Re-accreditation process. All the three processes
involve assessment in 3 stages:
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Stage I
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Checking completeness of the
application by NABET secretariat
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Stage II
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Technical review of documents
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Stage III
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Office assessment
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1.1
Eligibility for accreditation
Only organisations meeting
the eligibility criteria of this Scheme are considered for accreditation. These
consultant organisations can include government bodies, public sectors
undertakings and private organisations which could be proprietorship firms,
partnership firms or companies (Pvt. & Public Limited), bodies registered
under Society Acts, under Section 25 of Companies Act, Research Institutes and
the like. All requirements of the Scheme as mentioned in this document are to
be complied with for an organisation to get accredited. A sole proprietorship
owned by an individual or in personal name can also apply if it fulfils all
other requirements of the Scheme.
1.2
Scope of the Scheme
The Scheme covers the
scopes for Prospecting and Mining Plan Preparation Agency who will prepare
Geological Report (GR) and Mining Plan entrusted by project proponent. Hence
the scheme is divided into two sections describing guidelines for accreditation
of scope viz.
(1)
Scheme
for Accreditation of Accredited Prospecting Agency (APA)
(2)
Scheme
for Accreditation of Mining Plan Preparing Agency (MPPA)
1.2.1
Scheme for Accreditation of Accredited Prospecting Agency
Any Prospecting Agency
(Applicant Consultant Organisation) must have expertise in all the relevant
fields or can have MoU with agencies having particular expertise if they are
short of any specific area for preparation of comprehensive geological report.
The Accredited Prospecting Agency (APA) organisation can provide consultancy
for prospecting services required for Geological Report (GR) preparation. APA
should cover following aspects.
(a) Drilling (Coring &
Non-coring)
(b) Topographical Survey
(c) Geo-physical survey
(borehole & surface)
(d) In-seam Seismic survey,
HRSS, Seismic Refraction
(e) Interpretation of
Stratigraphy & structure
(f) Coal Quality assessment
(g) Geo-technical studies
(h) Geo-chemical testing
(i) Hydro geological studies
(j) Geological Modelling
(k) Coal/Mineral Resource
Evaluation
(l) facility for preserving
drilling cores, with self/drilling partner
1.2.1.1
Qualification, Experience and Functions of Experts
Experts involved in the
Geological Reports preparation comprise Project Coordinator (Prospecting) and
Technical Area Experts (TAE) They may be helped by team members. The
qualification and experience requirements of the experts and roles envisaged
for them are detailed below.
A
1. Project coordinator (Prospecting):
A
1.1. Minimum educational qualifications
(a) Master's (postgraduate)
degree/M Tech in either subject-Geology/Applied
Geology/Geophysics/Hydrogeology/Remote Sensing & GIS/from a UGC/AICTE
recognised University/Institution or equivalent.
(b) Desirable — Relevant
trainings/courses of 6 months duration and above.
A
1.2. Experience of Project Coordinator.
(a) Minimum 15 years overall
work experience after the completion of abovementioned qualifying degrees.
(b) Officers retired/served for
minimum 15 years in Centra1/State Government/Research Institutes/Universities/Colleges
as Geologist will be considered to fulfill the minimum experience.
(c) Proficient in MS office,
CAD, ArcGIS, Modelling Software, Data Processing Tools, Geological Modelling
Tools.
A
1.3. Specific Experience in Prospecting:
(a) Project Coordinator (PC)
must have Specific experience related to planning and managing the advanced
Prospecting projects.
(b) Designing and implementing
QAQC protocols
(c) Geological modelling and
Geostatistical analysis,
(d) Resource Estimation and
Resource classification in accordance with UNFC, NI 43-101, JORC and SAMREC
reporting codes.
(e) Prepared at least 3
Geological Report.
(f) Monitoring of 3 Geological
Report (auditing, performance evaluation, etc.),
(g) A total of three in
combination of (e) and (f)
A
1.4. Expected functions of Project coordinators (Prospecting):
The Project coordinator
should be thoroughly aware of Prospecting methodology, requirements and be
familiar with the guidelines of report preparation, MMDR Act, Prospecting rules
and all relevant regulations and its amendments. S/he must have a clear concept
and thorough knowledge of prospecting and Prospecting requirements. S/he should
share this information with other team members.
The expected functions of
Project Coordinator are as follows:
(a) Complete understanding
about the project specification, develop broad scoping of the project taking
into consideration site specific requirements.
(b) Meeting with project
Director/Owner, framing the methodology for Prospecting program.
(c) In depth understanding in
respect of topography, hydrology streams, Geology, Hydrogeology, land use, etc.
(d) Visiting the site for
appropriate duration for the selection of sampling locations and deciding the
type of samples in consultation with the TAEs.
(e) Collating and reviewing the
reports of the TAEs which must include analysis and interpretation of data.
(f) Developing the draft
Geological Report and circulating the same amongst team members for final
feedback and ensuring completeness of the report.
(g) Discussing the draft Geological
Report with the project directors/owners for their comments.
(h) The following areas of
expertise have been identified which are required for carrying out these
studies.
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i.
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Geology
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GEO
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ii.
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Geophysics
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GP
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iii.
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Remote Sensing & GIS
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RS
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iv.
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Surveying
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SUR
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v.
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Hydrogeology
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HG
|
A
2.0 Technical Area Expert (Prospecting):
A
2.1 Minimum educational qualifications
(a) Master's (postgraduate)
degree/M Tech— (Geology, Applied Geology, Geophysics, Hydrogeology, and Remote
Sensing & GIS) from a UGC/AICTE recognised University/Institution.
OR
(b) Bachelor's degree/diploma
or equivalent in technical subjects such as Mechanical (Drilling), Geotechnical
and Earth Resource Engineering and equivalent from a UGC/AICTE recognised
University/Institution.
(c) Desirable — Relevant trainings/courses
of 6 months duration and above.
A
2.2 Minimum Experience for Technical Area Expert (TAE)
(a) An expert should have a
minimum 5 years overall experience in the concerned technical area(s) knowledge
in preparing Prospecting/Geological report(s).
(b) Officers retired/served for
minimum 5 years in Centra1/State Mining Departments/Organisation/Research
Institutes/Universities/Colleges as Geologist, Geophysicist, Remote Sensing
& GIS expert and Hydrogeologist will be considered if work in the respective
areas.
(c) Proficient in MS office,
CAD, ArcGIS, Modelling Software, Data Processing Tools, Geological Modelling
Tools.
A
2.3 Specific Educational Qualification and Experience for each TAE
A
2.3.1 Technical Area Expert— Geology (GEO):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree/M Tech in either subject-Geology/Applied Geology from a UGC/AICTE
recognised University/Institution or equivalent.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Hands-on experience in
geological Prospecting, mapping, and data interpretation.
(ii) Knowledge of geological
principles, basin modelling and mineral reserves.
(iii) Preparation of ore body
model using SW like Minex, Datamine, Geosoft, Minesoft, Surpac, AutoCAD, etc.
(iv) Familiarity with
Prospecting geology concepts and survey processes.
(v) Ability to interpret
2-D/3-D seismic data and create geologic maps and models.
(vi) Ability to identify natural
resources and determine their economic value.
(vii) High level of analytical
skills to interpret Prospecting data pertaining to mineral prospects.
(viii) Experience in Coa1/Metal
mining model preparation is preferred.
(c) Role and Responsibilities.
(a) Performs scouting of
Prospecting activities in the region, preparation of Prospecting activity plans
and budget.
(b) Execution of drilling
operations at prospective locations, Collection, evaluation and reporting on
field samples and prepare activity logs.
(c) Created and presented
accurate geology-based maps, cross-sections, and geological models.
(d) Directed, supervised and
managed all work performed by field crews and drillers.
(e) Entered and maintained
sample information and Prospecting data in relevant database.
(f) Interpreted and complied
with all applicable governmental regulations and laws.
(g) Evaluation of geological
& mineable resources of proposals received from national &
international prospects.
(h) Research on the feasibility
of developing these mineral prospects by analysing, reviewing, and forecasting data
for operational and business planning and preparation of the feasibility study
report.
(i) Study of available GSI,
MECL and other Prospecting reports, compilation and correlation for assessing
the likely potentiality of the mineral prospect.
A
2.3.2 Technical Area Expert— Geophysics (GP):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree/M Tech in either subject-Geophysics/Applied Geophysics from a UGC/AICTE
recognised University/Institution or equivalent.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Planning and execution of
Geophysical Surveys including special studies using suitable geophysical
technique and equipment.
(ii) Geophysical methods
comprise of measurement of signals from natural or induced phenomena of
physical properties of sub-surface formation.
(iii) Various physical properties
that are made use of in different geophysical techniques are electrical
conductivity, magnetic susceptibility, density, elasticity & radioactivity,
etc.
(c) Role and Responsibilities.
(i) Prospectively evaluation
and prepare concepts/plays/leads/prospects inventory.
(ii) 2-D & 3-D seismic
interpretation incorporated with all well data, well seismic calibration.
(iii) Evaluate post-drill well
findings based on interpretation and integration of data.
(iv) Observe the reaction of
recording equipment to detect irregularities.
(v) Use computers for data
management, quality control and communication between the office and field locations.
(vi) Carry out Vertical
electrical sounding, Magnetic/EM profiling and Borehole logging.
(vii) Interpretation of the date,
synthesis of results and preparation of reports.
(viii) Maintenance and updating of
Geophysical records.
(ix) Proper transportation and maintenance
of equipment's.
(x) Must be acquainted with
State and national policies.
A
2.3.3 Technical Area Expert — Remote Sensing & GIS (RS):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree in Science/Technology or equivalent in Geology/Applied
Geology/Geo-informatics from a UGC/AICTE recognised University/Institution or
equivalent”.
Or
(ii) BE/B Tech in GIS/Remote
Sensing/Spatial Sciences/Geomatics/Geoinformatics and any other relevant
fields.
(iii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Sound knowledge of GPS, GIS
and Remote Sensing software's like ArcGIS 10, QGIS, Erdas imaging, Digital
photogrammetry.
(ii) Experience on ArcGIS
extensions like Spatial Analyst, Data Management tool, Overlay Analysis.
(iii) Experience in GIS database
management.
(c) Role and Responsibilities.
(i) GIS layer analysis, feature
extraction using satellite data.
(ii) Coordinates and assigns GIS
personnel to projects.
(iii) Provides team lead
oversight on projects including quality assurance, data analysis, map
production and report production.
(iv) Selects from multiple
procedures and methods to accomplish tasks.
(v) Excavation measurement to
slope stability.
A
2.3.4 Technical Area Expert— Surveying (SUR):
(a) Educational qualifications
specific to functional area.
(i) Full time Degree/Diploma in
Surveying from a Government recognised institute and possessing valid Mines
Surveyor's certificate of Competency from DGMS and having one-year post
qualification experience in relevant field.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Having post qualification
experience in Topographical Survey, Borehole survey and relevant experience.
(ii) Familiarity with
Prospecting geology concepts and survey processes.
(iii) Verify the accuracy of
survey data including measurements and calculations conducted at survey sites.
(iv) Calculate heights, depths,
relative positions, and other characteristics of terrain.
(v) Experience in Coa1/Metal
mining.
(c) Role and Responsibilities.
(i) Search legal records,
survey records, and land titles to obtain information about boundaries in areas
to be surveyed.
(ii) Prepare and maintain
sketches, maps, reports, and legal descriptions of surveys to describe,
certify, and assume liability for work performed.
(iii) Prepare or supervise
preparation of all data, charts, plots, maps, records, and documents related to
surveys.
(iv) Determine longitudes and
latitudes of important features and boundaries in survey areas using
theodolites, transits, levels, and satellite-based global positioning systems
(GPS).
(v) Coordinate findings with
the work of engineering and architectural personnel, clients, and others
concerned with projects.
(vi) Plan and conduct ground
surveys designed to establish baselines, elevations, and other geodetic
measurements.
(vii) Conducting Topographic
survey, leveling, etc.
(viii) Locate and mark sites
selected for geophysical prospecting activities such as efforts to locate
petroleum or other mineral products.
A
2.3.5 Technical Area Expert— Hydrogeology (HG):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree in Hydrogeology/Hydrology/Water Resources Management from a UGC/AICTE
recognised University/Institution or equivalent.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Analysis of surface
hydrogeological data pertaining to ground water, flow fluctuation, estimation
of flows; setting up and interpretation of gauging station readings, designing
of ground water table measurement and monitoring network, computation of ground
water recharge, flow rate and direction.
(ii) Plotting of ground water
contours.
(iii) Analysis and description of
aquifer characteristics e.g. Permeability, transmissivity, storage coefficient,
etc., estimation of groundwater potential and recharge phenomenon,
determination of impact of withdrawal of groundwater.
(iv) Geology and Geo
morphological analysis/description/Stratigraphy/Lithology.
(v) Developing Geo-hydrological
maps.
(vi) Must be acquainted with
State and national policies.
(vii) Understanding of policies,
guidelines and the legislation related to ground water.
(c) Role and Responsibilities.
(i) Collecting basic mine
production data, such as annual output, drainage quantity, water inflow.
(ii) The water inflow (including
static-storage and recharge rate) of mine was predicted and calculated by
horizontal catchment channel method, big well method and replenishment quantity
method, respectively.
(iii) Hydrogeological condition
changes of open-pit coal mine in grass area during production process.
A
3.0 Team Member (TM) A provision of ‘Team Member’ has been included in the
Scheme to provide opportunity to
(a) experienced professionals
in their own fields but lacking experience to enter the profession.
(b) Existing experts to expand
the field of association.
(c) Persons who have obtained
eligibility qualification but do not meet the experience requirements of TAE or
EC.
(d) This provision is available
only for in-house experts.
A
3.1 Expected functions of team member
The team member (TM) is
expected to be involved both in field work as well as in the discussions
amongst the PC and the TAEs. Since s/he is expected to be knowledgeable in area
of expertise, emphasis should be given to acquaint her/him on aspects,
developing the management plans and finally in report writing for her/his part
of association in the study.
A
3.2 Requirements of Experts/Number of experts Required:
(1) Project Coordinators must
be in-house (full time employee).
(2) Experts involved in
preparing Geological reports must be in-house (full time employee).
(3) Any organisation to be
accredited must have one approved in-house PROJECT COORDINATOR (GL), one
in-house TAE (GL).
(4) The other TAE may be
in-house or empanelled. The organisation must cover remaining TAs as per the
project requirement.
1.2.2
Scheme for Accreditation of Mining PLAN Preparing Agency (MPPA)
The Mining Plan Preparing
Agency (MPPA) shall prepare Mining Plan in accordance with the standard and
procedures approved by Central Government. An applicant/consultant organisation
must have expertise in all the relevant fields or can have MoU with agencies
having particular expertise if they are short of any specific area for
preparation of comprehensive Mining Plan. The Accredited Mining Plan Preparing
Agency (AMPPA) can provide consultancy for services required for Mining Plan
and Pre-feasibility/Feasibility report preparation. AMPPA should cover
following aspects.
(a) Mining Plan for underground
and open cast mines.
(b) Pre-Feasibility/Feasibility
studies of open cast and underground mines.
(c) Detailed design of
underground and open cast mines.
(d) Operational plans for open
cast mines.
(e) Techno-economic appraisal
of mining projects.
(f) Technical audit of working
mines.
(g) Introduction and adaptation
of new technology for underground and open cast mines.
(h) Preparation of manuals and
special reports.
1.2.2.1
QUALIFICATION, EXPERIENCE & FUNCTION OF EXPERTS (Mining)
Experts involved in the
Mining Plan preparation comprise Project Coordinator (Mining) and Technical
Area Experts (TAE) They may be helped by team members. The qualification and
experience requirements of the experts and roles envisaged for them are
detailed below.
B
1. Project coordinator (Mining Plan)
B
1.1 Minimum educational qualifications
(a) A BE/B Tech/M Tech Degree
in Mining Engineering/Opencast Mining/Mining Machinery or equivalent granted by
a university established or incorporated by or under a Central Act, A
Provincial Act or a State Act including any institutions recognised by the University
Grants Commission under Section 4 of the University Grants Commission Act, 1956
(3 of 1956) or any equivalent qualification granted by any university or
institute outside India and recognised by Government of India.
(b) Desirable — Relevant
trainings/courses of 6 months duration and above.
B
1.2 Experience of Project Coordinator
(a) Professional experience 15
years overall work experience after the completion of abovementioned qualifying
degrees. Modification to a mining plan shall be carried out by a person
qualified to prepare a mining plan.
(b) Officers retired/served for
minimum 15 years in Centra1/State Government/Research
Institutes/Universities/Colleges will be considered to fulfil the minimum
experience.
(c) Proficient in MS office,
CAD, ArcGIS, Modelling Software, Data Processing Tools, Geological Modelling
Tools.
B
1.3 Mining Plan Preparation Specific experience:
Project Coordinator (PC)
must have Mining Plan Preparation Specific experience as follows:
(a) Prepared at least 3 Mining
Plans.
(b) Monitoring of 3 Mining Plan
(Pre-feasibility/Feasibility report, auditing, performance evaluation, etc.).
(c) A total of three in
combination of (a) and (b).
B
1.4 Expected functions of Project coordinators (Mining Plan):
The Project Coordinator
(Mining plan) shall prepare Mining Plan in accordance with guidelines issued by
Central Government as per the approved standards and procedures and shall be
responsible for correctness of the data furnished. Mining engineers design the
future mine layouts capable of achieving production and mine development
objectives, taking into account the geological characteristics and structure of
the mineral resource. They prepare production and development schedules and
monitor progress against these. The Project coordinator should be thoroughly
aware of Mining Plan requirements and be familiar with the guidelines of report
preparation, MMDR Act, rules and all relevant regulations and its Amendments.
S/he must have a clear concept and thorough knowledge of Mining Plan
requirements. S/he should share this information with other team members.
Understanding of preparing
mining plan including the following activities.
(i) Detailed topography, mine
geology, mineral deposit & existence, details of Prospecting, indicating
geological and recoverable reserve, sections calculations, slice plan/level
plan method, its layout phases, mechanisation, operations, mine life,
overburden, reservoir, mineral estimation, etc. and other.
(ii) Blasting parameters, types
of explosive, powder factor, storage of explosive.
(iii) Mine drainage, stacking of
mineral rejections, use of mineral & its processing and waste disposal.
(iv) Environmental management
plan describing the impact of mining and beneficiation on environment on the
following over the next five years giving brief information about water regime,
biodiversity, quality of air, noise level, climatic conditions, socioeconomic,
regional aspects and others along with time bound action.
(v) Year wise proposal of
reclamation of land.
(vi) Monitoring schedules for
different environmental components after the commencement of mining and other
related activities.
(vii) Mine closure plan and
Rehabilitation & Resettlement plan.
(viii) Leadership quality in
planning, selecting and guiding the team.
(ix) Activities related to
Safety Planning and accident analysis.
(x) The Mining expert is the
key person for preparing Mining reports and plans.
B
2.0 Technical area experts for Mining Plan and Design.
B
2.1 Technical Area Experts (TAEs)
Mining Plan and Design is
also multi-disciplinary activity where the central figure is the Mining Expert
(ME) who should have broad knowledge and practical experience of preparing
Mining Plan. S/he should have
(a) Clarity in the concept of
the mining, knowledge of the applicable standards, Acts, Rules and regulations.
(b) Domain knowledge and
understanding of the organisation, industry.
The following areas of
expertise have been identified which are required for carrying out these
studies
(i) Mining Engineering ME.
(ii) Mining Geology MGEO.
(iii) Remote Sensing & GIS
RS.
(iv) Civil, Electrical &
Mechanical CEM.
(v) Marketing & Finance M
& F.
(vi) Socio Economics SE.
(vii) Environment, Health &
Safety EHS.
(viii) Geotechnical (optional) GT.
B
2.2 Minimum Educational Qualification for TAEs
(a) A BE/B Tech/M Tech Degree
in Mining Engineering/Opencast Mining/Mining Machinery or equivalent granted by
a university established or incorporated by or under a Central Act, A
Provincial Act or a State Act including any institutions recognised by the University
Grants Commission under Section 4 of the University Grants Commission Act, 1956
(3 of 1956) or any equivalent qualification granted by any university or
institute outside India and recognised by Government of India.
(b) Professional experience of
three (3) years of working in a supervisory capacity in the field of mining
after obtaining the degree.
(c) Desirable — Relevant
trainings/courses of 6 months duration and above.
B
2.3 Minimum Experience for TAEs
(a) An expert should have a
minimum 5 years overall experience in the concerned technical area(s) knowledge
in preparing Mining Plan.
(b) Officers retired/served for
minimum 5 years in Centra1/State Mining Departments/Organisation/Research
Institutes/Universities/Colleges will be considered if work in the respective
areas.
(c) Proficient in MS office,
CAD, ArcGIS, Modelling Software, Data Processing Tools, Geological Modelling
Tools.
B
2.4 Specific Educational Qualification and Experience For Each TAE
B
2.4.1 Technical Area Expert — Mining Engineer (ME):
(a) Educational qualifications
specific to functional area.
(i) A BE/B Tech/BSc
Engg./AMIE/M Tech Degree in Mining Engineering/Opencast Mining/Mining Machinery
or equivalent granted by a university established or incorporated by or under a
Central Act, A Provincial Act or a State Act including any institutions
recognised by the University Grants Commission under Section 4 of the
University Grants Commission Act, 1956 (3 of 1956) or any equivalent
qualification granted by any university or institute outside India and recognised
by Government of India.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Mining
Plan/Pre-Feasibility/Feasibility Project Report preparation.
(ii) Design of Mining Methods
for OC/UG Coa1/Meta1/Non-Metal Mines.
(iii) Knowledge in broad range
current and new UG/OC mining operations.
(iv) Emerging mining
technologies and concepts.
(v) Techno-Economic Feasibility
for Coal, Metal and Non-Metal Minerals.
(vi) Selection of Mining
Equipment's and Machineries.
(vii) Practical experience in
risk management in Mine Design.
(viii) Design and scheduling best
practice tools and methodologies.
(ix) Knowledge of Geology, GIS,
Drill & Blast, mining principals and other related mining support services.
(c) Role and Responsibilities.
(i) Prepare surface and
underground plans and blueprints of a mining plans, use of survey data and risk
assessment of mine.
(ii) Prepare Mining
Plan/Pre-Feasibility/Feasibility Project that describe results and processes of
mining.
(iii) Reconciliation of
Prospecting data from economical mine plan, production plans reports.
(iv) Use of mine planning
software— Use specialised software to plan, design and model for mining
operations.
(v) Planning equipment for
mineral treatment; communicate and collaborate with engineering experts.
(vi) Generate weekly, monthly,
quarterly or annual production plan.
B
2.4.2 Technical Area Expert — Mining Geologist (MGEO):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree/M Tech in either subject-Geology/Applied Geology from a UGC/AICTE
recognised University/Institution or equivalent.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Preparation of ore body
modelling using Geological Prospecting data, its interpretation, mapping using
SW like Minex, Datamine, Geosoft, Minesoft, Surpac, AutoCAD, etc.
(ii) Ability to interpret
2-D/3-D seismic data and create geologic maps and models.
(iii) Knowledge and experience of
the technologies currently implemented for mining plan, GIS, Drilling, mining
principals.
(c) Role and Responsibilities.
(i) Performs scouting of
Prospecting activities in the region, preparation of Prospecting activity plans
and budget.
(ii) Execution of drilling operations
at prospective locations, collection, evaluation and reporting on field samples
and prepare activity logs.
(iii) Create accurate
geology-based maps, lithologs, cross-sections and geological models.
(iv) Directed, supervised and
managed all work performed by field crews and drillers.
(v) ntered and maintained
sample information and Prospecting data in relevant database.
(vi) Interpreted and complied
with all applicable governmental regulations and laws.
(vii) Evaluation of geological
& mineable resources from national & international prospects.
(viii) Research on the feasibility
of developing these mineral prospects by analysing, reviewing, and forecasting
data for operational and business planning and preparation of the feasibility
study report.
(ix) Study of available GSI,
MECL and other Prospecting reports, compilation and correlation for assessing
the likely potentiality of the mineral prospect.
B
2.4.3 Technical Area Expert — Remote Sensing & GIS (RS):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree in Science/Technology or equivalent in either subject-Geology/Applied
Geology/Geo-informatics from a UGC/AICTE recognised University/Institution or
equivalent.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Sound knowledge of GIS and
Remote Sensing software's like ArcGIS, QGIS, Erdas, etc.
(ii) Experience on ArcGIS
extensions like Spatial Analyst, Data Management tool, Overlay Analysis.
(iii) Experience in GIS database management.
(c) Role and Responsibilities.
(i) Remote Sensing, GIS, GPS,
(ii) Digital photogrammetry,
(iii) Excavation measurement to
slope stability.
B
2.4.4 Technical Area Expert— Surveying (SUR):
(a) Educational qualifications
specific to functional area.
(i) Full time Degree/Diploma in
Mining & Mines' Surveying from a Government recognised institute and
possessing valid Mines Surveyor's certificate of Competency from DGMS and
having one-year post qualification experience in relevant field.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Having post qualification
experience in Topographical Survey, Borehole survey and relevant experience.
(ii) Familiarity with
Prospecting geology concepts and survey processes.
(iii) Verify the accuracy of
survey data including measurements and calculations conducted at survey sites.
(iv) Calculate heights, depths,
relative positions, and other characteristics of terrain.
(v) Experience in Coa1/Metal
mining.
(c) Role and Responsibilities.
(i) Search legal records,
survey records, and land titles to obtain information about boundaries in areas
to be surveyed.
(ii) Prepare and maintain
sketches, maps, reports, and legal descriptions of surveys to describe,
certify, and assume liability for work performed.
(iii) Prepare or supervise
preparation of all data, charts, plots, maps, records, and documents related to
surveys.
(iv) Determine longitudes and
latitudes of important features and boundaries in survey areas using
theodolites, transits, levels, and satellite-based global positioning systems
(GPS).
(v) Coordinate findings with
the work of engineering and architectural personnel, clients, and others
concerned with projects.
(vi) Plan and conduct ground
surveys designed to establish baselines, elevations, and other geodetic
measurements.
(vii) Conducting Topographic
survey, levelling, etc.
(viii) Locate and mark sites
selected for geophysical prospecting activities such as efforts to locate
petroleum or other mineral products.
B
2.4.5 Technical Area Expert — Civil, Electrical & Mechanical (CEM):
(a) Educational qualifications
specific to functional area.
(i) BE/B Tech/B.Sc.
Engg./AMIE/M Tech in Mechanica1/Electrica1/Civil Engineering from recognised
University or Institute approved by AICTE.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Design of various
structures for both open-pit and underground mines.
(ii) Plan and design hydraulic
systems and transportation structures and systems.
(iii) Manage the construction,
operation and maintenance of the work.
(iv) Test soils and various
other material to determine the requirement needed for the building of
foundations and structures.
(v) Assist in the design and
drawing of complex electrical systems.
(vi) Work extensively with
electrical equipment such as circuits and transformers.
(vii) Experience in planning and
optimising of Plant and Machinery for mining plan.
(c) Role and Responsibilities.
(i) Design and Layout of Civil
Infrastructure Design (Township, Water Works Distribution, Domestic Effluent
Plant).
(ii) Coal Preparation and coal
Handling Units (CHP) Design.
(iii) Heavy Earth Moving
Machinery Equipments (HEMM) Workshop Design.
(iv) Mine Shafts Units, Mine
Ventilation by Simulation Modelling.
(v) Washery Design and Implementation
of Modern Washability Methods.
(vi) In-Pit Crushing and
Conveying System (IPCCC) and ROPECON Technology Application.
(vii) High Angle Belt Conveying
System in both O/C & U/G Mines.
(viii) Energy Efficiency Study
(Electrical & Diesel Equipments) of Mines and International Bench Marking
of the Mining Activities.
(ix) Consultancy on “Energy
Sensitive Organisational Structure”.
(x) All mine specific software
development and IT enabled services.
(xi) GPS enabled monitoring
mechanism.
B
2.4.6 Technical Area Expert — Marketing & Finance (M&F):
(a) Educational qualifications
specific to functional area.
(i) CA/ICWA or B Tech with MBA.
(ii) Desirable — Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Experience in establishing
commercial viability of the project, Budgeting and financing.
(ii) Identifies the existence of
markets or long-term, contracts for the product; and decides whether or not the
mine should be developed.
(iii) Stripping costs where
removal of overburden occurs for production, calculation of stripping
adjustments.
(iv) Determination of impairment
charges.
(c) Role and Responsibilities.
(i) Detailed Project Costing
& Financial Structuring.
(ii) Risk Analysis Study.
(iii) Macro and Micro Analysis of
Project Viability.
(iv) Equipment's Depreciation
and amortisation.
(v) Profitability Index Study.
B
2.4.7 Technical Area Expert — Socioeconomics (SE):
(a) Educational qualifications
specific to functional area.
(i) Master's (postgraduate)
degree in Social Welfare/Sociology/Political Science/Psychology/Geography/Anthropology/Economics/Environmental
Economics/Urban Planning/Regional Planning/Environmental Planning,
Developmental Sciences.
or
Rural Development and
Management — rural economics/Economic Sociology/Demographic Studies.
or
(ii) MBA (Rural Management).
or
(iii) Any other social science
related subject.
or
(iv) 2 years Postgraduate
Diploma in Sociology from recognised Institution like Tata Institute of Social
Sciences, Xavier Institute of Social Sciences, Ranchi/Xavier Institute of
Management, Bhubaneswar/XLRI, Jamshedpur and other reputed institutes.
(v) Desirable Relevant
trainings/courses of 6 months duration and above.
(b) Experience specific to
functional area must include.
(i) Conducting baseline
socioeconomic surveys through interviews/questionnaire/focused group
discussions/participatory rural appraisal (PRA)/rapid rural appraisal (RRA).
(ii) Methodologies on
extrapolation of census data to project an up-to-date status including selected
ground validation of the same.
(iii) Conduct social needs
assessment studies.
(iv) Evaluation of socioeconomic
status of both tribal and non-tribal areas.
(v) Demonstrated capacity to
interact and develop rapport at community level will be an added advantage.
(vi) Conduct Rehabilitation and
Resettlement (R & R) studies for people displaced due to developmental
projects and development for R & R plan.
(vii) Assessment of social
changes arising out of development projects.
The following are the
additional expectation from the expert:
Understanding of policies,
guidelines and the legislation related to R & R issues.
Social Impact Assessment of
development projects in Rura1/Urban areas.
B
2.4.8 Technical Area Expert — Environment, Health & Safety (EHS):
(a) Educational qualifications
specific to functional area.
(i) B Tech/BE/M Tech in
Environmental Engineering, Civil, Geotechnical engineering or Engineering
Geology or equivalent.
(ii) Desirable — Diploma in
(Industrial Safety) from premier institutions (like CLI, RLIs, NITIE, NITs, PG
Diploma recognised by State Board of Technical Education).
(b) Experience specific to
functional area must include
(i) Outstanding knowledge of
EHS management systems and related software.
(ii) Familiarity with OHSAS
standards and regulations.
(iii) Planning of Long-term
Sustainability initiatives (Natural capital, Human capital).
(iv) Specifications for Specific
Dust emission, water consumption, energy consumption, Solid waste utilisation
and Green belt development.
(v) Facilitate Engineering
& Project department by implementing various environment improvement projects.
(vi) Should have experience as
Safety Officer preferably in Mining Industry.
(c) Role and Responsibilities.
(i) Prepares and assist in
compliance's, general risk assessments and other safety assessments to support
Health, Safety and Environmental management.
(ii) Responsible for Industrial
Hygiene, Occupational Health, Waste Management and business process
enhancements.
(iii) Maintain EHS configurations
and Maintain operational procedures around supported environments.
(iv) Write, implement, and
manage HSE Programs, Policies and Procedures.
(v) Develop Safe Operating
Procedure (SOP's) and Job Hazard Analysis.
B
2.4.9 Technical Area Expert— Geotechnical (GT):
(a) Educational qualifications
specific to functional area
(b) B Tech/BE/M Tech in Civil,
Rock/Soil Mechanics and Geotechnical engineering or Engineering Geology or
equivalent.
(c) Desirable — Relevant
trainings/courses of 6 months duration and above.
(d) Experience specific to
functional area must include
(e) Rock strength tests like
Triaxial test, compressive strength test, Unified compressive strength, etc.
(f) Rock-quality designation
(RQD) measured as a percentage of the drill core in lengths of 10 cm or more.
(g) Investigation, analysis and
modelling of geotechnical issues.
(h) Geotechnical
characterisation of borehole core and domain modelling.
(i) Impact testing, Scratch
testing, etc.
(j) Work closely with the
Geology department to optimise safe, timely drill-hole results.
(k) Role and Responsibilities
(l) Slope design for open pits.
(m) Headings, roadways and
drifts for underground operations.
(n) Panel and longwall design.
(o) Tailing dam design.
(p) Special constructions.
(q) Geological Structure using
precision measuring and testing instruments.
B
3.0 Team Member (TM)
A provision of ‘Team
Member’ has been included in the Scheme to provide opportunity to
(a) Experienced professionals
in their own fields but lacking experience to enter the profession.
(b) Existing experts to expand
the field of association.
(c) Persons who have completed
5 years after obtaining eligibility qualification but do not meet the
experience requirements of TAE or EC.
(d) This provision is available
only for in-house experts.
B
3.1 Expected functions of team member
The team member (TM) is
expected to be involved both in field work as well as in the discussions
amongst the PC and the TAEs. Since s/he is expected to be knowledgeable in area
of expertise, emphasis should be given to acquaint her/him on aspects,
developing the management plans and finally in report writing for her/his part
of association in the study.
B
4.0 Requirements of Experts/Number of experts Required:
(1) Project Coordinators must
be in-house (full time employee).
(2) Experts involved in
preparing Mine Planning reports must be in-house (full time employee).
(3) Any organisation to be
accredited must have one approved in-house Project Coordinator (Mining), one
in-house TAE (Mining).
(4) The other TAE may be
in-house or empanelled. The organisation must cover remaining TAs as per the
project requirement.
1.3
Coverage of the Scheme
This comprehensive document
describes the scheme's requirements of human resource, Quality Management
Systems and procedures to be followed, integrity of data, the assessment
process, the accreditation criteria and other relevant requirements of the
Scheme.
1.4
Updation of the Scheme
The accreditation Scheme is
dynamic in nature. Modifications and updation will take place from time to time
with the consultation and approval of Ministry. It ought to be for continually
improving the delivery and effectiveness of the consultancy.
QCI/NABET reserves all
rights to amend its procedures and fees, etc., as it may deem fit. Applicants
are requested to refer to the updated scheme on the QCI/NABET website
(http://nabet.qci.org.in/) before applying for their accreditation/surveillance/reaccreditation/expansion
or modification of scope.
2.0
Requirements for Accreditation
The accreditation
requirements have been developed with a view to have system-based approach. The
scheme specifies the following six essential requirements for accreditation:
(i) Human resource.
(ii) Field investigation and
laboratory arrangement.
(iii) Suitable infrastructure, P
& M, Software, office and Equipment.
(iv) Quality Management System
(QMS).
(v) Quality of reports.
(vi) Organisational commitment.
(vii) Compliance to conditions of
accreditation/improvements achieved.
2.1
Human resource
Preparation of a
Prospecting report and Mining Plan and mine design is essentially
multi-disciplinary activity where inputs are required from experts having
knowledge of the prospecting, mining and industry/sector for which reports are
to be carried out.
2.1.1
Project Coordinator (PC)
The Project coordinator
should have broad knowledge about the project. The role of the PC includes, but
not be limited to, studying and understanding the project, setting-up the team,
visiting the site with the team, evolving work schedule and ensuring that data
are appropriately utilised for generating the comprehensive report, correct
interpretation and correlation of the data, and maintenance of necessary
records. The essential requisites for PC include the following.
Conceptual understanding of
project requirements, process and outcome.
Knowledge of the applicable
Acts, Rules and Regulations governing the project.
Domain knowledge.
Leadership quality in
planning, selecting and guiding the team.
Thus, for Project
Coordinator emphasis is given on experience and maturity.
For educational
qualification, minimum experience and expected functions of Project
Coordinators (PC) for different schemes please refer to below mentioned
respective appendices.
1.
Project
Coordinator Prospecting.
2.
Project
Coordinator Mining Plan.
2.1.2
Technical Area Expert (TAE)
TAEs are expected to
identify and assess in their respective areas of expertise for adequate input
for the report input and provide their expert inputs to the PC. TAEs should
have.
an in-depth knowledge in
their respective areas of specialisation.
understanding of the
legislations and rules/regulations with respect to the technical areas.
the capability of
identifying the need of the project.
For educational
qualification, minimum experience and expected functions of Project
Coordinators (PC) for different schemes please refer to below mentioned
respective appendices.
1.
Technical
Area Expert Prospecting.
2.
Technical
Area Expert Mining Plan.
2.1.3
Team members (TM)
A provision of ‘Team
Member’ has been introduced to:
Encourage induction of new
professionals experienced in their respective technical areas but lack direct
related experience.
Give opportunity to
professionals in the field to build their competencies for handling different
technical areas under the Scheme. This provision is available for in-house
employees only.
NABET must be informed
about involving professional as team member prior to actually engaging her/him
for the job.
2.1.4
General conditions for experts.
(a) Experts involved in
preparing reports, namely, PCs and TAEs, can be both, in-house (full-time
employee) or empanelled as per requirement.
(b) In-house (IH) expert is a
full-time employee working on the pay rolls of the applicant organisation
(AO)/accredited consultant organisation (ACO) on regular basis (not on ‘time to
time basis’ or on ‘as an when required’ basis) and gets appropriately paid as
per her/his qualification and experience. All payments to an in-house expert
are to be made through bank and are subject to TDS, as applicable.
(c) An expert working full-time
(as per the above definition) in an organisation and not working in any
capacity, part time or full-time, in any other organisation, may opt for a
designation as ‘Consultant’. Such a person may be considered as an ‘in-house expert’
after necessary due diligence by NABET assessors during office assessment.
(d) Empanelled expert—an AO/ACO
may also have ‘empanelled’ experts. An empanelled expert may be a ‘freelancer’
(not a full-time employee of any organisation) or may be working with an NGO or
Research organisation/Academic institute. In the latter case, a No-objection
certificate (NOC) is to be obtained from the Registrar for a University, the
Principal for a college and the head of organisation for an NGO or a Research
organisation, as the case may be. The AO/ACO must have an MoU/written agreement
with such experts. Details to be included in NOC and MoU/Agreement.
(e) A person working in an
organisation other than a NGO/Research/Academic Institute cannot opt as an
empanelled expert for an AO/ACO. A full-time Director in a Private/Public
Limited company or a ‘Partner’ in a partnership firm is considered as a
full-time employee of the organisation/firm and is not eligible to opt as an
empanelled expert under the Scheme. However, if a person is an Independent
Director in a company, s/he is eligible to be an empanelled expert with a
maximum of five AO/ACO. In such cases, relevant documentary evidence has to be
furnished of his/her being an Independent Director in the company.
(f) An expert employed with an
NGO or a Research/Academic institute may seek empanelment with a maximum 3
AO/ACO. (subject to condition 5.1.6 xi given below).
(g) All empanelled
candidates/experts are required to furnish a Declaration of Association signed
by the candidate/expert and countersigned by the authorised signatory of the
AO/ACO. There should also be a MoU or Agreement between the empanelled
candidate/expert stating the tenure and scope of association duly signed by
both parties.
(h) Empanelled experts may
contribute to the report as and when the work is assigned to them. However,
their expected functions are same as those for IH experts.
(i) PCs, TAEs and TMs must
maintain field log books of their visits to the site giving the observations,
work done, etc., for the stated activity.
(j) Submission of any false or
misleading information in any of the above aspects, shall lead to the
cancellation of approval of such experts and/or application/accreditation of
the organisation.
2.2
Field investigation and laboratory arrangement.
Collection of quality
primary data is of crucial importance for preparing Prospecting, Mining Plan
and Pre-Feasibility/Feasibility reports. A good understanding of the project
based on visit to the project site by approved PCs and TAEs is of utmost
importance for developing the scope of study and for data collection.
The field investigation
would include as per the Prospecting plan to cover following aspects:
(i) Exploration coverage.
(ii) Borehole Density as per ISP
norms.
(iii) Coring and Non-Coring
Drilling data.
(iv) Geophysical logging.
(v) RQD and Physico-Mechanical
test.
(vi) Survey Data.
(vii) Hydrogeological Data.
2.2.1
Laboratory arrangement for analysis and records of Results w.r.t.DATA
The AO/APA may have an
in-house laboratory or agreement/MoU/Work Order with one or more external
laboratories for work related to collecting data. If it engages more than one
laboratory to cover its requirements of Prospecting report being carried out in
different parts of the country, it should have a clear internal guideline of
assigning the work to a particular laboratory and maintaining the necessary
record of the same.
Laboratories engaged for
the Coal core analysis should be carried out in Government/NABL accredited
recognised laboratory. All analyses should be carried out as specified
guidelines. The scope of accreditation/recognition/certification should cover
relevant parameters.
In specific cases, in-house
laboratories of a university/research institute may also be considered, and
assessed by the Assessors to be appropriate for consideration under the Scheme.
Wherever such data
generation includes collection of samples at the site by the AO/APA followed by
analysis of the same at the laboratory, a detailed written down procedure
should be available with the AO/APA in the QMS, including methodologies for
collection, preservation and transportation of such samples to the laboratory.
The procedure should specifically address as to who are to be involved in
selecting sampling locations, parameters to be analysed for, collection,
preservation/transportation, etc. of samples.
2.3
Suitable infrastructure, P & M,
Software, office and Equipments: May be referred at the website of QCI-NABET
2.4
Quality management system (QMS)
One of the long-term
objectives of this Scheme is to encourage the consultant organisations to adopt
systemoriented approach for report preparation. Ideally, all Prospecting and
Mining Plan Preparation Agency/organisations should have their own report
preparation manual as well which they may enrich from their learnings' over the
years.
To facilitate the above,
the applicant organisation must maintain a Quality Management Systems (QMS) for
the organisations. The QMS should be based on the current version of ISO 9001
standards. Although it is not mandatory that the organisation should be ISO
9001 certified, the QMS must address the requirements of ISO 9001 and the
specific requirements of the Scheme.
Prospecting Consultants are
advised to establish and maintain a Quality Management System (QMS) for their
organisation as the same offers the following benefits;
Creates a culture of doing
things right, the very first time.
Inculcates the culture of
“saying, what we do and doing, what we say”.
Increases system orientation
and reduces person specific dependence.
Encourages uniform
knowledge sharing and develops skilled work force.
Helps develop team spirit.
Reduces duplicate work and
minimizes wastages.
Improves quality of work
and brand image.
QMS should be based on ISO
9001 while addressing specific requirements of NABET Scheme. Please note that
if an organisation is already ISO 9001 certified, guidelines B1 to B4 and B10
are normally addressed (which may please be checked) It is then required to
develop procedures for the NABET specific items i.e., B4 to B9 and integrate
them with the system meaning that these should also come under the ambit of
auditing, document control, management review, etc.
If an organisation has not
been initiated into the system-oriented approach of working which is
documented, audited and reviewed, it needs to acquaint itself of ISO 9001
requirements. Such organisations may initially take the help of a consultant
but MUST NOT OUTSOURCE THE WORK OF ESTABLISHING THE QMS to him to meet the
requirements of the NABET Scheme. Such an approach will be counterproductive as
the system so developed is less likely to be owned by the working team and
would remain a standalone document. THE BEST WAY IS TO GET THE GUIDANCE OF A
CONSULTANT BUT LET THE WORKING TEAM ESTABLISH THE SYSTEM.
A QMS is supported by a
3-tier documentation system
The Quality Management
System manual.
Procedures.
Work
instructions/forms/formats/checklists to implement the procedures.
Guidelines for developing
the QMS.
Quality
policy shall be defined to address at least following:
(a) Be appropriate to the
Organisation's purpose & context, and support its strategic direction.
(b) Includes commitment for,
continual improvement and satisfy applicable requirements.
(c) Provide a framework for
setting objectives and a review mechanism.
(d) Be communicated and
understood within the Organisation.
(e) Focus on customer
satisfaction.
Leadership
and Planning Support & Operation shall give procedures for planning,
operations & support for defined QMS including role and accountability of
Top management.
(a) Accountability for
effective design and implementation of QMS is defined.
(b) Use of process approach and
risk-based thinking is evident.
(c) System for effective
communication is defined and implemented.
(d) Risk Management process is
established, that is linked to organisations context.
(e) Interested parties for
organisation's QMS are identified and their inputs are captured to improve QMS.
(f) System for change
management is defined and implemented.
(g) Shall determine, provide
and maintain the infrastructure necessary for its operation and processes.
(h) Shall plan implement and
control the processes needed to meet the requirements as per defined QMS.
Control
of documented information shall give procedures for:
(a) Uniquely identifying
documents and records.
(b) Approving documents prior
to issue.
(c) Distribution, access,
retrieval and use.
(d) Control of changes.
(e) Reviewing and updating of
documents, as required.
(f) Retention and Disposition.
(g) Ensuring quick availability
of relevant revision of the document.
(h) Storage, protection and
retrieval of documented information and handling of outdated/superseded
documents.
Performance
Evaluation and Review shall give procedures for:
(a) Fixing Key Performance
Indicators (KPI) of experts involved and annual appraisal of the same.
(b) Assessing/ensuring the
quality of Geological reports prepared.
(c) Periodic and systematic
audit, both internal and external and follow up action for closure of
Non-conformances (NCs)/observations.
(d) Management review giving
periodicity and issues to be taken up including feedback from project proponent
on quality of Geological reports prepared and necessary follow up action.
Actions
taken to address Non-conformances— shall give procedures for:
(a) Analysing the NCs of
internal audits as well as external audits including NABET to identify the
causes and the actions to be taken,
(b) Identifying resources and
other inputs required for such actions,
(c) Fixing the time-frame and
the responsibility for the actions,
(d) Ensuring the completion of
the actions to be taken,
(e) Review the effectiveness of
corrective actions taken,
(f) Review risks, opportunities
and overall QMS if required.
Competence
management of staff, experts and other persons related to scope of QMS— shall give
procedures for:
(a) Define and provide the
necessary persons needed for effective implementation of QMS,
(b) Define the necessary
competence (Education, experience and skills) for staff, experts and other
persons whether in house or contractual, impacting the QMS of the organisation,
(c) Assessing the work done by
the prospective experts prior to their retention,
(d) Framing the “terms of
reference” for retention of the expert, including preparation of the report for
her/his portion of the work,
(e) Assessing performance of
the work done by the experts for the organisation,
(f) Wherever applicable, take
appropriate actions to acquire necessary competence and evaluate the
effectiveness of actions taken,
(g) Maintain appropriate
documented information as evidence of competence.
Collection
and measurement of primary data
‘Primary’ data will cover
all forms of data collected through the field work, for assessing the project
area. The procedures for collecting primary data should include:
(a) Site visits by the
Prospecting team to familiarise about site conditions to plan for the
Prospecting Selecting the number and location of monitoring stations and the
type of sampling and parameters to be monitored.
(b) Interpretation of data
including statistical analysis to arrive at meaningful information.
(c) Specifying as appropriate
for the scope of Prospecting methodologies to be followed and interpretation of
the same.
Collation,
synthesis and interpretation of secondary data
Authenticity, credibility,
appropriateness and relevance of the secondary data are the cornerstones of a
good Geological report. Secondary data shall be used to supplement the primary
data and under no circumstances this shall be used as a replacement of primary
data. This procedure should include information on:
(a) When secondary data would
be resorted to.
(b) Relevant secondary data to
be collected as appropriate for Prospecting study requirements.
(c) Sources of secondary data
ensuring their reliability and age.
(d) Validation of important
secondary data by cross verification at the site or from other sources.
(e) Ensuring the brevity of the
data (eliminating irrelevant information).
It is a good practice to
give reference to the source when secondary data is used.
Control
of externally provided process, products and services
Organisation shall give
procedure to apply necessary controls for the externally provided processes,
products and services.
The manual should mention
procedures for:
(a) Defining the conditions
when outsourcing would be resorted to.
(b) Assessing the capability of
the agency to take up the work to be outsourced.
(c) Drawing up the terms of
reference for the outsourced work.
(d) Identifying steps to be
taken to ensure the quality of the outsourced work.
(e) Timely review, monitor and
control on outsourced services as per defined QMS.
Laboratory
work for Prospecting data — should give procedures for:
(a) Assessing a laboratory for
its capability to analyse the parameters required for collection of surface and
sub surface Prospecting data and studies.
(b) Identifying the scope of
work to be assigned to the lab and those to be done by the Prospecting
Consultant Organisation.
(c) Collection, preservation
and transportation of samples from site to the laboratory.
(d) Quality assurance by the
team of the primary data collection work including supervision at site.
(e) Type of records to be
maintained by the laboratory and the team on the baseline data collection work.
Customer
satisfaction & Complaints—shall give procedures for
(a) Monitor customers
perceptions of the degree to which their needs and expectations are fulfilled.
(b) Informing the clients about
the provision of complaints.
(c) Accepting complaints.
(d) Handling and disposal
(including authority and responsibility) of the same within reasonable time.
(e) Maintaining records of
complaints.
(f) Ensuring implementation of
correction and corrective actions.
2.5
Quality of Prospecting (GR), Mining Plan and Pre-feasibility/Feasibility
reports
One of the important
objectives of the Scheme is to establish the quality of report prepared by
Consultant Organisations, give feedback to them on areas of improvement so that
there is consistent report quality. The assessment criteria include accuracy of
site description, quality of data, analysis and interpretation of the data.
2.6
Organisational commitment
The objective of the Scheme
is to identify credible Prospecting and Mining Plan Preparation Agencies
organisations who should prepare best quality Prospecting (GR), Mining plan and
Pre-feasibility/Feasibility report in the country. This will be possible when
there is a commitment from the accredited agencies towards comprehensive
report. This has been factored in the Scheme and for reaccreditation assessment
compliance to the accreditation condition by the accredited agency/organisation
since receiving accreditation is also taken into account (see Section 6 below)
3.0
ACCREDITATION CYCLE
Accreditation Cycle in this
Scheme is for 3 years and comprises 3 types of assessments:
Initial
accreditation (IA):
In the IA, the potential of the applicant organisation is assessed and based on
that accreditation is granted. On successful completion of the initial
assessment, an applicant organisation is given accreditation for 3 years,
subject to a surveillance assessment after 18 months.
Surveillance
assessment (SA):
This is to assess performance after IA. The basic objective is to judge to what
extent the performance along with compliance to the conditions of accreditation
has been met. SA falls due 18 months after IA.
Reaccreditation
(RA):
Following the principle of ‘consistency’, in RA the emphasis is laid on the
consistent quality achieved by the ACO during the period of accreditation.
Since, the ultimate objective of the Scheme is to improve the quality of Mining
plan/Geological Reports being prepared in our country, weightage accorded to it
gradually increases from IA to SA to RA.
On completion of three
years from initial accreditation, the organisation is re-assessed broadly as
per the process followed for Initial Assessment with emphasis on improvements
achieved.
4.0
ACCREDITATION PROCESS
The accreditation procedure
for IA, SA and RA includes three processes:
A.
Application
assessment process.
B.
Office
assessment process.
C.
Decision-making
process.
4.1
Application assessment process
There are separate
application forms for IA, SA, RA, expansion of scope and supplementary
assessment for replacing approved experts who may have left the organisation.
These can be downloaded from the NABET website www.http://nabet.qci.org.in/.
Applicants are advised to
go through the accreditation scheme carefully prior to preparing/submitting
their application. They must complete the self-assessment to know if the
applications are ready for submission and whether they are ready for NABET
assessment. This would greatly reduce processing time benefiting both, the
Applicant organisation (AO)/Accredited Consultant Organisation (ACO) and NABET.
Applications are to be submitted in soft format only. In case, NABET requires
hard copy of a document, the same is intimated to the AO/ACO.
Application for SA must be
submitted three months prior to the when SA is due i.e. on completion of 16
months after date of office assessment for IA. Similarly, RA application should
be submitted three months prior to expiry of accreditation period i.e., on
completion of 34 months after date of office assessment for IA.
NABET application process
is on-line and procedure to be adopted for applying on-line will be posted on
the QCI/NABET website.
Assessment of the
applications is carried out in 3 stages—
Stage I— Checking completeness of the
application by NABET secretariat
Applications submitted by
an AO/ACO must be complete in all respects and is inclusive of all supporting
documents mentioned in the checklist of Application Form (for IA, SA, RA) of
this Scheme.
NABET secretariat checks if
the
(a) Application is complete in
all respects,
(b) Information submitted is in
relevant formats and,
(c) Application is accompanied
by the requisite fee.
In case an application is
grossly incomplete in respect of candidates/experts, laboratory arrangement,
etc., NABET secretariat informs the AO/ACO of the inadequacies. Such
applications are processed further once the inadequacies are addressed. For
other applications, the NABET secretariat forwards the application to the
principal assessor (see below) with its observations for technical scrutiny.
The AO/ACO is advised to carefully study the requirements before filling in the
application.
Stage II— Technical review of documents
Assessors with vast
experience in the relevant fields conduct technical review of documents of the
applications submitted to NABET. For each application two assessors are
assigned. The Principal Assessor (PA) carries out the Stage II assessment
supported by the NABET staff. The PA is joined by a Co-Assessor (CA) for the
office assessment (see below) In case the number of experts involved is large,
NABET may assign more CAs to expedite the process. After Stage II assessment
the PA may raise Non-Conformances (NCs) and/or Observations (Obs.) pointing out
the areas where the application does not meet the requirements of the Scheme.
After the NCs and Obs. are successfully closed by the AO/ACO, further
processing of the application i.e. the office assessment is taken up.
Stage III— Office assessment
It involves assessment of
an application in the following six aspects:
(a) Quality and performance of
personnel.
(b) Infrastructure, P & M,
adequate Software (SW) and Hardware (HW).
(c) Field investigations and
laboratory systems to ensure data integrity.
(d) Quality Management System.
(e) Quality of Prospecting
Work, Mining Plan and Pre-feasibility/Feasibility report data.
(f) Organisational
evaluation/commitment.
(g) Compliance to condition of
accreditation/improvements achieved (for SA and RA).
The assessment process is
primarily evidence based and objective in nature. After obtaining
accreditation, an ACO is expected to strictly abide by the conditions of
accreditation. Efforts towards capacity building and commitment to quality work
are given due weightage.
Normally, 10 days prior
notice is given to the AO/ACO for office assessment. However, NABET reserves
the right to visit the office/site un-announced, if it is deemed necessary.
4.2
Decision-making process
On completion of office
assessment process, a joint report is prepared by the PA and CA (or CAs) and
sent to the NABET secretariat for further processing. The PA is responsible for
the final report. NABET secretariat after checking the completeness of the
report, obtains clarifications/additional information, if required, from the
AO/ACO/Assessors. The case is then put before the accreditation committee by
the NABET secretariat for its consideration, review and decision on
accreditation. The final outcome is thereafter uploaded on QCI/NABET website
http://nabet.qci.org.in/accreditation becomes effective from the last date of
the office assessment.
4.3
Time-frame for application and accreditation processes
Completion of application,
assessment and accreditation processes depends on the following:
(a) Receipt of complete information
at NABET for Stage I and II assessments along with necessary documents and
closure action of NCs/Obs., as applicable, for IA, SA and RA applications.
(b) Timely submissions of such
information by AO/ACO within the time-frame stipulated by NABET vide Section 10
for SA and RA. For initial accreditation AOs are requested to submit the
required details as early as possible.
(c) Timely raising of queries
by NABET within 15 days for Stage I and 1 month for Stage II.
Subject to the above, all
efforts are made by NABET to complete the process of granting accreditation
within 3 months of submission of complete information by AO/ACO.
4.4
Accreditation process outcome
The salient outcomes from
accreditation process are as follows:
(a) Accredited — in case the applicant
clears the assessment and accreditation processes successfully, the result is
posted on the QCI/NABET website and the AO/ACO is also informed separately.
(b) Not
approved —
if the AO/ACO fails to obtain 40% marks in the office assessment or does not
fulfil any other requirements of the Scheme, the application is not approved
and accreditation is not granted.
(c) Cancellation— in case an ACO does not
fulfil conditions of accreditation or does not submit complete application for
SA or RA in time, a reminder is given to do the same in the next 15 days. If
complete application is not submitted even after 15 days, a final notice is
served for responding giving another 15 days' time.
In the event of
non-compliance after the final notice as well, the accreditation granted to the
ACO is cancelled and its' name is removed from the list of accredited
consultants. In case it wishes to get considered again under the Scheme, it is
required to submit a fresh application with requisite fee. Fresh assessment is
then carried out as per IA norms.
(d) Incomplete
applications —
If an AO submits an incomplete application in which requisite details are not
provided or it does not meet the requirements of the Scheme in respect of
eligible candidates for Project
Coordinator (PC) and Technical Area Expert (TAE), QMS, Laboratory details,
etc., the same is put in the ‘incomplete applications’ list. NABET intimates
the AO of the deficiencies in the application. If it is an application for IA,
the same is processed further once all requirements are fulfilled.
4.5
Category of accredited consultants.
Prospecting and Mining Plan
Preparation Agency/organisations are granted accreditation in categories ‘A’ or
‘B’. Experts are also approved in categories A or B under this Scheme.
If an approved category-A
expert scores less than 50% marks in SA, s/he is issued an alert and her/his
approval status may be changed to Category-B. A category-B expert is upgraded
to category-A if.
(a) S/he meets the experience
requirements stated in the Scheme/has addressed the shortfalls of earlier
assessment in the reapplication.
(b) Scores 60% or more in
SA/RA/Supplementary Assessment and.
(c) Recommended for
up-gradation by the assessors on fulfilment of point a, b above and final
decision of Accreditation Committee.
5.0
GRANT OF ACCREDITATION
Results of the
accreditation committee meeting are uploaded on the QCI/NABET website within a
month of the AC meeting in which the relevant case is discussed. A formal
letter from NABET is sent within one month from the date of approval by the
accreditation committee mentioning the approved sectors with category, experts
approved with category, detailed conditions of accreditation and NCs &
Obs., if any. NABET's certificate of accreditation is issued on successful
closure of all NCs and Obs.
5.1
Maintaining Accreditation
Accreditation of
Prospecting and Mining Plan Preparation Agency is subject to compliance to the
requirements of the QCI — NABET Scheme. These include, but are not limited to:
(a) Implementation of
systems/procedures documented in the QMS manual of the ACO including the
corrective and preventive actions for the NCs and Obs. of IA, SA, RA, as
applicable.
(b) ACOs are encouraged to
prepare their own ‘Report preparation manual’ detailing the procedures followed
right from the time of placing quotes for the work to completion of the
project.
(c) Timely replacement of
experts— in case any approved PC or TAE leaves the ACO, s/he needs to be
replaced with in a specific time.
(d) Intimation of changes — in
case of any change in the organisation related to systems, procedures,
laboratory and other facilities, the same is to be intimated to NABET in the
within one month.
(e) Payment of fees, as
applicable, to NABET as per the terms of accreditation.
(f) At the beginning of the
reports prepared by the ACO a declaration is to be given by the ACO mentioning
the names of the PC and TAEs involved. This form must be duly signed by them
and countersigned by the CEO of the organisation.
(g) Familiarity with the site
conditions is a fundamental requirement, concerned PC and relevant TAEs are
expected to visit the site for appropriate duration prior to commencing the
work as well as during the period of primary data collection and for ground
validation of secondary data.
(h) All PCs and TAEs and team
members involved in the project should maintain a field logbook with noting
done at the site. NABET's assessors may verify these during the office
assessment. It is worthwhile to maintain other documentations on the expert's
site visits viz., expert's report, and authorisation of tours, travel
documents, etc.
(i) The ACO is to strictly
avoid practices/actions mentioned in Section 5.3 to ensure that accreditation
granted to it is not cancelled.
(j) The ACO is to maintain the
following records (in soft or hard format)
(i) A register of attendance of
employees involved in project.
(ii) Names of the experts (both
in-house and empanelled) involved in projects handled by the consultant
organisation.
(iii) Details of involvement of
empanelled experts, in terms of time devoted to various projects.
(iv) Updated declaration of
empanelled experts indicating the number of organisations they are associated
with.
(v) All documents related to
laboratory work and implementation of QMS.
5.2
Changes after accreditation
Since accreditation of a
consultant organisation is based on the experts approved, an ACO must inform
NABET if an approved expert leaves the organisation and propose a replacement
in accordance of the Scheme's requirements within one month. NABET would
arrange assessment of such candidate/s either during the next assessment due or
earlier. Failing to propose a replacement on time is a non-conformance, viewed
seriously and may also result in cancellation of accreditation.
A new candidate may be
proposed as a PC or a TAE for assessment at any time. However, for a person
already assessed and not approved may be proposed only after a gap of 3 months
enabling her/him to address the shortfall.
5.3
Suspension/cancellation/debarment of accreditation
NABET may suspend or cancel
an accreditation or even debar an organisation on account of any or more
grounds during accreditation process or after, but not limited, to the
following:
(a) Non-compliance or violation
of the NABET's requirements and conditions of accreditation and deviation from
facts as stated in application and enclosures.
(b) In case an approved expert
leaves the organisation, the ACO is required to inform NABET of the same within
one month and get a replacement approved within the next two months.
(c) Submission of false or
misleading information in the application or in subsequent submissions.
(d) Improper use of NABET's
accreditation mark, letter of accreditation from NABET or the QCI/NABET logo.
(e) Carrying out changes in
Project coordinators/experts without NABET's approval.
(f) Failure to report any major
legal (mandatory compliance) changes and evident conflict of interest.
(g) Using fraudulent practices
by the ACO in respect of its submission/interaction with NABET which include,
but not limited to, deliberate concealment and/or submission of false or
misleading information, suppression of information, falsification of records or
data, unauthorised use of accreditation.
(h) Violation of the Code of
Conduct for the consultant organisations.
(i) Any other condition deemed
appropriate by NABET.
The decision for the suspension/cancellation/debarment
is taken by the NABET accreditation committee.
A clarification may be
sought and put up to the accreditation committee for final decision on the
matter.
5.4
Actions for misconduct/fraudulent activities
Submission of false or
misleading information or use of fraudulent practices, an AO/ACO may be
disqualified for up to one year, to be decided by the accreditation committee
depending on the seriousness of the action. Such AO/ACO will be able to reapply
only after expiry of the disqualification period. The application is to be
accompanied with an undertaking from the CEO of the organisation that, if such
practices are repeated, it will render the organisation ineligible to
participate in the NABET accreditation scheme any further. The same approach is
applicable for individual experts (PCs and TAEs) as well.
5.5
Confidentiality
All information, documents
and reports submitted by an AO/ACO to NABET are utilised by the NABET,
assessors, members of accreditation and technical committees for the purpose of
assessment and accreditation. These may also be shared with MoC, Government of
India and other members of the International Personnel Certification
Association. However, the identity of the accredited consultant organisations
would be masked for sensitive information related to business whenever it is
called for/appropriate. In case an AO/ACO wants the information to be kept
confidential, a communication must be sent to NABET citing reasons for the
same. NABET reserves the right to take appropriate decision in this regard.
NABET also reserves the right of taking appropriate action against an ACO for
deliberate breach of confidentiality.
The ACO is required to have
adequate arrangements consistent with applicable laws to safeguard
confidentiality of all information provided by its clients. These arrangements
are extended to include organisations or individuals acting on its behalf and
as its representatives.
6.0
GRIEVANCE REDRESSAL MECHANISM
There are two methodologies
available under the Scheme for addressing the grievances of AOs and ACOs.
(a) Review of Decisions.
(b) Appeal.
6.1
Review of decisions
In case an AO/ACO wishes
for review/reconsideration of any decision taken by NABET, they may send a
request for same to NABET.
The following procedure is
applicable:
(a) Request received from
AO/ACO by NABET is recorded in the same serial as date of receipt.
(b) Request must mention
specific complaints (not generic in nature) and supported by documentary
evidence.
(c) Anonymous/pseudonymous
requests are not be entertained.
(d) Only substantial
errors/mistakes on procedural matters are taken up for consideration.
Re-assessment of any aspect of assessment or request for deviation from the
Scheme cannot be considered.
(e) Such ‘Reviews’ are taken up
for consideration in a meeting of the relevant Accreditation Committee as early
as possible.
(f) Agenda of such meetings is
intimated to the AO/ACO.
(g) AOs/ACOs making the request
may present their case in person to the AC, if they so desire.
(h) Decision of the AC is
intimated to the concerned organisations as well as posted on QCI website.
6.2
Appeal
An AO/ACO may apply for
Appeal in case it is not satisfied with the ‘Review’ decision.
An ‘Appeal’ must include
the specific issues on which the appellant is filing the appeal accompanied by
supporting documents, fees for appeal. The following information is to be
provided while submitting the appeal—
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Specific issue/s submitted in Review
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Supporting documents submitted in Review
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Decision of Review Committee
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Additiona1/new issues submitted in Appeal now
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New supporting documents added now
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The Following procedure is
applicable:
(i) Formation of 3-member
Appeals Committee by NABET, chaired by a member of NABET Board and comprising one
more member from NABET Board and one subject specialist.
(ii) The Appeals Committee
proposed is approved by the Chairman, NABET Board.
(iii) The documents received from
the appellant are submitted to the members of the Appeals committee by NABET
Secretariat.
(iv) Process of hearing by the
committee— the committee fixes a date for the hearing which is intimated to the
appellant by NABET secretariat. A reasonable notice period is given for the
appellant to appear in the hearing. The committee gives due opportunity to the
appellant and the NABET secretariat to present their cases. The committee gives
its decision after hearing both the sides and based on deliberation within it.
(v) The decision of the Appeals
committee is intimated to the appellant by NABET Secretariat.
7.0
CODE OF CONDUCT
All ACOs are obliged to
improve the standing of the consultancy profession by rigorously observing the
Code of Conduct. Failure to do so may result in the suspension or cancellation
of accreditation.
7.1
Use of QCI and NABET logo
(a) The QCI and NABET
accreditation logo is the property of NABET and its use is controlled.
Compliance to the guidelines and conditions is required for using NABET
Accreditation Mark.
(i) Whenever a Prospecting and
Mining Plan Preparing Agency is accredited, NABET shall inform the relevant
entity about the conditions of the use of accreditation mark.
(ii) Accreditation mark can be
used by NABET accredited consultant organisations only.
(b) Guidelines and conditions
of use of accreditation mark.
(i) Accreditation mark as
appears on NABET Accreditation certificates can be printed as coloured image or
black and transparent.
(ii) Accreditation mark shall
not be used to suggest any approval or sponsorship of NABET other than the
organisation accredited.
(iii) Accreditation mark shall
not be used in any way that misleads the reader about the accreditation status
of the consultant organisation.
(iv) Accreditation mark is not
transferable and is to be used only by the accredited consultant organisation
as described in its application.
(v) Accredited consultant organisation
upon suspension or withdrawal or expiry of its accreditation (however
determined), shall discontinue the use of NABET accreditation mark on all media
of communications by the organisation including promotional material, letter
head, newsletters, brochures, annual reports, business cards, websites and
advertisements, etc.
(vi) NABET reserves the right to
change the conditions as and when considered necessary and the same shall be
communicated to consultant organisation.
(vii) Use of accreditation mark
is applicable for consultant organisations only and not for individual
expert/s.
(c) Verification
(a) NABET may, at its
discretion, carry out verification of proper use of the accreditation Mark.
(b) If any misuse of the
accreditation is noticed, NABET initiates actions as per procedure for
suspension and/or cancellation of its accreditation.
7.2
Undertaking by consultant organisation
The consultant organisation
undertakes to:
(a) Act professionally,
accurately and in an unbiased manner.
(b) Be truthful, accurate and
fair to the assigned work, without any fear or favour.
(c) Judiciously use the
information provided by or acquired from the client in carrying out the project
and to maintain the confidentiality of information received or acquired in
connection with the assignment.
(d) Use the expertise of only
approved experts of relevant category in the preparation of Mining
Plan/Geological Reports.
(e) Avoid and/or declare any
conflict of interest that may affect the work to be carried out.
(f) Not accept any favour from
the clients, or their representatives.
(g) Not act in a manner
detrimental to the reputation of any of the stakeholders including NABET and
the client.
(h) Co-operate fully in any
formal enquiry procedure of NABET.
(i) Prior to accreditation, the
AO signs the “Code of Conduct for Prospecting and Mining Plan Preparing Agency”
and sends it to the NABET secretariat.]