In
exercise of the powers conferred by Section 23C of the Mines and Minerals
(Development and Regulation) Act, 1957 (No. 67 of 1957), the State Government
hereby makes the following rules, namely: CHAPTERS-1 PRELIMINARY (1) This may be called the Chhattisgarh Minerals (Mining, Transportation and
Storage) Rules, 2009; (2) It extends to the whole of Chhattisgarh; (3) It shall come into force with effect from the date of its publication in
the "Official Gazette" (1) In these rules, unless the context otherwise requires, (a) "Act" means the Mines and Minerals (Development and
Regulation) Act, 1957 (Central Act No. 67 of 1957); (b) "Authorized Officers" means officer to whom State Government
has empowered under these rules to act upon; (c) "Check Post" means a check post established on the road by
Mineral Resources Department for the verification of the quantity of minerals
being transported and the transit documents in any vehicle; (d) "Collector" and "Additional Collector" of senior
Indian Administrative Services scale have the same meaning respectively
assigned to them in the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959); (e) "Director" means Director of Geology and Mining, Chhattisgarh
appointed by the State Government; (f) "Government" means the Mineral Resources Department of State
Government of Chhattisgarh; (g) "Form" means the form appended to these Rule; (h) "In-charge of Check Post" means the officer in-charge of any
check post appointed by the Collector of the concerned district; (i) "Lease" means mining lease and quarry lease granted for the
purpose of exploitation of minerals; (j) "Mineral" shall have the same meaning, as assigned in the
Mines and Mineral (Development and Regulation) Act, 1957; (k) "Mineral Concession" means Reconnaissance Permit, Prospecting
Licence and Mining Lease under the Act and Rules; (l) "Mining Officer" means Deputy Director (Mineral
Administration)/Mining Officer/Assistant Mining Officer posted in the district
as Officer In-charge of mining section; (m) "Owner of Mines" covers Lessee or any manager or any person
authorised by the Lessee in writing to work on his behalf; (n) "Rules" means rules framed under section 23(C) of the Mines
and Minerals (Regulation and Development) Act, 1957 (Central Act No. 67 of
1957); (o) "Scientific Test" means any chemical analysis of minerals
conducted in the laboratory of Directorate of Geology and Mining or any other
laboratories of Government of India; (p) "Section" means a section of the Act; (q) "State" means the State of Chhattisgarh; (r) "Storage" means Temporary Storage of mineral at any place
during transportation to the final destination after removing it from the
mining lease area (lease area); (s) "Storage Permit" means the permit issued under these rules by
the Collector to any person/company for the temporary
storage/beneficiation/crushing of any mineral in the territorial Jurisdiction
of the concerned district; (t) "Transit Pass" means a pass issued by the authorized officers
of Mineral Resources Department, Government of Chhattisgarh for lawful
transportation of minerals; (u) "Vehicle" means any mode by which mineral/minerals or its
products are transported from the place of raising or from one place to
another, excluding railway wagons, aerial ropeway, conveyor belt; (v) "Weigh Bridge" means weighment machine established to measure
the quantity of the minerals being transported; (w) All other words and expressions used herein but not defined in the Act,
shall have the same meaning as respectively assigned to them under the Act. (2) Prohibition. (1) No person shall transport carry or cause to be transported any
mineral/ore or/and its beneficiated products by any vehicle or otherwise from
the place of raising/storage/beneficiation or from one place to another place
without having a valid Transit Pass issued under these rules; Provided that no such Transit
Pass shall be required in case of any mineral/minerals or its beneficiated
products being transported directly from the lease area by means of rail or
aerial ropeway or conveyor belt which is accompanied by an bill, invoice issued
by the lessee mentioning the date and time, quantity of mineral, destination
and name of the party to whom it is being supplied/dispatched or any other
lawful documents, which prove the legality of the mineral transported; (2) No person shall transport any mineral/(s) outside the lease area or
process any mineral/(s) other than final destination or storage for any other
purposes beneficiate/establish a crushing plant without holding a valid
"storage permit" granted under these rules. CHAPTER-II ARRANGEMENT
OF TRANSIT PASS FOR THE TRANSPORTATION
OF MINERALS (1)
All the minerals or it's
ore excavated in any lease area sanctioned under the Mines and Minerals
(Development and Regulation) Act, 1957 and rules framed under shall only be
transported (except transported directly by rail, ropeway or by conveyor belt)
along with the valid transit passes issued under these rules in Form-1. The
minerals or its ore shall also be transported to the railway siding or
beneficiation plant installed or established out side the mining lease area
with the valid transit pass, but the as special case Director, after
distinguished reasons may exemption the restriction, so imposed. The
mineral transported directly by rail, rope way or conveyor bell should
accompanied by a bill, invoice issued by the lessee mentioning the date and
time, quantity and grade of mineral, destination, name of party to whom it is
being supplied, dispatch, or any other lawful documents which prove the
legality of mineral so transported. (2)
(i) For transportation
of any mineral or it's beneficiated products from the lease area, the holder of
mining lease shall make an application in Form-2 to the District Collector,
along with the original treasury challan of the cost of the Transit Pass Book
and the royalty due of the mineral to be transported as per the maximum requirement
for the next three months, the transit passes will be obtained. (ii)
The cost of transit pass book and the royalty due of the mineral transported
shall be deposited in the same manner, as prescribed in rule; (iii)
Every lease holder or permit holder shall issue duplicate copy of the Transit
Pass generated by using carbon copy to the driver of the vehicle carrying
mineral from lease site/temporary storage site and keep original copy in
transit book safely; (iv)
The Transit Passes for mineral concession shall be printed and issued as per
the procedure decided by the Director Geology and Mining time, to time. (3)
The following officers
are authorised to check and inspect and to take action under the Act and rules
of the vehicle carrying the mineral and its beneficiated products: SCHEDULE S.No. Officers Jurisdiction (1) (2) (3) (i) Director, Geology and
Mining. Whole State of
Chhattisgarh (ii) Additional
Director/Joint Director (Mineral Administration), Directorate of Geology and
Mining. Whole State of Chhattisgarh (iii) Collector/Additional
Collector/Sub Divisional Officer (Revenue). Within their
respective/jurisdiction. (iv) Flying Squad of
Directorate of Geology and Mining. Whole State of
Chhattisgarh (v) Deputy Director
(Mineral Administration) /Mining Officer/In-charge Assistant Mining Officer Within the district. (vi) Assistant Mining
Officer/Mining Inspector. Within their
jurisdiction of work. (vii) In-charge of Check
Post. On the concerned check
post. (viii) Any officer of the
Directorate of Geology and Mining. Authorised by the
Director in writing specially for a particular area. (4)
(i) The owner or the
Driver of the vehicle carrying the mineral is responsible for the strick
compliance of these instructions and present the mineral transit pass and other
relevant document to the authorised officer on demand for inspection and
co-operate him in inspection. (ii)
The driver of the vehicle carrying the mineral shall present the relevant
documents related to mineral transportation to the authorised officer on demand
during the transportation and co-operate him in inspection. Whenever any vehicle
transporting the mineral without the lawful transit pass it is treated as an
offence under section 21 of Mines and Minerals (Development and
Regulation) Act, 1957 and the driver of the vehicle and the owner of the
vehicle as well, will be liable for punishment under the penalty clauses of the
said Act and rules. CHAPTER-III ESTABLISHMENT OF CHECK POSTS AND ARRANGEMENTS FOR THE INSPECTION OF MINERAL IN TRANSIT (1) The Director may setup check post(s) with or without weighbridge at any
place within the State to check the validity of transit passes and the legality
of the grade, quantity of minerals and its beneficiated products to prevent
transportation and storage of mineral/ores and its beneficiated products
without lawful permit. (2) As per the instruction issued by Director time to time the inspections
register and other document, kept and maintain at check the posts. (3) The driver of the vehicle carrying the mineral shall stop the vehicle at
check post and show all-relevant document and paper available with him for
inspection and co-operate in inspection. (4) The quantity of minerals mentioned in transit pass shall be checked at
the weighbridge established at check post or any, other authorized weighbridge. (5) The lease holder or permit holder or mineral transporter shall pay the
amount so fixed for the weighment at the departmental or the private
weighbridge. The payment receipt will be issued for the weighment at the
government weighbridge. (6) At the check post where these is no weighbridge near by, the quantity of
mineral being transported shall be measured in cubic meter & then converted
in to tonnes according to the prescribe formula. (7) The in-charge of check post, after checking the transit passes quantity
and grade of mineral, shall enter the details in the register according the
Form-3 and put the prescribed seal as shown below and sign the transit pass. FORM Name of check
post............................... District............................. Date of
checking...................................
Time................................. Sr.No. of the entry in inspection
register............................................. Page
No............................................................................................... Signature of inspecting person (8) If the in-charge of check post or any other authorised officer has
reasons to believe that the mineral so transported, is not covered by the
transit pass available with the vehicle or the mineral is transported without a
valid transit pass, or the mineral is being transported other than the
destination mentioned in transit pass, the authorised officer after such
verification as he/she feels necessary shall seize the vehicle caring the
mineral, tools, equipment or any other things used in transportation of mineral
and also the mineral so transported. The seized mineral, vehicle, tools,
equipment or other things shall be disposed off as per the provisions of Act
and Rules. CHAPTER-IV ISSUE OF PERMIT AND ITS RENEWAL FOR THE TEMPORARY STORAGE/BENEFICIATION/CRUSHING OF MINERAL (1) If any mineral mentioned in part A and part C of first schedule of the
Mines and Minerals (Development and Regulation) Act, 1957 (Central Act No. 67
of 1957) or schedule-I & schedule-II of Chhattisgarh Minor Mineral Rule,
1996 be temporally stored, beneficiated, crushed out side the lease area, the
permission for such storage/beneficiation plant/crushing plant be specified in
Form-7 by the concern of the District Collector. (2) The application permit and its renewal for temporary
storage/beneficiation/crushing shall be made to the Collector of the concern
district in Form-4 with the copy of duly paid challan of required fees (non
refundable) in the prescribed Account head. (3) The application fees along with the application form shall be submitted
as per detail below: (i) For storage capacity up to 250 tonne at a time the storage fee Rs.
20,000/-; (ii) In additional to above for each 100 tonne or its part Rs. 2.000/-. (4) Following documents shall be accompanied with the application: (i) Certified copy of the details and the map of the area proposed to be
used as temporary storage/beneficiation plant/crushing plant along with the
consent letter of the owner of the land; (ii) No objection certificate from the National Highway Authority, if the
proposed/temporary storage/beneficiation plant/crushing plant is near by the
National Highway; (iii) No objection certificate under (The Air of Pollution). (Prevention and
Control) Act, 1981 (Central Act No. 14 of 1987), if necessary; (iv) If the applicant is a lease holder mining dues clearance certificate
from the in-charge mining officer of the district concern; (v) The permission needed under any other Acts, shall be acquired as per the
rules and accordingly presented. Mining Officer of the
concerned district shall be the competent authority to receive the application.
The receiving date and time shall be marked on the application. Mining officer of the district
concern shall maintain a register in Form-5 and make necessary entries therein,
and receipt of the application shall be given in Form-6. (1) The competent authority after making such inquires as he/she may deem
fit, grant or renewable the storage permit and shall issue such permit in
Form-7 or refuse to grant or renewable the permit. Provided that the competent
authority shall not refuse to grant or renew the permit for the whole or part
of the area applied without giving an opportunity of hearing to the applicant
and without recording the, reason for refusal in writing and communicating the
reasons for refusal to the applicant: Provided that, if the application
submitted: by the applicant is without accompanying proper document receipt
challan of the fee, shall be rejected directly and it does not require inform
the applicant. (2) If a temporary permit holder wishes to continue the storage for further,
period, he shall submit an application 90 days prior to before the expiry along
with the fee deposited in such a manner as shown in sub-rule (3) of rule 6 of
these rule in Form-4 and submit all the relevant document which were submitted
at the time of original application as per sub-rule (4) of rule 6 of these
rule. If the application for such renewal is not disposed off within the
prescribed time period, the period of such permit shall be deemed to have been
extended by a further period for which the permit was originally granted till
the competent authority passes an order thereon. (3) The competent authority may at his/her own discretion may refuse to
grant or renew the permit to such person who is convicted of any offence under
the Act or Rules made there under. Due observance of the terms
and conditions of the permit the applicant shall deposit Rs. 50,000/- for
storage permit up to 250 tons at a time and for extra storage Rs. 1,00,000/- as
security deposit within 7 (seven) days from the date of intimation of grant or
renewal of permit by the competent authority in the same manner as prescribed
in sub-rule (2) of rule 7. No interest shall be liable for security deposit. The maximum period for grant
of a permit shall not exceed three years. Where the permit dies, the
permit holder shall be transferred to the equal heir/(s) of the holder after
the submission of the application along with a fee of Rs. 1,000/-deposited by
challan in prescribed Account head. Every permit granted under
these rules shall, in addition to any other conditions that may be specified
therein be subjected to the following conditions, namely: (i) The permit holder, from the date of sanction, for every calendar year
shall deposit the annual fee of Rs. 10,000/- in the same manner as prescribed
in sub-rule(2) of Rule 7. (ii) The permit holder shall keep accurate and faithful accounts of storage
in Form-8 and at processing unit in Form-9 (a) (1), (2), (3), Form-9 (b) (1),
(2) or Form-9 (c) as the case may be showing the details of quantity and other
particulars of the mineral/ore and/or its products received and dispatch from
the temporary storage/processing unit and the same shall be present to the
competent officer on demand during inspection. (iii) The permit holder shall issue royalty paid transit pass in Form-10 for
every vehicle (carrier) transporting any mineral/ore or its products from the
temporary storage / processing site. (iv) Authorized officer shall issue Royalty Paid transit pass only for that
quantity which the permit holder has stored/processed at the site after the
verification of the quantity of mineral record/transit passes available at
storage/processing site. (v) The permit holder shall not store/process any mineral other than the
mineral for which permit has been issued, at the temporary storage/processing
site. (vi) Permit holder shall not store more than the permissible quantity,
mentioned in the permit. (vii) The permit holder shall allow any authorised officer to: (a) enter and inspect the temporary storage site including mineral
processing unit, if any, its building, office or any relevant premises; (b) allow for stock inspection, weighing or measurement of the stocks of
mineral/minerals and/or its products lying at the temporary storage site; (c) allow to examine any documents, books, registers or relevant record in
the possession of the permit holder or his agent and to take extracts from or
make copies of such documents, books, registers or record: (d) allow to collect samples of any mineral ore and/or its products. (viii) The permit holder shall display the description of the permit so granted
at the main place of temporary storage/process site. (ix) (a) the fencing of temporary storage site shall be done either through
wire or brick wall. (b) permit holder shall make
necessary arrangement for first aid and safety according to the rule. (c) In the case of storage of
coal, permit holder shall keep necessary equipment at the storage/processing
site for protection and make necessary arrangement for prevention of fire. In case of breach of any
conditions specified in Rule (13) or / and Form-7 by the permit holder, the
authorised officer shall issue a notice in writing to the permit holder
specifying the breach of condition and asking him/her to show cause why he/she
should not be penalized and/or why the permit shall not be cancelled for the
breach committed, directing him/her to remedy the breach within fifteen days
from the date of issue of said notice and if the permit holder fails to submit
proper cause and/or if the breach is not remedied within such period, the
authorised officer, without prejudice to any other action may take following
action: (i) cancel the permit; (ii) impose fine up to two times of the fees of the permit and/or; (iii) forfeit the whole or part of the security deposit. Provided that no such shall be
taken without giving an opportunity of being heard to the permit holder. (1) Permit shall not be issued on any government land. (2) Permit shall not be issued within the limit of 300 meters from habitate
area/school/hospital. (3) Permit shall not be issued within the 100 meters limit of the National,
State Highway and the river banks. (4) Permit shall not be issued for mineral storage within the restricted
area of the transmission line. (5) Permit shall not be issued for the coal storage within the limit of 25
km of the lease of the coal mines. If any time the permit granted
under these rules is last or destroyed, the permit holder shall forthwith
report the fact in writing to the competent authority narrating the
circumstances in which the permit was lost or destroyed and shall request in
writing for a duplicate copy of the permit. The competent authority after
making such inquiries, as he/she may deem fit issue, a duplicate permit
provided the permit holder pay a sum of Rupees One thousand only in the same
manner, as prescribe in sub rule (2) of rule 7. CHAPTER-V MISCELLANEOUS The State Government may by an
order, exempt any person or class of persons from the purview of any of the
provision(s) of these rules for the purpose of scientific test and research
work. (1) No suit, prosecution or other legal proceeding shall lie against any
officer of the government for anything which is in good faith done or intended
to be done in pursuance of these rules. (2) No suit, prosecution or other legal proceeding shall lie against the
government for any damage caused or likely to be caused by anything which is in
good faith done or intended to be done in pursuance or these rules or any order
made there under. The Mineral Transit Pass
Regulation, 1966 shall stand repealed on coming in to force of these rules. Provided that any order made
or action taken under these Regulations so repealed, shall be deemed to have
been made or taken under the corresponding provisions of these rules.THE CHHATTISGARH MINERALS (MINING, TRANSPORTATION
AND STORAGE) RULES, 2009
PREAMBLE