UTTAR PRADESH MINERALS (PREVENTION OF ILLEGAL MINING, TRANSPORTATION AND STORAGE) RULES, 2002

PREAMBLE

In exercise of the powers under Section 23-C of the Mines and Minerals (Development and Regulation) Act, 1957 (Act No. 67 of 1957), the Governor is pleased to make the following rules with a view to prevent illegal mining transportation and storage of minerals, namely:

CHAPTER I

Rule - 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002.

(2)     They shall come into force with effect from the date of their publication in the Gazette.

Rule - 2. Definition.

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

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

(b)      "Authorised Officer" means an Officer, authorised by the State Government by notification in the Official Gazette to perform functions under these rules and for such area, as may be specified in the notification and shall be deemed to be public servant within the meaning of Section 21 of Indian Penal Code, 1860 (Act No. 45 of 1860).

(c)      "Carrier" means any mode or conveyance or facility by which mineral is transported from one place to another and includes mechanized device, person, animal or cart.

(d)      "Research Work" means any work done for beneficiation and upgradation of the mineral and for examining its suitability for utilisation in the Industry for the purpose of scientific study without any commercial motive.

(e)      "Rules 1960" means Minerals Concession Rules, 1960 made under Section 13 of the Act.

(f)       "Rules 1963" means the Uttar Pradesh Minor Minerals (Concession) Rules, 1963 made under sub-section (1) of Section 15 of the Act.

(g)      "Scientific Tests" means any test conducted for chemical or mineralogical analysis of the mineral and assessment of its chemical and mineralogical constituents and properties for the purpose of scientific study without any commercial motive.

(h)     "District Officer" means the Collector or Deputy Commissioner of the district in which the land is situate.

(i)       'Transit pass" means the pass issued by the holder of the mining lease or mining permit or prospecting licence or licence for storage of minerals for lawful transportation of any mineral raised in accordance with the provisions of the Act or Rules made there under.

(2)     Words and expressions not defined but defined in the Act shall have the meaning assigned to them in the Act.

Rule - 3. Prohibition Section 23-C (1).

No person shall transport, carry or cause to be transported, carried any mineral by any means from its raising place to any other place without a valid transit pass issued by the holder of mining lease or mining permit or prospecting licence as the case may be.

Rule - 4. Supply of transit passes and fee therefore.

(1)     The holder of mining lease or mining permit or prospecting licence or licence for storage of minerals, as the case may be, shall make an application to the district officer or the officer authorised by the State Government in this behalf along with fee and in the manner, as determined by the State Government from time to time for obtaining book of transit pass for transportation of any mineral.

(2)     The book of transit pass will be supplied by the District Officer of the respective district or any other officer authorised by the State Government in this behalf by notification under these rules or the Act or any other rules made there under.

Rule - 5. Issue of Transit Pass.

(1)     The transit pass shall be issued by the holder of mining lease or mining permit or prospecting licence for major minerals in 'Form G' appended to these rules and for minor minerals in 'Form MM-11' appended to Rules 1963.

(2)     The holder of licence for storage of minerals shall issue the transit pass in 'Form C for lawful transportation of minerals from the store.

CHAPTER IITRANSPORTATION OF MINERALS

Rule 6. Establishment of check posts for inspection of minerals.

(1)     If the State Government considers it necessary to establish check post, with a view to check the illegal transportation of the minerals raised, it may notify the setting up of a check post at any place or places within the State.

(2)     The establishment of check post at any place shall be notified in the Gazette.

(3)     The officer in charge of the check post or any officer authorised by the State Government having sufficient reasons to believe that the carrying mineral's) is not in accordance with the transit pass, then such officer shall take action in accordance with sub-rule (4).

(4)     (a) The officer in charge of the check post or officer authorised by the State Government shall have the power to seize the mineral along with the carrier.

(b) The officer in charge of the check post or any officer authorised by the State Government shall give a receipt of such mineral and carrier seized by him to the person from whose possession or control, it is seized.

(c) The officer in charge of the check post or officer authorised by the State Government may direct the person in charge of the carrier to carry the mineral to the nearest check post set-up under sub-rules (1) and (2) or nearest police station.

Rule 7. Transportation of minerals.

(1)     All dispatch of minerals by a holder of mining lease, mining permit or prospecting licence by a carrier shall be accompanied with a transit pass, in duplicate. The person in charge of the carrier shall produce the transit pass at the check post for the purpose, or on demand by any officer, authorised by the State Government by notification in the Official Gazette.

(2)     All carriers, carrying the mineral shall stop at the check post and proceed after having been cleared by the respective check post. The in charge of the check post shall make necessary endorsement on the first copy of the transit pass and return immediately to the Operator of such carrier and second copy of such transit pass will be kept in records of the check post.

CHAPTER III STORAGE OF MINERALS

Rule 8. Application for licence for storage of minerals.

(1)     Subject to the provisions of these rules, application for a licence for storage of minerals shall be made in 'Form A' to the concerned District Officer.

(2)     Every such application shall be accompanied by a non-refundable fee of Rs 500.00; name of the storage owner with complete address; details of storage site; name of the mineral; quantity of the mineral to be stored; period for licence and purpose of storage.

Rule 9. Disposal of application.

The District Officer subject to the provisions of these rules and after making such inquiry as it may consider necessary, may grant the licence in 'Form B' for a period of two years for such quantity as may be considered by him to be fit and proper.

Rule 10. Renewal of licence.

An application for the renewal of a licence for storage of mineral shall be made to the District Officer at least two months before the date on which, the licence is due to expire along with a fee of Rs 500 and particulars of previous licence. The licence may be renewed up to two years at a time.

Rule 11. Restriction on storage and transportation of minerals.

No person shall,

(a)      store any mineral in any place without obtaining a licence,

(b)      store any mineral within 50 meters from any public road, railway track or any public premises,

(c)      use any land for storage of minerals, which do not belong to him or is not held by him/her under valid tenancy,

(d)      transport the minerals from storage premises to any other place without issuing transit pass in 'Form C appended to these rules.

Rule 12. Maintenance of correct account of minerals.

(1)     The holder of such licence shall keep all times a correct and intelligible account of mineral's) purchased, stored or dispatched in Form D appended to these rules.

(2)     The holder of the licence for storage of the minerals shall submit a copy of correct account of mineral, stored and transported by him every month to the District Officer, under whose jurisdiction the premises of storage is situate in 'Form E' appended to these rules.

Rule 13. Inspection and checking of the storage of minerals.

(1)     For the purpose of checking of the stored minerals or for any purposes connected with the Act or rules made there under, the District Officer or the Officer authorised by the State Government may,

(a)      enter, inspect any such storage premises,

(b)      weigh, measure or take measurement of sk of mineral's) lying in the store,

(c)      examine any document, book, register or record in the possession,

(d)      take extracts from or make copies of such document, book, register or records.

(e)      summon or order the production of any such document, book, register or records as is referred to in clause (C),

(f)       summon or examine any person having the control of or connected with any sk of the mineral,

(g)      call for such information or return as may be considered necessary.

(2)     If any illegality is found in the sk of the minerals, the district officer or the officer authorised by the State Government in this behalf may issue a notice to such licensee to explain his case within thirty days from the receipt of the notice and if no explanation is submitted within stipulated time or the explanation so submitted is not found satisfactory then the licence may be determined by the District Officer and if the sk so checked is found without any lawful authority, the same may be seized and confiscated.

CHAPTER IV MISCELLANEOUS

Rule 14. Exemption.

The Government may, by notification in the Official Gazette, exempt any person or class of persons from the purview of these rules, provided the mineral is stored/ carried for the purpose of scientific test and research works only.

Rule 15. Appeal.

Any person aggrieved by any order made by the District Officer or the Officer authorised by the State Government in this behalf, in exercise of the powers conferred upon by these rules,

(a)      may appeal to the State Government in Form F within ninety days of the date of communication of the order;

(b)      every appeal shall be accompanied with a fee of Rs 500 to be deposited under the head and manner as the State Government may, by order, specify;

(c)      the State Government may confirm, modify or set aside the order appealed as it may deem fit and proper.