(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) 1 [a 2 [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 :
3 [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
1. Substituted by G.S.R. 21 (E), dated 11.1.2002.
2. Inserted by G.S.R. 56 (E), dated 17.1.2000.
3. Ibid.
17 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 subclause (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 1 [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.
2 [Omitted] 3 [Omitted] 4 [Omitted] 5 [Omitted]
1. Substituted by G.S.R. 56 (E), dated 17.1.2000.
2. Omitted by G.S.R. 56 (E), dated 17.1.2000.
3. Ibid. 4. Ibid. 5. Ibid.
18 (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) On receipt of the application for the grant of a mining lease the State Government shall take decision to grant precise area for the said purpose and communicate such decision to the applicant . On receipt of communication from the State Government of the precise area to be granted, the applicant shall submit a mining plan within a period of six months or such other period as may be allowed by the State Government, to the Central Government for its approval.
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.
1 [(4A) 2 [Notwithstanding anything contained in sub-rule (4), the State Government shall be competent to approve mining plan of open cast mines (mines other than the underground mines) in respect of the following non-metallic or industrial minerals in their respective territorial jurisdiction, namely:- ( i ) Agate
(ii) Ball Clay
(iii) Barytes
(iv) Calcareous Sand
(v) Calcite
(vi) Chalk
(vii) Clay (Others)
(viii) Corundum
(ix) Diaspore
(x) Dolomite
(xi) Dunite/pyroxenite
(xii) Felsite
(xiii) Felspar
(xiv) Fireclay
(xv) Fusch. Quartzite
(xvi) Gypsum
(xvii) Jasper __________________________________________________________________
1. Inserted by G.S.R. 56 (E), dated 17.1.2000.
2. Substituted by G.S.R. 743 (E), dated 25.9.2000.
19
(xviii) Kaolin
(xix) Laterite
(xx) Limekankar
(xxi) Ochre
(xxii) Pyrophyllite
(xxiii) Quartz
(xxiv) Quartzite
(xxv) Sand (Others)
(xxvi) Shale
(xxvii) Silica Sand
(xxviii)Slate
(xxix) Steatite/Talc/Soapstone ] 1 [Provided that the State Government shall exercise the power of approval of mining plan through an officer or officers who shall possess the following qualification, 2 [experience and post or pay scale], namely :-
(i) a degree in Mining Engineering or post-graduate degree in Geology from a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, including any institution recognized by the University Grants Commission established 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;
(ii) professional experience of twelve years in case of a Mining Engineer in the field of mining engineering and professional experience of eighteen years in case of a Geologist in the field of geological survey after obtaining the qualification as specified in clause (i) in each case; and 3 [(iii) in the post of Director or Additional Director or Joint Director of the concerned State Government or in the pay scale, the maximum of which shall not be less than Rs.15,850/- (Rupees fifteen thousand eight hundred and fifty) per month:]
Provided further that the list of the officers fulfilling the qualification, 4 [experience and post or pay-scale] specified in the first proviso shall be sent to the Controller General, Indian Bureau of Mines by the Sate Governments from time to time for the purposes of that proviso];
Provided 5 [also] where any State Government does not have such officer as having the requisite qualifications and experience, the power of approval of
1. Substituted by G.S.R.31(E), dated 22.1.2001. 2. Substituted by G.S.R.733(E), dated 29.10.2002.
3. Ibid. 4. Ibid. 5. Substituted by G.S.R. 31 (E), dated 22.1.2001.
20 mining plan, as aforesaid, in respect of that State shall be exercised by the Central Government :
Provided also that in the event of the State Government having officer or officers with requisite qualifications and experience from any date in future the State government shall report the matter to the Controller General, Indian Bureau of Mines and the State Government shall exercise the power of approval of mining plan, as aforesaid, thereafter without any reference to the Central Government.]
1 [(4B) The Central Government or the State Government shall dispose of the application for approval of the mining plan within a period of ninety days from the date of receiving of such application:
Provided that the aforesaid period of ninety days shall be applicable only if the mining plan is complete in all respects, and in case of any modifications subsequently suggested by the Central Government or the State Government, as the case may be, after the initial submission of the mining plan for approval, the said period shall be applicable from the date on which such modifications are carried out and submitted afresh to the Central Government or the State Government, as the case may be.]
(5) The Mining Plan shall incorporate :- 2 [(i) the plan of the lease hold area showing the nature and extent of the mineral body, spot or spots where the mining operations are proposed to be based on the prospecting data gathered by the applicant or any other person];
(ii) details of the geology and lithology of the area including mineral reserves of the area;
(iii) the extent of manual mining or mining by the use of machinery and mechanical devices;
(iv) the plan of the area showing natural water courses, limits of reserves and other forest areas and density of trees, if any, assessment of impact of mining activity on forest, land surface and environment including air and water pollution; details of scheme of restoration of the area by afforestation, land reclamation, use of pollution control devices and such other measures as may be directed by the Central Government or the State Government from time to time;
__________________________________________________________________
1. Inserted by G.S.R.21 (E), dated 11.1.2002. 2. Substituted by G.S.R.56 (E), dated
17.1.2000.
21 1 [(v) a tentative scheme of mining and annual programme and plan for excavation from year to year for five years;
2 [omitted] 3 [ (va) a progressive mine closure plan as defined in clause (oo) of rule 3 of the Mineral Conservation and Development Rules, 1988; and]
(vi) any other matter which the Central Government may require the applicant to provide in the mining plan.
4 [(6) The mining plan once approved shall be valid for the entire duration of the lease:
Provided that any modification or modifications of the mining plan shall be approved by the competent authority and such approval of the modified mining plan shall remain valid for the balance duration of the mining lease.]