(1) No mining plan shall be approved unless it is prepared by a qualified person recognised in this behalf by the Central Government, or duly authorised officer.
(2) No person shall be recognised by the Central Government for purposes of sub-rule (1) unless he holds-
(i) a degree in mining engineering or post-graduate 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 institution recognised by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification granted by any University or Institution outside India; and
(ii) Professional experience of five years of working in a supervisory capacity in the field of mining after obtaining the degree.
(3) A person recognisesd to prepare a mining plan may also carry out modifications of an existing mining plan.
1. Substituted by G.S.R.56 (E), dated 17.1. 2000 2. Omitted by G.S.R. 329 (E). dated 10.4 2003
3. Inserted by G.S.R. 329 (E), dated 10.4.2003. 4. Inserted by G.S.R. 56 (E), dated 17.1.2000.
22 1 [22BB. Procedure for approval of mining plans : - (1) Notwithstanding the provisions of rule 63 the mining plan shall be submitted for approval through authority notified by the Controller General of the Indian Bureau of Mines or by the State Government, as the case may be, in this behalf, except for minerals specified in Part A and B of the First Schedule to the Act.
2 [(1a) Every mining plan submitted for approval under sub-rule(1) shall be accompanied with a non-refundable fee of one thousand rupees for every square kilometre, or part thereof of mining area covered under the mining lease.]
(2) Notwithstanding the provisions of the rule 54, any person aggrieved by any order made or direction issued in respect of mining plan by an officer of the Central Government competent to approve mining plans other than the Chief Controller of Mines, Indian Bureau of Mines, for minerals other than those listed in Part A and B of the First Schedule to the Act, may within thirty days of the communication of such order or direction, apply to the authority to whom the said officer is immediately subordinate, for the revision of the order or direction:
Provided that any such application may be entertained after the said period of thirty days if the applicant satisfies the authority that he had sufficient cause for not making the application within time;
(3) On receipt of any application for revision under sub-rule (1), the authority after giving a reasonable opportunity of being heard to the aggrieved person, may confirm, modify or set aside the order made or direction issued by any officer subordinate to him.
(4) Any person aggrieved by an order made or direction issued by the Chief Controller of Mines, Indian Bureau of Mines, concerning approval of mining plan may within thirty days of the communication of such order or direction, apply to the Controller General, Indian Bureau of Mines for a revision of such order or direction and his decision thereon shall be final :
Provided that any such application may be entertained after the said period of thirty days, if the applicant satisfies the Controller General, Indian Bureau of Mines that he had sufficient cause for not making the application in time.
(5) On receipt of any such application under sub-rule (4), the Controller General, Indian Bureau of Mines may confirm, modify or set aside the order or direction issued by the Chief Controller of Mines, Indian Bureau of Mines.
(6) (a) Notwithstanding anything contained in the above sub-rules, any person aggrieved by any order or direction issued in respect of a mining plan by 1 Substituted by G.S.R. 56 (E), dated 17.1.2000. 2. Inserted by G.S.R. 21 (E), dated 11.1.2002.
23 an authorised officer of the State Government, may within thirty days of the communication of such order or direction, apply to the Controller General, Indian Bureau of Mines for revision of the order or direction and his decision thereon shall be final.
(b) The procedure enumerated in the preceding sub-rules shall, mutatis mutandis, be followed in the disposal of such an application.
(7) The powers under sub-rules (1) and (2) in regard to approval of mining plans shall be exercised by Director, Atomic Minerals Directorate for Exploration and Research, Hyderabad, and in regard to revision under sub-rules (3) to (5) shall be exercised by Secretary, Department of Atomic Energy, Mumbai, insofar as they relate to atomic minerals specified in Part B of the First Schedule to the Act.
(8) The powers under sub- rules (1) to (5) in regard to approval of mining plan and revision shall be exercised by authorities designated in this behalf by notification by the Department of Coal insofar as they relate to coal and lignite specified in Part A of the First Schedule to the Act.]