(1) Where mining operations have been undertaken before the commencement of these rules without an approved mining plan, the holder of such mining lease shall submit a mining plan within a period of one year from the date of commencement of these rules, 5 [ to the Regional Controller or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, for approval.]
(2) If a holder of a mining lease has not been able to submit the mining plan within the specified time for reasons beyond his control, he may apply for extension of time giving reasons to the following authorities :
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1. Inserted by G.S.R. 55 (E), dated 17.1.2000. 2. Ibid. 3. Ibid.
4. Substituted by G.S.R. 22 (E), dated 11.1.2002. 5. Substituted by G.S.R. 55 (E), dated 17.1.2000.
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(a) to the Regional Controller for extension of time up to six months;
(b) to the Controller of Mines for extension of time exceeding six months but not exceeding one year;
(c) to the Chief Controller of Mines for extension of time beyond one year;
1 [(d) to the officer authorised in this behalf by the State Government in respect of mining plan approved by the State Government.]
2 [(3) The Regional Controller, Controller of Mines, the Chief Controller of Mines or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, on receiving an application made under sub-rule (2) may, on being satisfied, extend the period for submission of the mining plan for the period mentioned in clause (a), (b), (c) or (d) of the said sub-rule.]
(4) The Regional Controller 3 [or the officer authorised in this behalf by the State Government, as the case may be,] may approve the plan as submitted by the lessee under subrule (1) or may require modifications to be carried out in the plan and the lessee shall carry out such modifications and resubmit the modified plan for 4 [omitted.] approval.
5 [(5) The Regional Controller or the officer authorised in this behalf by the State Government, as the case may be, shall, within a period of 90 days from the date of receipt of the mining plan or the modified mining plan, convey approval or disapproval to the applicant and in case of disapproval shall also convey the reasons for disapproving the said mining plan or the modified mining plan.]
(6) If no decision is conveyed within the period stipulated under sub-rule (5), the mining plan or the modified mining plan, as the case may be, shall be deemed to have been provisionally approved and such approval shall be subject to the final decision whenever communicated.
(7) The mining plan submitted under sub-rule (1) shall be prepared by a recognised person.