(1) Every holder of prospecting licence or a mining lease shall carry out prospecting or mining operations, as the case may be, in such a manner so as to cause least damage to the flora of the area held under prospecting licence or mining lease and the nearby areas.
(2) Every holder of prospecting licence or a mining lease shall -
(a) take immediate measures for planting in the same area or any other area selected by the Controller General or the authorised officer not less than twice the number of trees destroyed by reason of any prospecting or mining operations;
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(b) look after them during the subsistence of the licence/lease after which these trees shall be handed over to the State Forest Department or any other authority as may be nominated by the Controller General or the authorised officer; and
(c) restore, to the extent possible, other flora destroyed by prospecting or mining operations.
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CHAPTER – VI Employment of Qualified persons 1 [42. Employment of geologists and mining engineer
(1) For the purpose of carrying out reconnaissance, prospecting or mining operations in accordance with these rules:
(a) Every holder of reconnaissance permit shall employ a whole-time geologist;
(b) Every holder of prospecting licence shall employ a whole-time geologist and mining engineer;
(c) every holder of a mining lease shall employ, in case of:-
(i) category 'A' mines, a whole-time mining engineer and geologist;
(ii) category 'B' mines, a part-time mining engineer and a part-time geologist:
Provided that in the case of fully mechanized category 'A' mines, the mining engineers and geologists shall have minimum ten years of professional experience of working in a supervisory capacity in the field of mining:
Provided further that in case of category 'B' mines, a person employed in terms of the provisions of sub-rule (6) may be permitted to be employed in lieu of part-time mining engineer.
(2) For the purpose of this rule -
(i) category 'A' mines means
(a) such fully mechanized mines where the work is being carried out by deployment of heavy mining machinery for deep hole drilling, excavation, loading and transport, or
(b) such mines where the number of average employment exceeds one hundred and fifty in all or seventyfive workings below ground, or mines where any of the mining operations like deep hole drilling, excavation, loading and transport is carried out with the help of heavy machinery.
(ii) category 'B' mines means mines other than category 'A' mines:
Provided that if any doubt arises as to whether any mine is a category 'A' mine, it shall be referred to the Controller General, Indian Bureau of Mines for decision.
Explanation : The expression 'average employment' means the average per day of the total employment of the mine during the preceding quarter (obtained by dividing the number of man days worked by the number of working days).
1. substituted by G.S.R. 216(E), dated 29.3.2010 27 3) The part-time mining engineer and geologist can be employed up to a maximum of six prospects or mines, provided that all such prospects or mines are located within a radius of 50 kilometres.
(4) If the holder of a reconnaissance permit, prospecting licence or a mining lease is a geologist or mining engineer, he may appoint himself as the geologist or mining engineer for the purpose of sub-rule (1).
(5) A mining engineer or geologist employed by the holder of a prospecting licence or mining lease shall possess the qualifications specified below:- Geologist : A postgraduate 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 recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification.
Mining Engineer : A degree in Mining Engineering granted by 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 or any equivalent qualification.
(6) (a) Any person possessing the qualification and experience for the category of mines as laid down in the Table below shall be eligible to be employed in lieu of part-time mining engineers in respect of the category of mines specified.
TABLE Qualifications Experience Category of Mines
(1) (2) (3)
(i) Diploma in Mining or Postgraduate Degree in Geology with First Class Metalliferous Mine Manager's Certificate Nil Category 'B' Mines
(ii) Holder of First Class Metalliferous Mine Manager’s Certificate Two years experience after obtaining the Certificate Category 'B' Mines
(iii)Diploma in Mining or Postgraduate Degree in Geology or equivalent 3 years experience in supervisory capacity in mine Category 'B' Mines 28 Qualifications Experience Category of Mines
(1) (2) (3)
(iv) Graduate in Geology or holder of Second Class Metalliferous Mine Manager's Certificate 5 years experience after graduation or one year’s experience after obtaining the Certificate Category 'B' Mines v) Secondary School Leaving Certificate with Mines Foreman’s Certificate.
5 years experience as a Mine Foreman/Mate All open cast mines of Category 'B'
(b) The person permitted to be employed in lieu of mining engineer shall be bound by these rules in the same way as the mining engineer.
(7) Where, due to reduction in average employment in the mine, a category 'A' mines qualifies to become a category 'B' mines, the employment of a mining engineer as required for category 'B' mines may be done only with previous permission in writing of the Controller General or the authorised officer and subject to such conditions as he may specify”].