A Parent Act : MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957
Act Description: These rules are made under the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (No. 67 of 1957) for the regulation of minor minerals in the state of Madhya Pradesh.
(i) These rules may be called the Madhya Pradesh Minor Mineral Rules, 1996.
(ii) They shall come into force on the first day of April, 1996.
In these Rules, unless the context otherwise requires, the following definitions apply:
Nothing in these rules shall apply to:
No person shall undertake any mining operation in any area except under and in accordance with the terms and conditions of a trade quarry or quarry lease granted under these rules.
No quarry lease or trade quarry shall be granted to any person unless such person is an Indian National or a company as defined in the Companies Act, 1956.
Quarry lease in respect of minerals specified in Schedule I and Schedule II shall be granted and renewed by the authority mentioned in the rules.
The quarries of minerals specified in Schedule II shall be allotted only by auction.
The new quarries in respect of minerals specified in Schedule II shall be demarcated and declared by the Collector in consultation with concerning Panchayats.
An application for the grant or renewal of a quarry lease shall be made in Form I in triplicate for the minerals specified in Schedule I and II.
There shall be paid in respect of every application for grant or renewal of a quarry lease an application fee of Rs. 5000/- for minerals specified in Schedule I and Rs. 250/- for minerals specified in Schedule II.
The Mining Officer or Assistant Mining Officer shall receive the applications and shall enter on it the date on which the application was received.
No application for quarry lease of minerals at S.No. 1 to 4 of schedule I shall lie for area previously held or which are being held under a quarry lease.
The State Government may reserve any area for conservation, protection of environment, assessment of reserve by the State Government or for exploitation by the Government.
Where an application for the grant or renewal of a Quarry lease is delivered personally its receipt shall be acknowledged forthwith.
A register of applications for quarry lease shall be maintained by the mining officer or Assistant Mining Officer.
Applications for the grant of a quarry lease in respect of areas whose availability for grant is required to be notified shall be deemed to be premature.
Every application for the renewal of a quarry lease shall be made at least one year before the date of which the lease is due to expire.
On receipt of an application for the grant or renewal of a quarry lease, its details shall be first circulated for display on the notice board of the concerned Panchayat.
Where the Sanctioning Authority passes any order refusing to grant or renew a quarry lease, it shall communicate in writing the reasons for such order.
A register of quarry leases shall be maintained by the Mining Officer/Assistant Mining Officer.
A quarry lease for minerals specified in S. No. 1 of Schedule 1 shall be granted only to the Madhya Pradesh State Mining Corporation Limited.
The period for which a quarry lease may be granted or renewed shall be as shown in the table below.
No lessee shall ordinarily hold in aggregate more than the area of Limestone (Minor Mineral).
The boundaries of the area covered by a quarry lease shall run vertically downwards below the surface towards the centre of the earth.
An applicant for quarry lease shall before the deed is executed, deposit as security a sum of rupees Ten thousand.
Where a quarry lease is granted or renewed, the lease deed shall be executed and registered within three months.
When a quarry lease is granted over any area, arrangement shall be made by the Mining Officer for the preparation of a plan and the demarcation of the area granted under the lease.
The Collector shall send a copy of every lease deed with plan to the respective Janpad Panchayat.
When a quarry lease is granted or renewed, dead rent shall be charged at the rates specified in Schedule IV.
Every quarry lease shall be subject to the following conditions.
A quarry lease may contain any other special conditions as may be specified by the State Government.
Notwithstanding anything contained in sub-rule (5) of Rule 30 in respect of quarry leases of granite granted for the establishment of cutting and polishing unit.
Subject to the conditions specified in rule 30 the lessee shall have the right to work the mines.
The lessee may determine the lease at any time by giving not less than six months notice in writing.
No prospecting licensee/lessee shall transfer or sub-let his prospecting licence/lease to any other person.
The quarries of minerals specified in serial number 1, 3 and 4 of Schedule II shall be allotted only by auction.
The Contract agreement shall be executed by the successful bidder within a period of 30 days from the date of receipt of approval of the contract.
The rates of royalty payable on minerals despatched from the auctioned quarry shall be as given in Schedule III.
The register of quarries allotted by auction shall be maintained.
The accounts of income obtained from the auction of trade quarries shall be maintained.
Where an auction quarry is cancelled or determined, the contractor shall hand over possession of the quarry.
In opencast workings, the benches formed shall be so arranged that the benches in mineral and overburden are separated.
Subject to such exemptions granted under the Mines Act, 1952, the lessees shall comply with all provisions of the said Act and rules.
Every holder of quarry lease shall take all possible precautions for the protection of environment.
Every holder of quarry lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by quarrying operations.
Every holder of a quarry lease shall take adequate precautions against damage to public buildings or monuments.
Whosoever contravenes any of the provisions of these rules shall be punishable with imprisonment or fine.
Every holder of a quarry lease shall submit to the Collector a quarterly report.
Notwithstanding anything contained in these rules, the provisions of environmental protection shall not apply to sand and bajri quarrying.
Where quarrying operations have been undertaken before the commencement of these rules, the holder of all such quarry leases shall submit a scheme.
The Collector shall within a period of 90 days from the date of receipt of the scheme convey his approval or disapproval.
Assessment and determination of royalty due from an assessee shall be made by the assessing authority.
Whenever any person is found extracting or transporting minerals otherwise than in accordance with these rules, he shall be punishable.
Any officer of Directorate, Geology and Mining, Madhya Pradesh furnishing information leading to prosecution of offence may be granted awards.
The power to grant awards shall vest with the Director.
All revenue including dead rent, royalty, surface rent shall be deposited under the revenue receipt head prescribed.
Where any power is exercisable by the Collector under these rules, an appeal shall lie to the Director.
The State Government and Director may at any time call for and examine the record of any case pending before any officer.
No appeal, revision or review under these rules shall be entertained after sixty days of the date of communication of the order.
Act Description: These rules are made under the powers conferred by Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (No. 67 of 1957) for the regulation of minor minerals in the state of Madhya Pradesh.
(i) These rules may be called the Madhya Pradesh Minor Mineral Rules, 1996.
(ii) They shall come into force on the first day of April, 1996.
In these Rules, unless the context otherwise requires, the following definitions apply:
Nothing in these rules shall apply to:
No person shall undertake any mining operation in any area except under and in accordance with the terms and conditions of a trade quarry or quarry lease granted under these rules.
No quarry lease or trade quarry shall be granted to any person unless such person is an Indian National or a company as defined in the Companies Act, 1956.
Quarry lease in respect of minerals specified in Schedule I and Schedule II shall be granted and renewed by the authority mentioned in the rules.
The quarries of minerals specified in Schedule II shall be allotted only by auction.
The new quarries in respect of minerals specified in Schedule II shall be demarcated and declared by the Collector in consultation with concerning Panchayats.
An application for the grant or renewal of a quarry lease shall be made in Form I in triplicate for the minerals specified in Schedule I and II.
There shall be paid in respect of every application for grant or renewal of a quarry lease an application fee of Rs. 5000/- for minerals specified in Schedule I and Rs. 250/- for minerals specified in Schedule II.
The Mining Officer or Assistant Mining Officer shall receive the applications and shall enter on it the date on which the application was received.
No application for quarry lease of minerals at S.No. 1 to 4 of schedule I shall lie for area previously held or which are being held under a quarry lease.
The State Government may reserve any area for conservation, protection of environment, assessment of reserve by the State Government or for exploitation by the Government.
Where an application for the grant or renewal of a Quarry lease is delivered personally its receipt shall be acknowledged forthwith.
A register of applications for quarry lease shall be maintained by the mining officer or Assistant Mining Officer.
Applications for the grant of a quarry lease in respect of areas whose availability for grant is required to be notified shall be deemed to be premature.
Every application for the renewal of a quarry lease shall be made at least one year before the date of which the lease is due to expire.
On receipt of an application for the grant or renewal of a quarry lease, its details shall be first circulated for display on the notice board of the concerned Panchayat.
Where the Sanctioning Authority passes any order refusing to grant or renew a quarry lease, it shall communicate in writing the reasons for such order.
A register of quarry leases shall be maintained by the Mining Officer/Assistant Mining Officer.
A quarry lease for minerals specified in S. No. 1 of Schedule 1 shall be granted only to the Madhya Pradesh State Mining Corporation Limited.
The period for which a quarry lease may be granted or renewed shall be as shown in the table below.
No lessee shall ordinarily hold in aggregate more than the area of Limestone (Minor Mineral).
The boundaries of the area covered by a quarry lease shall run vertically downwards below the surface towards the centre of the earth.
An applicant for quarry lease shall before the deed is executed, deposit as security a sum of rupees Ten thousand.
Where a quarry lease is granted or renewed, the lease deed shall be executed and registered within three months.
When a quarry lease is granted over any area, arrangement shall be made by the Mining Officer for the preparation of a plan and the demarcation of the area granted under the lease.
The Collector shall send a copy of every lease deed with plan to the respective Janpad Panchayat.
When a quarry lease is granted or renewed, dead rent shall be charged at the rates specified in Schedule IV.
Every quarry lease shall be subject to the following conditions.
A quarry lease may contain any other special conditions as may be specified by the State Government.
Notwithstanding anything contained in sub-rule (5) of Rule 30 in respect of quarry leases of granite granted for the establishment of cutting and polishing unit.
Subject to the conditions specified in rule 30 the lessee shall have the right to work the mines.
The lessee may determine the lease at any time by giving not less than six months notice in writing.
No prospecting licensee/lessee shall transfer or sub-let his prospecting licence/lease to any other person.
The quarries of minerals specified in serial number 1, 3 and 4 of Schedule II shall be allotted only by auction.
The Contract agreement shall be executed by the successful bidder within a period of 30 days from the date of receipt of approval of the contract.
The rates of royalty payable on minerals despatched from the auctioned quarry shall be as given in Schedule III.
The register of quarries allotted by auction shall be maintained.
The accounts of income obtained from the auction of trade quarries shall be maintained.
Where an auction quarry is cancelled or determined, the contractor shall hand over possession of the quarry.
In opencast workings, the benches formed shall be so arranged that the benches in mineral and overburden are separated.
Subject to such exemptions granted under the Mines Act, 1952, the lessees shall comply with all provisions of the said Act and rules.
Every holder of quarry lease shall take all possible precautions for the protection of environment.
Every holder of quarry lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by quarrying operations.
Every holder of a quarry lease shall take adequate precautions against damage to public buildings or monuments.
Whosoever contravenes any of the provisions of these rules shall be punishable with imprisonment or fine.
Every holder of a quarry lease shall submit to the Collector a quarterly report.
Notwithstanding anything contained in these rules, the provisions of environmental protection shall not apply to sand and bajri quarrying.
Where quarrying operations have been undertaken before the commencement of these rules, the holder of all such quarry leases shall submit a scheme.
The Collector shall within a period of 90 days from the date of receipt of the scheme convey his approval or disapproval.
Assessment and determination of royalty due from an assessee shall be made by the assessing authority.
Whenever any person is found extracting or transporting minerals otherwise than in accordance with these rules, he shall be punishable.
Any officer of Directorate, Geology and Mining, Madhya Pradesh furnishing information leading to prosecution of offence may be granted awards.
The power to grant awards shall vest with the Director.
All revenue including dead rent, royalty, surface rent shall be deposited under the revenue receipt head prescribed.
Where any power is exercisable by the Collector under these rules, an appeal shall lie to the Director.
The State Government and Director may at any time call for and examine the record of any case pending before any officer.
No appeal, revision or review under these rules shall be entertained after sixty days of the date of communication of the order.