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MADHYA PRADESH MINOR MINERAL RULES, 1996

A Parent Act : MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957

Madhya Pradesh Minor Mineral Rules, 1996

Madhya Pradesh Minor Mineral Rules, 1996

Act Title: Madhya Pradesh Minor Mineral Rules

Act No: 1

Act Year: 1996

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.

Section List

  • Section 1: Short title and commencement

    (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.

  • Section 2: Definitions

    In these Rules, unless the context otherwise requires, the following definitions apply:

    • “Act” means the Mines and Minerals (Regulations and Development) Act, 1957 (No. 67 of 1957);
    • “Agreement” means an agreement to quarry and carry away any one or more minor minerals specified therein;
    • “Assessment” means the assessment levied under these rules with reference to the extent of minor minerals extracted;
    • “Assessee” means a person holding a quarry lease or trade quarry and includes any other person who holds a quarry of minor minerals granted under these rules save as exempted under rules;
    • “Assessment Year” means the yearly period beginning from the date of commencement of the lease and ending on 31st December for the first year of the lease and thereafter from 1st January to 31st December or part thereof;
    • “Assessing Authority” means Mining Officer, Assistant Mining Officer and Mining Inspectors posted in the district;
    • “Appellate Authority” means the Government or any other authority vested with such powers under these rules;
    • “Below Poverty Line” means the family of below poverty line as declared by the State Government from time to time;
    • “Competent Authority” means a competent authority appointed by the State Government to carry out the provisions of these rules;
    • “Collector” means the Collector of Senior IAS Scale as defined in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);
    • “Director” means the Director of Geology and Mining, Madhya Pradesh;
    • “Lessee” means a person who has been granted a quarry lease under these rules;
    • “Minor Minerals” means the minerals as specified in Schedule I and appended to these rules;
    • “Mining Operation” means any operation undertaken for the purpose of mining any minor mineral;
    • “Quarry Lease” means a mining lease for minor minerals as mentioned in section 15 of the Act.
  • Section 3: Exemptions

    Nothing in these rules shall apply to:

    • The extraction of clay or sand by a hereditary kumhar, a member of a Scheduled Caste or a member of a Scheduled Tribe for preparing tiles, pots or bricks by traditional means;
    • Quarrying of minor minerals which is not done for sale but for the purpose of construction of repairs of wells, or other agricultural works;
    • The minor minerals removed from Government lands for public works by Gram Panchayats, Janpad Panchayats and Zila Panchayats.
  • Section 4: Prohibition of mining operation without a trade quarry or quarry lease

    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.

  • Section 5: Restrictions on the grant of trade quarry or quarry lease

    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.

  • Section 6: Power to grant quarry lease

    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.

  • Section 7: Power to grant trade quarry

    The quarries of minerals specified in Schedule II shall be allotted only by auction.

  • Section 8: Procedure for demarcation and declaration of new quarries

    The new quarries in respect of minerals specified in Schedule II shall be demarcated and declared by the Collector in consultation with concerning Panchayats.

  • Section 9: Application for quarry lease

    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.

  • Section 10: Application Fee

    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.

  • Section 11: Officer authorised to receive applications

    The Mining Officer or Assistant Mining Officer shall receive the applications and shall enter on it the date on which the application was received.

  • Section 12: Availability of certain areas

    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.

  • Section 13: Reservation of areas for exploitation in the public sector

    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.

  • Section 14: Acknowledgement of application

    Where an application for the grant or renewal of a Quarry lease is delivered personally its receipt shall be acknowledged forthwith.

  • Section 15: Register of applications for quarry lease

    A register of applications for quarry lease shall be maintained by the mining officer or Assistant Mining Officer.

  • Section 16: Premature applications

    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.

  • Section 17: Renewal of quarry lease

    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.

  • Section 18: Disposal of applications for the grant or renewal of quarry lease

    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.

  • Section 19: Reasons for refusal to be recorded

    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.

  • Section 20: Register of quarry leases

    A register of quarry leases shall be maintained by the Mining Officer/Assistant Mining Officer.

  • Section 21: Preferential Rights

    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.

  • Section 22: Period of quarry lease

    The period for which a quarry lease may be granted or renewed shall be as shown in the table below.

  • Section 23: Restrictions on area of quarry lease

    No lessee shall ordinarily hold in aggregate more than the area of Limestone (Minor Mineral).

  • Section 24: Boundaries below the Surface

    The boundaries of the area covered by a quarry lease shall run vertically downwards below the surface towards the centre of the earth.

  • Section 25: Security deposit and surety

    An applicant for quarry lease shall before the deed is executed, deposit as security a sum of rupees Ten thousand.

  • Section 26: Lease to be executed within three months

    Where a quarry lease is granted or renewed, the lease deed shall be executed and registered within three months.

  • Section 27: Survey of the area leased

    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.

  • Section 28: Information of agreements etc. to Panchayats

    The Collector shall send a copy of every lease deed with plan to the respective Janpad Panchayat.

  • Section 29: Rent and Royalty

    When a quarry lease is granted or renewed, dead rent shall be charged at the rates specified in Schedule IV.

  • Section 30: Conditions of quarry lease

    Every quarry lease shall be subject to the following conditions.

  • Section 31: Special Conditions

    A quarry lease may contain any other special conditions as may be specified by the State Government.

  • Section 32: Establishment of cutting and polishing units

    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.

  • Section 33: Rights of Lessee

    Subject to the conditions specified in rule 30 the lessee shall have the right to work the mines.

  • Section 34: Right to determine lease

    The lessee may determine the lease at any time by giving not less than six months notice in writing.

  • Section 35: Transfer of Quarry lease

    No prospecting licensee/lessee shall transfer or sub-let his prospecting licence/lease to any other person.

  • Section 36: Auction of quarries

    The quarries of minerals specified in serial number 1, 3 and 4 of Schedule II shall be allotted only by auction.

  • Section 37: Execution and Registration of Contract Agreement

    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.

  • Section 38: Rates of royalty

    The rates of royalty payable on minerals despatched from the auctioned quarry shall be as given in Schedule III.

  • Section 39: Maintenance of Register of Trade Quarry

    The register of quarries allotted by auction shall be maintained.

  • Section 40: Maintenance of accounts of income

    The accounts of income obtained from the auction of trade quarries shall be maintained.

  • Section 41: Resumption of Possession

    Where an auction quarry is cancelled or determined, the contractor shall hand over possession of the quarry.

  • Section 42: Opencast working

    In opencast workings, the benches formed shall be so arranged that the benches in mineral and overburden are separated.

  • Section 43: Exemptions to be subject to Mines Act, 1952

    Subject to such exemptions granted under the Mines Act, 1952, the lessees shall comply with all provisions of the said Act and rules.

  • Section 44: Protection of Environment

    Every holder of quarry lease shall take all possible precautions for the protection of environment.

  • Section 45: Reclamation and rehabilitation of lands

    Every holder of quarry lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by quarrying operations.

  • Section 46: Precautions against damage to public places, air pollution and noise pollution etc

    Every holder of a quarry lease shall take adequate precautions against damage to public buildings or monuments.

  • Section 47: Penalty

    Whosoever contravenes any of the provisions of these rules shall be punishable with imprisonment or fine.

  • Section 48: Returns

    Every holder of a quarry lease shall submit to the Collector a quarterly report.

  • Section 49: Relaxation from protection of Environment

    Notwithstanding anything contained in these rules, the provisions of environmental protection shall not apply to sand and bajri quarrying.

  • Section 50: Scheme to be submitted by the existing lessees

    Where quarrying operations have been undertaken before the commencement of these rules, the holder of all such quarry leases shall submit a scheme.

  • Section 51: Approval of Scheme

    The Collector shall within a period of 90 days from the date of receipt of the scheme convey his approval or disapproval.

  • Section 52: Assessment and determination of royalty

    Assessment and determination of royalty due from an assessee shall be made by the assessing authority.

  • Section 53: Penalty for un-authorised extraction and transportation

    Whenever any person is found extracting or transporting minerals otherwise than in accordance with these rules, he shall be punishable.

  • Section 54: Awards

    Any officer of Directorate, Geology and Mining, Madhya Pradesh furnishing information leading to prosecution of offence may be granted awards.

  • Section 55: Authority and mode of awards

    The power to grant awards shall vest with the Director.

  • Section 56: Deposition of Revenue

    All revenue including dead rent, royalty, surface rent shall be deposited under the revenue receipt head prescribed.

  • Section 57: Appeal, Review and Revision

    Where any power is exercisable by the Collector under these rules, an appeal shall lie to the Director.

  • Section 58: Revision

    The State Government and Director may at any time call for and examine the record of any case pending before any officer.

  • Section 59: Limitation of Appeal, Review or Revision

    No appeal, revision or review under these rules shall be entertained after sixty days of the date of communication of the order.

  • Section 60: Application for Appeal

Section Title

Madhya Pradesh Minor Mineral Rules, 1996

Madhya Pradesh Minor Mineral Rules, 1996

Act Title: Madhya Pradesh Minor Mineral Rules

Act No: 1

Act Year: 1996

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.

Section List

  • Section 1: Short title and commencement

    (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.

  • Section 2: Definitions

    In these Rules, unless the context otherwise requires, the following definitions apply:

    • “Act” means the Mines and Minerals (Regulations and Development) Act, 1957 (No. 67 of 1957);
    • “Agreement” means an agreement to quarry and carry away any one or more minor minerals specified therein;
    • “Assessment” means the assessment levied under these rules with reference to the extent of minor minerals extracted;
    • “Assessee” means a person holding a quarry lease or trade quarry and includes any other person who holds a quarry of minor minerals granted under these rules save as exempted under rules;
    • “Assessment Year” means the yearly period beginning from the date of commencement of the lease and ending on 31st December for the first year of the lease and thereafter from 1st January to 31st December or part thereof;
    • “Assessing Authority” means Mining Officer, Assistant Mining Officer and Mining Inspectors posted in the district;
    • “Appellate Authority” means the Government or any other authority vested with such powers under these rules;
    • “Below Poverty Line” means the family of below poverty line as declared by the State Government from time to time;
    • “Competent Authority” means a competent authority appointed by the State Government to carry out the provisions of these rules;
    • “Collector” means the Collector of Senior IAS Scale as defined in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959);
    • “Director” means the Director of Geology and Mining, Madhya Pradesh;
    • “Lessee” means a person who has been granted a quarry lease under these rules;
    • “Minor Minerals” means the minerals as specified in Schedule I and appended to these rules;
    • “Mining Operation” means any operation undertaken for the purpose of mining any minor mineral;
    • “Quarry Lease” means a mining lease for minor minerals as mentioned in section 15 of the Act.
  • Section 3: Exemptions

    Nothing in these rules shall apply to:

    • The extraction of clay or sand by a hereditary kumhar, a member of a Scheduled Caste or a member of a Scheduled Tribe for preparing tiles, pots or bricks by traditional means;
    • Quarrying of minor minerals which is not done for sale but for the purpose of construction of repairs of wells, or other agricultural works;
    • The minor minerals removed from Government lands for public works by Gram Panchayats, Janpad Panchayats and Zila Panchayats.
  • Section 4: Prohibition of mining operation without a trade quarry or quarry lease

    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.

  • Section 5: Restrictions on the grant of trade quarry or quarry lease

    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.

  • Section 6: Power to grant quarry lease

    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.

  • Section 7: Power to grant trade quarry

    The quarries of minerals specified in Schedule II shall be allotted only by auction.

  • Section 8: Procedure for demarcation and declaration of new quarries

    The new quarries in respect of minerals specified in Schedule II shall be demarcated and declared by the Collector in consultation with concerning Panchayats.

  • Section 9: Application for quarry lease

    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.

  • Section 10: Application Fee

    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.

  • Section 11: Officer authorised to receive applications

    The Mining Officer or Assistant Mining Officer shall receive the applications and shall enter on it the date on which the application was received.

  • Section 12: Availability of certain areas

    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.

  • Section 13: Reservation of areas for exploitation in the public sector

    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.

  • Section 14: Acknowledgement of application

    Where an application for the grant or renewal of a Quarry lease is delivered personally its receipt shall be acknowledged forthwith.

  • Section 15: Register of applications for quarry lease

    A register of applications for quarry lease shall be maintained by the mining officer or Assistant Mining Officer.

  • Section 16: Premature applications

    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.

  • Section 17: Renewal of quarry lease

    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.

  • Section 18: Disposal of applications for the grant or renewal of quarry lease

    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.

  • Section 19: Reasons for refusal to be recorded

    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.

  • Section 20: Register of quarry leases

    A register of quarry leases shall be maintained by the Mining Officer/Assistant Mining Officer.

  • Section 21: Preferential Rights

    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.

  • Section 22: Period of quarry lease

    The period for which a quarry lease may be granted or renewed shall be as shown in the table below.

  • Section 23: Restrictions on area of quarry lease

    No lessee shall ordinarily hold in aggregate more than the area of Limestone (Minor Mineral).

  • Section 24: Boundaries below the Surface

    The boundaries of the area covered by a quarry lease shall run vertically downwards below the surface towards the centre of the earth.

  • Section 25: Security deposit and surety

    An applicant for quarry lease shall before the deed is executed, deposit as security a sum of rupees Ten thousand.

  • Section 26: Lease to be executed within three months

    Where a quarry lease is granted or renewed, the lease deed shall be executed and registered within three months.

  • Section 27: Survey of the area leased

    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.

  • Section 28: Information of agreements etc. to Panchayats

    The Collector shall send a copy of every lease deed with plan to the respective Janpad Panchayat.

  • Section 29: Rent and Royalty

    When a quarry lease is granted or renewed, dead rent shall be charged at the rates specified in Schedule IV.

  • Section 30: Conditions of quarry lease

    Every quarry lease shall be subject to the following conditions.

  • Section 31: Special Conditions

    A quarry lease may contain any other special conditions as may be specified by the State Government.

  • Section 32: Establishment of cutting and polishing units

    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.

  • Section 33: Rights of Lessee

    Subject to the conditions specified in rule 30 the lessee shall have the right to work the mines.

  • Section 34: Right to determine lease

    The lessee may determine the lease at any time by giving not less than six months notice in writing.

  • Section 35: Transfer of Quarry lease

    No prospecting licensee/lessee shall transfer or sub-let his prospecting licence/lease to any other person.

  • Section 36: Auction of quarries

    The quarries of minerals specified in serial number 1, 3 and 4 of Schedule II shall be allotted only by auction.

  • Section 37: Execution and Registration of Contract Agreement

    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.

  • Section 38: Rates of royalty

    The rates of royalty payable on minerals despatched from the auctioned quarry shall be as given in Schedule III.

  • Section 39: Maintenance of Register of Trade Quarry

    The register of quarries allotted by auction shall be maintained.

  • Section 40: Maintenance of accounts of income

    The accounts of income obtained from the auction of trade quarries shall be maintained.

  • Section 41: Resumption of Possession

    Where an auction quarry is cancelled or determined, the contractor shall hand over possession of the quarry.

  • Section 42: Opencast working

    In opencast workings, the benches formed shall be so arranged that the benches in mineral and overburden are separated.

  • Section 43: Exemptions to be subject to Mines Act, 1952

    Subject to such exemptions granted under the Mines Act, 1952, the lessees shall comply with all provisions of the said Act and rules.

  • Section 44: Protection of Environment

    Every holder of quarry lease shall take all possible precautions for the protection of environment.

  • Section 45: Reclamation and rehabilitation of lands

    Every holder of quarry lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by quarrying operations.

  • Section 46: Precautions against damage to public places, air pollution and noise pollution etc

    Every holder of a quarry lease shall take adequate precautions against damage to public buildings or monuments.

  • Section 47: Penalty

    Whosoever contravenes any of the provisions of these rules shall be punishable with imprisonment or fine.

  • Section 48: Returns

    Every holder of a quarry lease shall submit to the Collector a quarterly report.

  • Section 49: Relaxation from protection of Environment

    Notwithstanding anything contained in these rules, the provisions of environmental protection shall not apply to sand and bajri quarrying.

  • Section 50: Scheme to be submitted by the existing lessees

    Where quarrying operations have been undertaken before the commencement of these rules, the holder of all such quarry leases shall submit a scheme.

  • Section 51: Approval of Scheme

    The Collector shall within a period of 90 days from the date of receipt of the scheme convey his approval or disapproval.

  • Section 52: Assessment and determination of royalty

    Assessment and determination of royalty due from an assessee shall be made by the assessing authority.

  • Section 53: Penalty for un-authorised extraction and transportation

    Whenever any person is found extracting or transporting minerals otherwise than in accordance with these rules, he shall be punishable.

  • Section 54: Awards

    Any officer of Directorate, Geology and Mining, Madhya Pradesh furnishing information leading to prosecution of offence may be granted awards.

  • Section 55: Authority and mode of awards

    The power to grant awards shall vest with the Director.

  • Section 56: Deposition of Revenue

    All revenue including dead rent, royalty, surface rent shall be deposited under the revenue receipt head prescribed.

  • Section 57: Appeal, Review and Revision

    Where any power is exercisable by the Collector under these rules, an appeal shall lie to the Director.

  • Section 58: Revision

    The State Government and Director may at any time call for and examine the record of any case pending before any officer.

  • Section 59: Limitation of Appeal, Review or Revision

    No appeal, revision or review under these rules shall be entertained after sixty days of the date of communication of the order.

  • Section 60: Application for Appeal

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