Union of India - Act
The Mineral Conservation and Development Rules, 2017
UNION OF INDIA
India
India
The Mineral Conservation and Development Rules, 2017
Rule THE-MINERAL-CONSERVATION-AND-DEVELOPMENT-RULES-2017 of 2017
- Published on 27 February 2017
- Commenced on 27 February 2017
- [This is the version of this document from 27 February 2017.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and commencement.
2. Applicability.
- These rules shall apply to all minerals, except -3. Definitions.
Chapter II
Reconnaissance and Prospecting Operations
4. Scheme of reconnaissance or prospecting.
5. Modification of scheme of reconnaissance or prospecting.
6. Reconnaissance or prospecting operations to be carried out in accordance with scheme of reconnaissance or prospecting.
- Every holder of a reconnaissance permit or prospecting licence or prospecting license-cum-mining lease shall carry out the reconnaissance or prospecting operations in accordance with the scheme submitted under rule 4 or with such modifications, if any, as provided under rule 5 or as directed by the the Controller General and Regional Controller or the authorised officer.7. Intimation about reconnaissance and prospecting operations.
- Every holder of a reconnaissance permit or prospecting licence or prospecting license-cum-mining lease shall send to the Regional Controller or authorised officer and the State Government, an intimation in Form A of the Schedule about the commencement of reconnaissance or prospecting operations, as the case may be, so as to reach them within a period of fifteen days of such commencement.8. Inspection.
9. Reports to be submitted by holder of a reconnaissance permit or prospecting license or prospecting license cum mining lease or any other authorised agency.
Chapter III
Mining Operations
10. Competent Authority.
11. Mining operations under mining lease.
12. Prospecting and mining operations.
13. Open cast working.
14. Separate stacking of non-saleable minerals.
15. Underground mining operations.
16. Sub-grade minerals to be brought to surface.
17. Prohibition of reduction of blocks.
- All the blocks formed in underground workings shall be regular in size and shape and once a block is formed, it shall not be split or reduced in size until the stage of commencement of stoping:Provided that the Chief Controller of Mines may permit reduction in the size of blocks on an application in writing made by the holder of the mining lease giving reasons for doing the same.18. Beneficiation studies to be carried out.
19. Machinery and plant.
20. Notice for opening of mine.
21. Abandonment of mines.
22. Mine Closure Plan.
23. Submission of progressive mine closure plan.
- The holder of a mining lease shall submit to the competent authority a progressive mine closure plan as a component of the mining plan, at the time of submission, modification and review of the mining plan.24. Submission of final mine closure plan.
25. The modification of mine closure plan.
26. Responsibility of holder of a mining lease.
27. Financial assurance.
28. Notice of temporary discontinuance of work in mines and obligations of lease holders.
29. Intimation of reopening of a mine.
- The holder of a mining lease shall send to the authorised officer, as the case may be, and the State Government an intimation in Form C of the Schedule of reopening of a mine after temporary discontinuance, so as to reach them within fifteen days from the date of such reopening.30. Stoping of vein, etc.
Chapter IV
Plans and Sections
31. General requirements about plans and sections.
32. Types of plans and sections.
33. Copies of plans and sections to be submitted.
- The holder of a mining lease shall, on or before the 30th day of June every year submit to the authorised officer, as the case may be, and the State Government, a digital copy along with a print copy of the surface geological plans and sections maintained under rule 32.34. Preparation of plans.
Chapter V
Sustainable Mining
35. Sustainable mining.
36. Removal and utilisation of top soil.
37. Storage of overburden, waste rock, etc.
38. Precaution against ground vibrations.
- Whenever any damage to public buildings or monuments is apprehended due to their proximity to the mining lease area, the holder of the mining lease shall carry out scientific investigations so as to keep the ground vibrations caused by blasting operations within safe limit.39. Control of surface subsidence.
- Stoping in underground mines shall be so carried out as to keep surface subsidence under control.40. Precaution against air pollution.
- Every holder of prospecting licence or a mining lease shall take all possible measure to keep air pollution due to fines, dust, smoke or gaseous emissions during prospecting, mining, beneficiation or metallurgical operations and related activities within permissible limits.41. Discharge of toxic liquid.
42. Precaution against noise.
- The holder of prospecting licence, prospecting license cum mining lease or a mining lease shall take all possible measure to control or abate noise arising out of prospecting, mining, beneficiation or metallurgical operations at the source so as to keep it within the permissible limits.43. Permissible limits and standards.
- The standards and permissible limits of all pollutants, toxins and noise referred to in rules 40, 41 and 42 shall be such as may be notified by the concerned authorities under the provisions of the relevant laws for the time being in force.44. Restoration of flora.
- Every holder of prospecting licence, prospecting license cum mining lease or a mining lease shall carry out prospecting or mining operations, as the case may be, in accordance with applicable laws and in such a manner so as to cause least damage to the flora of the area held under prospecting licence, prospecting license cum mining lease or mining lease and the nearby areas.Chapter VI
Notices and Returns
45. Monthly and annual returns.
46. Notice of certain appointments.
- The holder of the prospecting licence or prospecting license cum mining lease or the mining lease shall,-47. Notice of shaft sinking and boreholes.
- The holder of a mining lease or the holder of a prospecting licence or prospecting license cum mining lease shall send an intimation in Form I of the Schedule to the authorised officer, as the case may be, within fifteen days after the commencement of any of the following operations, namely:-48. Records of shafts and boreholes.
49. Change in name of mine to be notified.
- The holder of a mining lease shall send a notice in Form C of the Schedule to the State Government and the authorized officer, as the case may be, of any change in the name of the mine within thirty days of such change.50. Notice of transfer of prospecting licence-cum-mining lease or mining lease.
- Every holder of a prospecting licence-cum-mining lease or a mining lease who transfers the mineral concession or any right, title or interest thereof, in accordance with the provisions of the Act or the rules made thereunder, to any other person, shall, within thirty days of the date of such transfer, send an intimation thereof in Form N of the Schedule to the Controller General and the authorised officer, as the case may be.51. Notice of amalgamation of mining lease.
- Without prejudice to the provisions of the Act or any rules made thereunder or the terms and conditions of a mining lease, every holder of a mining lease shall, within thirty days of the date of amalgamation of mining leases carried out under rule 56 of the Minerals (Other than Atomic and Hydro Carbon Energy Minerals) Concession Rules, 2016 or in accordance with rule 33 of the Atomic Minerals Concession Rules, 2016, as the case may be, send an intimation thereof to the Regional Controller and the State Government and the authorised officer, as the case may be.52. Transfer of records to transferees.
- When the ownership of a prospecting license-cum-mining lease or a mining lease is transferred as per provisions of Act or any rules made thereunder, the previous owner or his agent shall make over to the new owner or his agent within a period of seven days of the transfer of the ownership, borehole cores along with records and samples preserved, if any, all plans, sections, reports, registers and other records maintained in pursuance of the Act, rules or orders made thereunder, and all correspondence relevant thereto relating to the prospecting license-cum-mining lease or mining lease; and when the requirements of these rules have been duly complied with, both previous and the new owners or their respective agents shall forthwith send to the State Government and the authorised officer, as the case may be, a detailed list of borehole cores, plans, sections, reports, registers and other records that have been transferred.53. Copies of notices or returns and reports to be submitted to State Government.
- The holder of a mining lease or a holder of a prospecting licence or prospecting license cum mining lease shall simultaneously submit a copy each of the notice or return or report required to be submitted under these rules to the State Government concerned in whose territory the mine or the prospecting area is situated, or to such authority as that Government may specify in this behalf.54. Copies of notices and returns and reports to be maintained.
- The holder of a mining lease or a holder of a prospecting licence or prospecting license cum mining lease shall maintain the labour attendance register, production and dispatch register, royalty assessment register,-Chapter VII
Employment of Geologists and Mining Engineers
55. Employment of geologists and mining engineers.
1. every holder of reconnaissance permit shall employ a whole-time geologist;
2. every holder of prospecting licence or a prospecting license cum mining lease shall employ a whole-time geologist and a part-time mining engineer;
3. every holder of a mining lease shall employ, in case of-
(iii)category 'A' mines, a whole-time mining engineer and a geologist;(iv)category 'B' mines, a part-time mining engineer and a part-time geologist:Provided that in the case of fully mechanised category 'A' mines, the mining engineers and geologists shall have minimum five 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 (1) may be permitted to be employed in lieu of part-time mining engineer.| Geologist : | A postgraduate degree in Geological Science orGeology or Applied Geology or Geo-exploration or MineralExploration granted by a University established or incorporatedby or under a Central Act, or a State Act, in India oreducational Institution established by an Act of Parliament ordeclared to be deemed university under the University GrantsCommission established under section 4 of the University GrantsCommission Act, 1956 (3 of 1956) or any equivalent qualification. |
| Mining Engineer : | A degree in Mining Engineering granted by aUniversity established or incorporated by or under a Central Act,a Provincial Act or a State Act, including any institutionrecognised by the University Grants Commission established undersection 4 of the University Grants Commission Act, 1956 (3 of1956) or any equivalent qualification. |