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Union of India - Section

Section 11 in The Mineral Conservation And Development Rules, 1988

11. Mining plan to be submitted by the existing lessee.

(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, [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] [ Substituted by G.S.R. 55(E), dated 17.1.2000 (w.e.f. 18.1.2000).].
(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:-
(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;
(d)[ to the officer authorised in this behalf by the State Government in respect of mining plan approved by the State Government.] [ Inserted by G.S.R. 55(E), dated 17.1.2000 (w.e.f. 18.1.2000).]
(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.] [Substituted by G.S.R. 55(E), dated 17.1.2000 (w.e.f. 18.1.2000).]
(4)The Regional Controller [or the officer authorised in this behalf by the State Government, as the case may be,] [Inserted by G.S.R. 55(E), dated 17.1.2000 (w.e.f. 18.1.2000).] may approve the plan as submitted by the lessee under sub-rule (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 [* * *] [ Certain words omitted by G.S.R. 55(E), dated 17.1.2000 (w.e.f. 18.1.2000).] approval.
(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 for 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.] [Subsituted by G.S.R. 55(E), dated 17.1.2000 (w.e.f. 18.1.2000).]
(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.