Section 29 in Rajasthan Minor Mineral Concession Rules, 2017
29. Mine plan and mine closure plan.
(1)No quarry licence having area more than one hectare and mining lease shall be granted unless there is a mining plan duly approved by the competent authority.(2)No quarry licence having area one hectare or less or short term permit of an area up to one hectare shall be granted unless there is a simplified mining scheme duly approved by the Mining Engineer or Assistant Mining Engineer concerned.(3)Mining plan or simplified mining scheme shall be prepared by a person who holds a degree in mining engineering or a post-graduate 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 institutions recognised by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification granted by any University or institution outside India and have a professional experience of two years of working in a supervisory capacity in the field of mining after obtaining a degree or three years full time diploma certificate in mining engineering awarded by the State Technical Education Boards and have a professional experience of five years of working in a supervisory capacity in the field of mining after obtaining diploma.(4)A person who prepares a mining plan or simplified mining scheme may also carry out modification of the existing mining plan or scheme.(5)An applicant or holder of mining lease or quarry licence shall submit to the competent authority a mining plan or simplified mining scheme, as the case may be, along with a non-refundable fee of rupees five thousand within a period of three months from the date on which such communication is received or such other period as may be allowed by the competent authority for approval. The said mining plan or simplified mining scheme shall incorporate, -(i)the plan of the precise area showing the nature and extent of the mineral deposit, spot or spots where the excavation is to be done in the first year and its extent, a detailed cross-section and detailed plan of spots of excavation based on the prospecting data gathered by the applicant and a tentative scheme of mining for the first five years of the lease, licence or short term permit;(ii)details of the geology and lithology of the precise area including mineral reserves of the area;(iii)the extent of manual mining or mining by the use of machinery and mechanical devices on the precise area;(iv)the plan of the precise area showing natural water courses, limits of reserved and other forest areas and density of trees, if any, assessment of impact of mining activity on forest, land surface and environment including air and water pollution, details of scheme for restoration of the area by afforestation, land reclamation, use of pollution control devices and of such other measures as may be directed by the Government, from time to time;(v)annual programme and plan for excavation on the precise area from year to year for five years;(vi)progressive mine closure plan, if the mining plan is for the area exceeding one hectare; and(vii)any other matter which the Director or any officer so authorised may require the applicant to provide in the mining plan or simplified mining scheme.(6)The competent authority shall convey his approval or refusal of the mining plan or simplified mining scheme within ninety days from the date of its receipt:Provided that where approval or refusal of the scheme of mining is not conveyed within the stipulated period, the mining plan or simplified mining scheme shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated.(7)The competent authority may require the holder of a mining lease or quarry licence or short term permit to make such modifications in the mining plan or simplified mining scheme or impose such conditions as it may considers necessary by an order in writing if such modifications or imposition of conditions are considered necessary.(8)A holder of a mining lease or quarry licence, desirous of seeking modifications in the approved mining plan or simplified mining scheme as are considered expedient, in the interest of safe and scientific mining, conservation of mineral, or for the protection of environment, shall apply along with a non-refundable fee of rupees two thousand to the competent authority, setting forth the intended modifications and explaining the reasons for the same. The competent authority may approve the modifications or approve with such alterations as it may consider expedient.(9)Where the holder of mining lease or quarry licence has not submitted approved mining plan or simplified mining scheme at the time of commencement of these rules, shall submit the same within a period of three months from the date of commencement of these rules, to the Mining Engineer or Assistant Mining Engineer concerned along with a penalty of rupees ten thousand:Provided that where a holder of a lease or licence has not been able to submit the approved mining plan or simplified mining scheme within the time specified above, for reasons beyond his control, he may apply for extension of time stating the reasons of delay. The Mining Engineer or Assistant Mining Engineer concerned may allow the time to extend subject to payment of penalty at the rate of ten percent of dead rent or annual licence fee, as the case may be, per month of delay or part thereof.(10)Every approved mining plan or simplified mining scheme shall be valid for the entire duration of the lease or licence. The lessee or licencee shall review the approved mining plan or scheme and submit a approved scheme of mining for the next five years of the lease or licence to the Mining Engineer or Assistant Mining Engineer concerned.(11)The approved scheme of mining shall be submitted to the Mining Engineer or Assistant Mining Engineer concerned before the expiry of the five year's period:Provided that the mining operations by the lessee or licencee shall not be carried out or allowed to be carried out till the submission of approved scheme of mining.(12)The lessee or licencee shall carry out mining operations in accordance with the approved mining plan or simplified mining scheme:Provided that where mining operations are not carried out in accordance with the mining plan or simplified mining scheme, the Mining Engineer or Assistant Mining Engineer concerned with prior approval of Superintending Mining Engineer may pass an order for suspension of all or any of the mining operations and permit continuance of only such operations as may be necessary to restore the conditions in the mine as envisaged under the said mining plan or simplified mining scheme.(13)Every mining lease or quarry licence shall have approved mine closure plan as a component of the approved mine plan or simplified mining scheme which shall be of two types, -(i)a progressive mine closure plan; and(ii)a final mine closure plan.(14)Every lease or licence holder shall provide a financial assurance as a guarantee that the protective, reclamation and rehabilitation measures as envisaged in the mine closure plan will be carried out. For mining leases and quarry licences having area more than 0.3 hectare, the amount of financial assurance shall be rupees fifteen thousand per hectare or part thereof for the area put to use for mining and allied activities and quarry licences having area less than 0.3 hectare, the amount of financial assurance shall be rupees five thousand. The amount shall be enhanced with the increase in the area of mining and allied activities:Provided that the amount of financial assurance shall not be more than rupees thirty lacs.(15)The financial assurance shall be submitted in the form of fixed deposit receipt from any nationalize bank or scheduled bank, duly pledged in favour of the Mining Engineer or Assistant Mining Engineer concerned or bank guarantee from any nationalize bank or scheduled bank in favour of the Mining Engineer or Assistant Mining Engineer concerned.(16)The financial assurance shall be submitted prior to execution of the lease deed or sanction of licence to the Mining Engineer or Assistant Mining Engineer concerned. Where, lessee or licencee has not submitted financial assurance, the same shall be submitted within three months from the date of commencement of these rules with a penalty of rupees five thousand.(17)The financial assurance shall be released on an application given by the lessee or licencee subject to condition that he has satisfactorily complied with the provisions of the closure plan and same shall be verified by the Mining Engineer or Assistant Mining Engineer concerned.(18)Where the Mining Engineer or Assistant Mining Engineer concerned has reasonable grounds for believing that the protective, reclamation and rehabilitation measures as envisaged in the mine closure plan in respect of which financial assurance was given has not been carried out in accordance with the mine closure plan, either fully or partially, shall forfeit the amount of financial assurance along with interest accrued thereon and same shall be deposited in District Mineral Foundation Trust:Provided that no such action shall be taken without giving an opportunity of being heard to lessee or licencee concerned.(19)Working in mining lease, quarry licence or short term permit shall be performed by formation of benches. Such benches in mineral and overburden including weathered mineral shall be formed separately and the benches in overburden or weathered mineral shall be kept sufficiently in advance so that their working does not interfere with the working of mineral.(20)In order to ensure optimum production with minimum waste generation, every lease, licence or short term permit holder shall endeavour to deploy machinery and equipment as per mining plan or simplified mining scheme.(21)The non-saleable mineral at quarry or mine bottom shall regularly be collected and transported to the surface and staked separately. The quarry or mine floor shall be kept reasonably clear from debris. Small lumps of mineral shall, as far as possible, be segregated from the dumps and stacked separately for future use.(22)The ground selected for dumping of top soil, overburden, waste material or non-saleable mineral shall be away from workings of quarry or mine.(23)Before starting mining or quarrying operations, conceptual ultimate limits of the quarry or mine shall be determined and dumping ground shall be so selected that dumping is not carried out within the limits of the ultimate size of the quarry or mine except where simultaneous back filling is proposed.
