Section 34 in The U.P. Minor Minerals (Concession) Rules, 1963
34. [ Mining operations to commence within six months. [Substituted by Notification No. 1868/LXXXVI-2019-57(Sa)/2017, dated 13.08.2019.]
(1)The Selected Applicant before the execution of mining lease deed under the provision of Chapter II, IV and IX or issuing a mining permit under Chapter VI of these rules, shall get prepared a mining plan by the person, recognised and registered by the Director, having the qualification and experience namely-(i)a degree in Mining Engineering or postgraduate degree in Geology granted by university established or incorporated by or under Central Act or a Provincial Act or a State Act, including any institution recognised by the University Grants Commission established under Section 4 of the University Grants Commission Act, 1956; and(ii)professional Experience of 5 years of working in a Supervisory Capacity in the 3-field of mining after obtaining the degree.(2)The Selected applicant shall, within one month of issuance of letter of intent, submit the mining plan for approval to the Officer authorised by notification in this behalf by the State Government, who may within thirty days from the date of receipt of mining plan approve, modify or reject it positively. The project proponent shall, within one month of approval of mining plan, submit the application for grant of Environment Clearance to the competent authority.(3)The mining plan once approved shall be valid for entire duration of the mining lease/permit or for five years whichever is earlier. If the lease period is more than five years, then in that case the lease-holder will resubmit mining plan before the Officer authorised by notification in this behalf by the State Government.(4)Mining operations shall in respet of all minor mineral be undertaken in accordance with the mining plan, detailing yearly development scheme, aspect of reclamation and rehabilitation of mined out areas including progressive mine closure scheme duly approved by the Officer authorised by notification in this behalf by the State Government:Provided that the lessee shall start the mining operation after obtaining environmental clearance if required under the provisions of Environment Impact Assessment Notification, dated September 14, 2006 issued by the Ministry of Environment, Forest and climate change, Government of India as amended from time to time. During the process of grant of Environment clearance, the proponent shall be bound to complete all desired formalities to resolve the objections raised by the competent authority within the required time frame:Provided further that an application seeking prior environmental clearance in all cases shall be made by the project proponent or end-user agency as the case may be, in as provided in Paragraph 6 of the Environment Impact Assessment Notification, dated September 14, 2006 as Amended from time to time.(5)The mining lease deed will be executed only after approval of mining plan by the Officer authorised by notification in this behalf by the State Government and within one month from the date of issuance of environment clearance certificate in favour of the proponent. Mining operation shall commence, immediately for the lessee of river bed mineral within 3 (three) months from the date of the execution of the lease deed by the lessee of other minor minerals and the lessee shall thereafter conduct such operations without deliberate intermission in a proper, skillful in workman like manner.(6)Financial assurance has to be furnished by every lease-holder. The amount of financial assurance shall be Rupees Twenty five thousand for insitu-rock deposit and Rupees Fifteen thousand for sand or morrum or bajari or boulder or any of these in mixed state exclusively found in the river bed mines per acres of the mining lease area put to use for mining and allied activities. However, the minimum amount of financial assurance to be furnished in any of the forms referred to in sub-rule (7) shall be Rupees Two lakhs for each category of mines be respective of area.Provided that a lease-holder shall be required to enhance the amount of financial assurance with the increase in the area of mining and allied activities:Provided further that where a leaseholder undertakes reclamation and rehabilitation measures as part of the progressive closure of mine, the amount so spent shall be reckoned as sum of the financial assurance already spent by the leaseholder and the total amount of financial assurance, to be furnished by the lessee, shall be reduced to that extent.(7)The financial assurance shall be submitted by the lessee before the execution of lease deed in one of the following forms to the District Officer or the officer authorised by the State Government in this behalf, as the case may be, or any amendment to it.(a)Letter of Credit from any Scheduled Bank;(b)Performance or surety bond;(c)Any other form of security or any other guarantees acceptable to the competent authority.(8)Release of financial assurance shall be effective upon the notice given by the lessee for the satisfactory compliance of the provisions contained in the mine closure scheme and certified by the District officer or the Officer authorised by the State Government in this behalf, as the case may be.(9)If the District Officer or the Officer authorised by the State Government in this behalf, has reasonable grounds for believing that the protective, reclamation and rehabilitation measures as envisaged in the approved mine closure scheme as given in mining plan in respect of which financial assurance was given has not been or will not be carried out in accordance with the mine closure scheme either fully or partially, the District Officer or the Officer authorised by the State Government in this behalf shall give the lessee a written notice of his intention to issue the orders for forfeiting the sum assured at least thirty days prior to the date of the order to be issued.(10)Within the thirty days of the receipt of notice referred in sub-rule (9), if no satisfactory reply has been received in writing from the lessee, the District Officer or the Officer authorised by the State Government in this behalf, as the case may be, shall pass an order for forfeiting the surety amount and a copy of such order shall be endorsed to the State Government.(11)Upon the issuance or order by the District Officer or the officer authorised by the State Government in this behalf, the State Government may realise any letter of credit or bond or any other surety, guarantee provided or obtained as financial assurance for the purpose of performance of protective reclamation, rehabilitation measures and shall carry out those measures, or appoint an agent to do so.Explanation. - for the purpose of this rule mining operations shall include the erection of machinery, use of machine laying of a tramway or construction of road in connection with the working of the mines.].
