Section 35 in Gujarat Minor Mineral Concession Rules, 2017
35. Mining Plan.
(1)No mining operations shall be undertaken except in accordance with the mining plan which has been approved by the Government in terms of rules 35, 35, 36 and 37:Provided that in cases which are exempt from the requirement of procuring an environmental clearance under the Environment Impact Assessment Notification, 2006, issued by the Ministry of Environment and Forests, no mining plan shall be required.(2)The mining plan shall incorporate:-(a)the plan of the mineral concession area showing the nature and extent of the mineral body, spot or spots where the mining operations are proposed to be based on the prospecting data provided by the Government or gathered by the bidder or any other person;(b)details of the geology and lithology of the area including mineral resource and reserves of the area;(c)the extent of manual mining or mining by the use of machinery and mechanical devices;(d)the plan of the area showing natural water courses, limits of reserves 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 of restoration of the area by afforestation, land reclamation, use of pollution control devices and such other measures as may be directed by the Government in writing from time to time;(e)a tentative scheme of mining and annual programme and plan for excavation from year to year for five years;(f)a progressive mine closure plan as defined under these rules, if applicable;(g)tentative estimate about accretion of mine waste and its manner and its manner and mode of disposal and confinement;(h)manner of mineral processing and mineral up-gradation including mode of tailing disposal;(i)pre-feasibility report prepared in accordance with the Environment Impact Assessment Notification, 2006,; and(j)any other information which the Government may require the bidder to provide in the mining plan.(3)The mining plan shall be made in accordance with a manual/guidelines, as may be specified by the Government, in that regard:Provided that the Government may revise or update, every five years or earlier if required, the formats of the mining plan and the mine closure plan prescribed by it:Provided further that in case of mining of granite or marble, the mining plan shall conform to Granite Conservation and Development Rules 1999 or the Marble Development and Conservation Rules 2002, respectively.(4)The Government may impose such conditions as it considers necessary by an order in writing if such modification or imposition of conditions are considered necessary in the light of the experience of operation of mining plan or in view of the change in the technological development.(5)If the mining operations are not carried out in accordance with the approved mining plan or any information contained in the mining plan is found to be incorrect, misleading or non-compliant with applicable laws including these rules, the Government may by order, suspend all or any of the mining operations and permit continuance of only such operations as are required to restore the conditions in the mine as envisaged under the approved mining plan or modified mining plan, for the purpose of restoration to the extent possible:Provided that the mineral concession holder should be informed in writing about the violation and if the violation is not rectified within a period of forty five days thereof, a show cause notice should be given asking reasons why the mining operations should not be suspended and, further, if no satisfactory reply is received within a period of thirty days, the mining operations can be suspended:Provided further that the competent authority may revoke the suspension after the mineral concession holder rectifies the violation intimated in this regard.
