State of Chattisgarh - Act
Chhattisgarh Minor Mineral Rules, 2015
CHHATTISGARH
India
India
Chhattisgarh Minor Mineral Rules, 2015
Rule CHHATTISGARH-MINOR-MINERAL-RULES-2015 of 2015
- Published on 27 March 2015
- Commenced on 27 March 2015
- [This is the version of this document from 27 March 2015.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement.
2. Definitions.
3. Exemptions.
- Notwithstanding anything contained in these rules,-Chapter II
General Restrictions on Undertaking Prospecting or Mining or Quarrying Operations
4. Prohibition of prospecting or quarrying operation without a prospecting license or quarry lease or quarry permit.
5. Restrictions on the grant of prospecting licence or quarry Lease or quarry permit.
6. No quarry lease shall be granted without the satisfaction of the competent authority.
- No quarry lease for minor minerals shall be granted by the State Government or any other State Authority, notified by the State Government, unless it is satisfied that,-7. Application for grant of prospecting licence.
0853. Non ferrous Mining and Metallurgical Industry
{102} Mineral concession fees, rent and royalties.8. Receipt of application.
- Every application under sub-rule (1) of rule 7 shall be acknowledged in Form-III on the date of its receipt.9. Disposal of application for grant of prospecting licence.
10. Preferential rights for grant of prospecting licence for minerals specified in Schedule-1 and Part-A of Schedule-II.
11. Period for which prospecting licence may be granted.
12. Area restriction on grant of prospecting licence.
13. Security Deposit.
- The Licensee shall, before the deed referred to in rule 14 is executed, deposit as security a sum of rupees ten thousand for first five hectares, or part thereof and thereafter rupees two thousand for every additional hectare, or part thereof, in the form of National Saving Certificate or a Fixed Deposit Receipt of a Nationalised Bank/Scheduled Bank duly pledged in favour of the Collector of the concerned District.14. Prospecting licence to be executed within sixty days.
15. Register of prospecting licence to be maintained.
16. Conditions of prospecting licence.
- Every Prospecting Licence granted under these rules, in addition to other conditions that may be specified therein, shall be subject to the following conditions, namely :-17. Duties of the Licensee.
- During subsistence of the licence, the Licensee shall,-18. Cancellation of licence.
- In the case of non-compliance of these rules or breach of any condition imposed on any holder of a Prospecting Licence, the Sanctioning Authority may, by order in writing, cancel the licence and/or forfeit full or part of the security deposited by the Licensee under rule 13 :Provided that no such order shall be made without giving the Licensee a fifteen day notice in writing and an opportunity of being heard.19. Availability of certain areas.
- No application for Prospecting Licence of minerals in Schedule-I and Part-A of Schedule-II shall lie for areas previously held or which are being held under a Quarry Lease or the area reserved for exploration/ prospecting by Directorate of Geology, and Mining or Geological Survey of India or any other government organisation, unless the availability of the area for grant is notified in the Official Gazette atleast thirty days in advance :Provided that the State Government by recording reasons in writing may relax the provisions of this Rule for any special case.Chapter IV
Power to grant Prospecting Licence, Quarry Leases, and Quarry Permits
20. Grant of prospecting licence.
- Prospecting Licence in respect of minerals specified in Schedule-I and Part-A of Schedule-II, shall be granted by the authority mentioned in column (2) for the minerals specified in column (3), subject to the extent as specified in the corresponding entry in column (4) thereof, of the table below,-Table| S. No. | Authority | Minerals | Extent of Power |
| (1) | (2) | (3) | (4) |
| 1. | The State Government | Minerals specified in Part-A and Part-B ofSchedule-I. | Full powers. |
| 2. | Director | Minerals specified in Part-C of Schedule-I andPart-A of Schedule-II. | Where the area applied for is more than tenhectares. |
| 3. | Collector | Minerals specified in Part-C of Schedule-1 andPart-A of Schedule-II. | Where the area applied for is up to tenhectares. |
21. Grant of quarry lease.
- Quarry Lease in respect of minerals specified in Schedule-I and Part-A of Schedule-II, shall be granted and renewed by the authority mentioned in column (2) for the minerals specified in column (3), subject to the extent as specified in the corresponding entry in column (4) thereof, of the table below,-Table| S. No. | Authority | Minerals | Extent of Power |
| (1) | (2) | (3) | (4) |
| 1. | The State Government | Minerals specified in Part-A and Part-B ofSchedule-I. | Full powers. |
| 2. | Director | Minerals specified in Part-C of Schedule-I andPart-A of Schedule-II. | Where the area applied for is more than tenhectares. |
| 3. | Collector | Minerals specified in Part-C of Schedule-I andPart-A of Schedule-II. | Where the area applied for is up to tenhectares. |
22. Pending applications in relation to new minor minerals declared by the Government of India.
- In relation to any mineral from minor minerals declared by notification dated 10th February, 2015 of Government of India, only on submission of amended application within sixty days from the date of enforcement of these rules shall be considered in accordance with these rules, in matters of pending applications of Mining Lease or Prospecting License submitted under sub-section (2) of Section 10A of the Act.Chapter V
Grant of quarry lease in respect of minerals specified in Schedule-I and Part-A of Schedule-II
23. Application for Quarry Lease.
- An application for the grant or renewal of a Quarry Lease shall be made in Form-IX in triplicate, for the minerals specified in Schedule-I and in Part-A of Schedule-II. The application shall be affixed with a court fee stamp of the value of rupees five and shall contain the following particulars together with documents in support of the statement made therein, namely :-24. Quarrying operation for minor minerals to be in accordance with quarry plan.
25. Quarry Plan to be prepared by recognized qualified persons (RQP).
26. Approval of Quarry Plan.
27. Power to approve Quarry Plan.
- The Quarry Plan shall be approved by any officer authorized by the Director for this purpose through a notification.28. Grant of recognition by Director.
29. Financial assurance.
30. Area restriction on grant of Quarry Lease.
31. Application Fee.
| S. No. | Area Applied | Fee |
| (1) | (2) | (3) |
| (i) | up to Five hectare | Rupees Five Thousand |
| (ii) | more than Five hectare | Rupees Ten Thousand |
0853. Non ferrous Mining and Metallurgical Industry
{102} Mineral concession fees, rent and royalties32. Officer authorised to receive applications.
- The Deputy Director or Mining Officer or Assistant Mining Officer or in their absence any officer authorised by the Collector of the district shall receive the applications for grant or renewal of Quarry Lease for Minor Minerals and shall enter on it the date and time on which the application was received by him.33. Availability of certain areas.
- No application for Quarry Lease of minerals, mentioned in Schedule-I and Part-A of Schedule-II, shall lie for areas previously held or which are being held under a Mining/Quarry Lease or in respect of which the order had been made for the grant thereof, but due to any reason lease deed is not executed and in respect of which the order granting lease has been revoked or in respect of which an application for Quarry Lease has been rejected on the ground that the area should be reserved for any purpose, unless the date from which the area shall be available for grant is notified in the Official Gazette at least thirty days in advance :Provided that the State Government may for reasons to be recorded in writing relax the provisions of this rule in a special case.34. Reservation of areas for exploitation in the public sector, etc.
- The State Government may, by notification in the Official Gazette, reserve any area for conservation, protection of environment, assessment of reserve by the State Government or for exploitation by the Government Corporation established by the Central or the State Government or a Government Company within the meaning of sub-section (45) of Section 2 of the Companies Act, 2013 (No. 18 of 2013).35. Acknowledgement of application.
36. Register of application for Quarry Lease.
- A register of applications for Quarry Lease shall be maintained by the Mining Officer or Assistant Mining Officer of the district in Form-XI.37. Premature applications.
38. Renewal of Quarry Lease.
39. Disposal of applications for the grant or renewal of Quarry Lease.
40. Reasons for refusal to be recorded.
41. Register of Quarry Leases.
42. Preferential Rights.
43. Period of Quarry Lease.
| S. No. | Name of the Minerals | Period |
| (1) | (2) | (3) |
| 1. | Minerals specified in Part-A of Schedule-I | As prescribed in the Granite Conservation andDevelopment Rules, 1999 and Marble Development and ConservationRules, 2002, respectively. |
| 2. | Minerals specified in Part-B and Part-C ofSchedule-I and in Part-A of Schedule- II. | Ten years with a renewal clause, or lesserperiod subject to the availability of mineral resource. However,the minimum period shall not be less than 5 years. |
44. Aggregate holding area of limestone (minor mineral), marble and flag stone.
- No lessee shall ordinarily hold in aggregate more than fifty hectares area of Limestone (Minor Mineral), Marble and Flag stone in the State.Explanation. - The above limit shall ordinarily be applicable in renewal cases also.45. Boundaries below the Surface.
- The boundaries of the area covered by a Quarry Lease shall be vertically downward below the surface towards the centre of the Earth.46. Security deposit and surety.
8443. - Civil Deposit
101. - Revenue Receipt (Refundable)
47. Lease to be executed within ninety days.
48. Survey of the area leased.
| S. No. | Area | Rates of fees |
| (1) | (2) | (3) |
| (a) | Area not exceeding 20 hectares | Rupees five hundred per hectare or part thereofsubject to a minimum of rupees one thousand. |
| (b) | Area exceeding 20 hectares | Rupees one thousand per hectare or part thereof. |