Section 11 in The Mineral Conservation and Development Rules, 2017
11. Mining operations under mining lease.
(1)No holder of a mining lease shall commence or carry out mining operations in any area except in accordance with the mining plan approved, modified or reviewed by the Indian Bureau of Mines or prepared and certified in accordance with the system established by the State Government pursuant to the proviso to clause (b) of sub-section (2) of section 5 or approved by the competent authority of the Atomic Minerals Directorate for Exploration and Research, in respect of minerals specified in Part B of the First Schedule to the Act where the grade of such atomic minerals is equal to or above the threshold value limits declared under Schedule-A of the Atomic Minerals Concession Rules, 2016.(2)If the mining operations are not carried out in accordance with the approved or certified 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 competent authority 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 or certified mining plan or modified mining plan, for the purpose of restoration to the extent possible:Provided that the lessee shall be informed in writing about the violation and if the violation is not rectified within a period of forty-five days, a show cause notice shall be issued 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 shall be suspended:Provided further that the competent authority may revoke the suspension after compliance by rectifying the violation pointed out in this regard.(3)Every approved mining plan shall be subjected to review and updation in every five years as per provision of sub-rule (1) of rule 17 of the Minerals (Other than Atomic and Hydro Carbon Energy Minerals) Concession Rules, 2016:Provided that the review and updation of the approved mining plan every five years shall be as per the norms as specified by the Atomic Minerals Directorate for Exploration and Research, in respect of minerals specified in Part B of the First Schedule to the Act, where the grade of such atomic minerals is below the threshold value limits declared under Schedule-A of the Atomic Minerals Concession Rules, 2016.(4)The holder of a mining lease shall submit the mining plan to the competent authority for review at least one hundred and eighty days before the expiry of five years period for which it was approved on the last occasion, for mining operations for a period of five subsequent years.
