Union of India - Act
The Mineral Conservation And Development Rules, 1988
UNION OF INDIA
India
India
The Mineral Conservation And Development Rules, 1988
Rule THE-MINERAL-CONSERVATION-AND-DEVELOPMENT-RULES-1988 of 1988
- Published on 24 October 1988
- Commenced on 24 October 1988
- [This is the version of this document from 24 October 1988.]
- [Note: The original publication document is not available and this content could not be verified.]
16.
/749G.S.R. 1023(E), dated 24th October, 1988. - In exercise of the powers conferred by section 18 of the [Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957)] [ Nomenclature amended by Section 3 of the Mines and Minerals (Regulation and Development) Amendment Act, 1999 (38 of 1999), now it stands as the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957).], the Central Government hereby makes the following rules for conservation and Development of Minerals, namely:-Chapter I
Preliminary
1. Short title and commencement.
2. Application.
- These rules shall apply to all minerals except-3. Definitions.
- In these rules, unless the context otherwise requires,-3.
-A. Scheme of reconnaissance.- Every holder of a reconnaissance permit shall submit to the Controller General and the Regional Controller or the authorised officer within a period of sixty days from the date of execution of the reconnaissance permit, a scheme of reconnaissance operations indicating the manner in which he proposes to carry out reconnaissance operations in the area covered by the permit and in particular-3.
-B. Modification of scheme of reconnaissance.3.
-C. Reconnaissance operations to be carried out in accordance with the scheme of reconnaissance.- Every holder of the reconnaissance permit shall carry out the reconnaissance operations in accordance with the scheme of reconnaissance submitted under rule 3-A or with such modifications, if any, as intimated under rule 3-B, or as directed by the Controller General or Regional Controller or the authorised officer.3.
-D. Intimation about reconnaissance operations.- Every holder of a reconnaissance permit shall send to the Controller General, Controller of Mines and the Regional Controller, an intimation in Form AA of the commencement of reconnaissance operations so as to reach them within a period of fifteen days of such commencement.3.
-E. Submission of reports about reconnaissance operations.- Every holder of a reconnaissance permit shall send to the Controller General, Controller of Mines and the Regional Controller any yearly report in Form BB alongwith all the aerial photo geological, geophysical, geochemical and such other data collected by him as per the conditions stipulated in the reconnaissance permit so as to reach them within thirty days after expiry of every year from the date of execution of the reconnaissance permit or the expiry of the reconnaissance permit or the abandonment of the reconnaissance permit or termination of reconnaissance permit, whichever is earlier.Chapter II
Prospecting Operations
4. Scheme of prospecting.
5. Modification of scheme of prospecting.
6. Prospecting operation to be carried out in accordance with scheme of prospecting.
- Every holder of a prospecting license shall carry out the prospecting operations in accordance with the scheme of prospecting submitted under rule 4 or with such modifications, if any, as intimated under rule 5 or as directed by the Controller General or the authorised officer.7. Intimation about prospecting operations.
- Every holder of a prospecting license shall send to the Controller General, Controller of Mines and the Regional Controller, an intimation in Form A of the commencement of prospecting operations so as to reach them within a period of fifteen days of such commencement.8. Report of prospecting operations.
Chapter III
Mining Operations
9. Mining plan.
10. Modification of mining plan.
11. Mining plan to be submitted by the existing lessee.
12. Review of mining plan.
- [* * *] [Omitted by G.S.R. 55(E), dated 17th January, 2000.]13. Mining operations to be in accordance with mining plans.
14. Prospecting and mining operations.
- The prospecting and mining operations shall be carried out in such a manner so as to ensure systematic development of mineral deposits, conservation of minerals and protection of environment.15. Open-cast working.
16. Separate stacking of non-saleable minerals.
17. Underground mining operations.
18. Sub-grade minerals to be brought to surface.
19. Prohibition of reduction of blocks.
- All the blocks formed in underground workings shall be regular in size and shape. Once a block is formed it shall not be split or reduced in size until the stage of commencement of stopping:Provided that the Chief Controller of Mines may permit reduction in the size of blocks on an application in writing made by the owner, agent, mining engineer or manager giving reasons for doing the same.20. Beneficiation studies to be carried out.
21. Machinery and plant.
22. Notice for opening of a mine.
23. Abandonment of mines.
23.
-B. Submission of progressive mine closure plan.23.
-C. Submission of final mine closure plan.23.
-D. The modification of mine closure plan.23.
-E. Responsibility of the holder of mining lease.23.
-F. Financial assurance.24. [ Notice of temporary discontinuance of work in mines and obligations of the lease holders. [Substituted by G.S.R. 330(E), dated 10.4.2003 (w.e.f. 10.4.2003).]
25. Intimation of reopening of a mine.
- The owner, agent, mining engineer or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller an intimation in [Form C] [ Substituted by G.S.R. 580(E), dated 4.8.1995.] of reopening of a mine after temporary discontinuance, so as to reach them within fifteen days from the date of such reopening.26. Stopping of vein, etc.
Chapter IV
Plans And Sections
27. General requirements about plans and sections.
28. Types of plans and sections.
29. Copies of plans and sections to be submitted.
- The owner, agent mining engineer or manager of every mine shall, [on or before the 30th day of June] [ Substituted by G.S.R. 22(E), dated 11.1.2002 (w.e.f. 11.1.2002).] every year submit to the Controller General, Controller of Mines and the Regional Controller a copy of the plans and sections maintained under rule 28.30. Preparation of plans.
Chapter V
Environment
31. Protection of environment.
- Every holder of a prospecting license or a mining lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining, beneficiation or metallurgical operations in the area.32. [ Removal and utilisation of top soil. [ Substituted by G.S.R. 227(E), dated 22.4.1991 (w.e.f. 22.4.1991).]
33. Storage of overburden, waste rock, etc.
34. Reclamation and rehabilitation of lands.
- Every holder of prospecting license or mining lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by prospecting or mining operations and shall complete this work before the conclusion of such operations and the abandonment of prospect or mine.35. Precaution against ground vibrations.
- Whenever any damage to public buildings or monuments is apprehended due to their proximity to the mining lease area, scientific investigations shall be carried out by the holder of mining lease so as to keep the ground vibrations caused by blasting operations within safe limit.36. Control of surface subsidence.
- Stopping in underground mines shall be so carried out as to keep surface subsidence under control.37. Precaution against air pollution.
- Air pollution due to fines, dust, smoke or gaseous emissions during prospecting, mining, beneficiation or metallurgical operations and related activities shall be controlled and kept within "permissible limits" specified under various environmental laws of the country including the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the Environment (Protection) Act, 1986 (29 of 1986) by the holder of prospecting license or a mining lease.38. Discharge of toxic liquid.
- Every holder of prospecting license or a mining lease shall take all possible precautions to prevent or reduce the discharge of toxic and objectionable liquid effluents from mine, workshop, beneficiation or metallurgical plants, tailing ponds, into surface water bodies, ground water aquifer and usable lands, to a minimum. These effluents shall be suitably treated, if required, to conform to the standards laid down in this regard.39. Precaution against noise.
- Noise arising out of prospecting, mining beneficiation or metallurgical operations shall be abated or controlled by the holder of prospecting license or a mining lease at the source so as to keep it within the permissible limit.40. Permissible limits and standards.
- The standards and permissible limits of all pollutants, toxins and noise referred to in rules 37, 38 and 39 shall be those notified by the concerned authorities under the provisions of the relevant statutes from time to time.41. Restoration of flora.
Chapter VI
Employment Of Qualified Persons
[42. Employment of geologists and mining engineer| Qualifications | Experience | Category of Mines |
| (1) | (2) | (3) |
| (i) Diploma in Mining or Postgraduate Degree inGeology with First Class Matelliferrous Mine Manager'sCertificate | Nil | Category 'B' Mines |
| (ii) Holder of First Class Metalliferrous MineManager's Certificate | Two years experience Category after obtainingthe Certificate | Category 'B' Mines |
| (iii) Diploma in Mining or Postgraduate Degreein Geology or equivalent | 3 years experience in supervisory Categorycapacity in Mines | Category 'B' Mines |
| (iv) Graduate in Geology or holder of SecondClass Metalliferrous Mine Manager's Certificate | 5 years experience after graduation or one yearexperience after obtaining the Certificate | Category 'B' Mines |
| (v) Secondary School Leaving Certificate withMines Foreman's Certificate | 5 years experience as a Mine Foreman/Mate | All open cast mines of Category 'B' |
| 42. Employment of geologist and mining engineer.(1) For the purpose of carrying out prospecting and mining operations in accordance with these rules-(a) every holder of a prospecting license shall employ a part-time or whole-time geologist or mining engineer; and(b) every holder of a mining lease shall employ-(i) [ in case of the following category "A" mines, a whole-time mining engineer, namely:- [ Substituted by G.S.R. 744(E), dated 25.9.2000 (w.e.f. 25.9.2000).](a) fully mechanised category "A" mines which shall be such mines where the work is being carried out by deployment of heavy mining machinery for deep hole drilling, excavation, loading and transport, and(b) other than fully mechanised category "A" mines which shall be such mines where the number of average employment exceeds one hundred and fifty in all or seventy-five in workings below ground, or a mine where any of the mining operations like deep hole drilling, excavation, loading and transport is carried out with the help of heavy machinery]:Provided that if any doubt arises as to whether any mine is a category "A" mine, it shall be referred to the Controller General for decisions;(ii) in the case of any other mine, referred to as category "B" mine, either a part-time mining engineer or a full time person permitted to be employed in terms of the provisions of sub-rule (6).Explanation.-The expression "average employment" means the average per day of the total employment of the mine during the preceding quarter (obtained by dividing the number of man days worked by the number of working days).(2) The part-time geologist or mining engineer may be employed upto a maximum of six prospects or mines, provided that all such prospects or mines are located within a radius of 50 kilometres.(3) The Controller General may, if he considers necessary on geological considerations, require the holder of a mining lease to also employ a part-time or whole-time geologist.(4) If the holder of a prospecting license or mining lease is a geologist or mining engineer, he may appoint himself as the geologist or mining engineer for the purpose of sub-rule (1).(5) A mining engineer or geologist employed by the holder of a prospecting license or mining lease shall possess the qualifications specified below:{| | |
| Geologist | 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 Ac, including any institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification. |
| Mining Engineer | A degree in Mining Engineering granted by a University established or incorporated by or under a Central Act, a Provincial Act, or a State act, including any institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification. |
| Qualifications | Experience | Category of mines |
| (1) | (2) | (3) |
| (i)Diploma in Mining or Post graduate degree in Geology with First Class Metalliferrous Mine Manager's Certificate | Nil | All Category "B" Mines |
| (ii)Holder of First Class Metalliferrous Mine Manager's Certificate | Two years experience after obtaining the certificate | All Category "B" Mines |
| (iii)Diploma in Mining or Post-graduate degree in Geology or equivalent | 3 years experience in supervisory capacity in mine | All Category "B" Mines |
| (iv)Graduate in Geology or holder of Second Class Metalliferrous Mine Manager's Certificate | 5 years experience after graduation or one year's experience after obtaining the certificate | All category "B" Mines |
| (v)Secondary School Leaving Certificate with Mines Foreman's Certificate | 5 years experience as a Mines Foreman/Mate | All open cast mines of Category "B"] |