.-(1) An application for the grant of a mining lease in respect of land in which the minerals vest in the Government shall be made to the State Government in Form I through such officer or authority as the State Government may specify in this behalf.[* * *] [ Sub-Rule (2) omitted by G.S.R. 703, dated 30.3.1968.](3)(i)Every application for the grant or renewal of a mining lease shall be accompanied by-(a)[a non-refundable fee of two thousand and five hundred rupees;] [ Substituted by G.S.R. 21(E), dated 11.1.2002 (w.e.f. 11.1.2002).][* * *] [ Sub-Clauses (b) and (c) omitted by G.S.R. 86(E), dated 10.2.1987.](d)[ a valid clearance certificate, in the form prescribed by the State Government on payment of mining dues, such as, royalty or dead rent or surface rent payable under the Act or the rules made thereunder, from that Government or any officer or authority authorised by that Government in this behalf:] [ Inserted by G.S.R. 1117, dated 23.5.1970.][Provided that in case the applicant is a partnership firm or a private limited company, such certificate shall be furnished by all partners of the partnership firm or, as the case may be, all members of the private limited company:] [ Added by G.S.R. 129(E), dated 20.2.1991.][Provided that where any injunction has been issued by Court of law or any other competent authority staying the recovery of any such mining dues or income-tax, non-payment thereof shall not be treated as a disqualification for the purpose of granting or renewing the said mining lease:Provided that where a person has furnished an affidavit to the satisfaction of the State Government stating that he does not hold and has not held a mining lease, it shall not be necessary for him to produce the said valid clearance certificate:Provided that a properly sworn affidavit stating that no dues are outstanding shall suffice subject to the condition that the certificate required as above shall be furnished within ninety days of the date of application and the application shall become invalid if the party fails to file the certificate within the said ninety days:Provided further that the grant of clearance certificate under sub-clause (d) shall not discharge the holder of such certificate from the liability to pay the mining dues which may subsequently be found to be payable by him under the Act or rules made thereunder;] [ Inserted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][* * *] [ Sub-Clause (e) omitted by G.S.R. 724(E), dated 27.9.1994.];(f)an affidavit stating that the applicant has-(i)filed up-to-date income-tax returns;(ii)paid the income-tax assessed on him; and(iii)paid the income-tax on the basis of self-assessment as provided in the Income-tax Act, 1961;(g)an affidavit showing particulars of area mineral-wise in [the] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).] State, which the applicant or any person jointly with him-(i)already holds under a mining lease;(ii)has already applied for but not granted;(iii)being applied for simultaneously;(h)[ a statement in writing that the applicant has, where the land is not owned by him, obtained surface rights over the area or has obtained consent of the owner for starting mining operations: [ Substituted by G.S.R. 129(E), dated 20.2.1991.]Provided that no such statement shall be necessary where the land is owned by the Government:Provided further that no such consent of the owner for starting mining operations in the area or part thereof may be furnished after execution of the lease deed but before entry into the said area:Provided also that no further consent would be required in the case of renewal where consent has already been obtained during grant of the lease.][* * *] [ Fourth, fifth, sixth and seventh provisos omitted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).](ia)[ The State Government may, for reasons to be recorded in writing, relax the provisions of sub-clause (d) of clause (i).] [ Inserted by G.S.R. 1117, dated 23.5.1970.](ii)Every application for the grant of a mining lease shall in addition to those specified in clause (i) be accompanied by a deposit of [one thousand rupees] [ Substituted by G.S.R. 888, dated 18.10.1986.] for meeting the preliminary expenses in connection with the grant of the mining lease:[Provided that the applicant shall deposit such further deposit as may be asked for the State Government, within one month from the date of demand of such deposit.] [ Inserted by G.S.R. 1011, dated 19.7.1965.](4)[ On receipt of the application for the grant of a mining lease the State Government shall take decision to grant precise area for the said purpose and communicate such decision to the applicant. On receipt of communication from the State Government of the precise areas to be granted, the applicant shall submit a mining plan, within a period of six months or such other period as may be allowed by the State Government, to the Central Government for its approval. The applicant shall submit the mining plan, duly approved by the Central Government or by an officer duly authorised by the Central Government, to the State Government to grant mining lease over that area.] [ Substituted by G.S.R. 634(E), dated 28.8.1995, for sub-Rule (4). Earlier, it was added by G.S.R. 724(E), dated 27.9.1994.][(4-A) [Notwithstanding anything contained in sub-rule (4), the State Government shall be competent to approve mining plan of open cast mines (mines other than the underground mines) in respect of the following non-metallic or industrial minerals in their respective territorial jurisdiction, namely:-(i)Agate(ii)Ball Clay(iii)Barytes(iv)Calcareous Sand(v)Calcite(vi)Chalk(vii)Clay (Others)(viii)Corundum(ix)Diaspore(x)Dolomite(xi)Dunite/pyroxenite(xii)Felsite(xiii)Felspar(xiv)Fireclay(xv)Fusch Quartizite(xvi)Gypsum(xvii)Jasper(xviii)Kaolin(xix)Laterite(xx)Limekankar(xxi)Ochre(xxii)Pyrophyllite(xxiii)Quartz(xxiv)Quartzite(xxv)Sand (Others)(xxvi)Shale(xxvii)Silica Sand(xxviii)Slate(xxix)Steatite/Talc/Soapstone]:[Provided that the State Government shall exercise the powers of approval of mining plan through an officer or officers who shall posses the following qualification, ] [Substituted by G.S.R. 31(E), dated 22.1.2001 (w.e.f. 22.1.2001). ][experience and post or pay scale] [ Substituted by G.S.R. 733(E), dated 29.10.2002 (w.e.f. 29.10.2002).][, namely:-(i)a degree in Mining Engineering or post-graduate degree in Geology from a University established or incorporated by or under a Central Act, 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 (3 of 1956), or any equivalent qualification granted by any University or Institution outside in India(ii)professional experience of twelve years in case of a mining engineer in the field of mining engineering and professional experience of eighteen years in case of a Geologist in the field of Geological survey after obtaining the qualification as specified in clause (i) in the each case; and](iii)[ in the post of Director or Additional Director or Joint Director of the concerned State Government or in the pay scale, the maximum of which shall not be less than Rs. 15,850 (rupees fifteen thousand eight hundred and fifty) per month:] [ Substituted by G.S.R. 733(E), dated 29.10.2002 (w.e.f. 29.10.2002).][Provided further that the list of the officers fulfilling the qualification, ] [Substituted by G.S.R. 31(E), dated 22.1.2001 (w.e.f. 22.1.2001). ][experience and post or pay-scale] [Substituted by G.S.R. 733(E), dated 29.10.2002 (w.e.f. 29.10.2002). ][specified in the first proviso shall be sent to the Controller General, India Bureau of Mines by the State Governments from time to time for the purposes of that proviso:] [Substituted by G.S.R. 31(E), dated 22.1.2001 (w.e.f. 22.1.2001). ]Provided [also] [ Substituted by G.S.R. 31(E), dated 22.1.2001 (w.e.f. 22.1.2001).] where any State Government does not have such officer as having the requisite qualifications and experience, the power of approval of mining plan, as aforesaid, in respect of that State shall be exercised by the Central Government:Provided also that in the event of the State Government having officer or officers with requisite qualifications and experience from any date in future, the State Government shall report the matter to the Controller General, Indian Bureau of Mines and the State Government shall exercise the power of approval of mining plan, as aforesaid, thereafter without any reference to the Central Government.] [Substituted by G.S.R. 31(E), dated 22.1.2001 (w.e.f. 22.1.2001). ][(4-B) The Central Government or the State Government shall dispose of the application for approval of the mining plan within a period of ninety days from the date of receiving of such application:Provided that the aforesaid period of ninety days shall be applicable only if the mining plan is complete in all respects, and in case of any modifications subsequently suggested by the Central Government or the State Government, as the case may be, after the initial submission of the mining plan for approval, the said period shall be applicable from the date on which such modifications are carried out and submitted afresh to the Central Government or the State Government, as the case may be.] [ Inserted by G.S.R. 21(E), dated 11.1.2002 (w.e.f. 11.1.2002).](5)[ The mining plan shall incorporate-] [Added by G.S.R. 724(E), dated 27.9.1994. ](i)[ the plan of the leasehold 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 gathered by the applicant or any other person;] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).](ii)[ details of the geology and lithology of the area including mineral reserves of the area; [Added by G.S.R. 724(E), dated 27.9.1994. ](iii)the extent of manual mining or mining by the use of machinery and mechanical devices;(iv)the plan of the area showing natural water sources, 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 the 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 Central Government or the State Government from time to time;](v)[ a tentative scheme of mining and annual programme and plan for excavation from year to year for five years; ] [Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000). ][* * *] [ The words " and" omitted by G.S.R. 329(E), dated 10.4.2003 (w.e.f. 10.4.2003).](va)[ a Progressive Mine Closure Plan as defined in clause (oo) of rule 3 of the Mineral Conservation and Development Rules, 1988; and] [ Inserted by G.S.R. 329(E), dated 10.4.2003 (w.e.f. 10.4.2003).](vi)[ any other matter which the Central Government may require the applicant to provide in the mining plan.] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).](6)[ The mining plan once approved shall be valid for the entire duration of the lease:Provided that any modification or modifications of the mining plan shall be approved by the competent authority and such approval of the modified mining plan shall remain valid for the balance duration of the mining lease.] [ Inserted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).][22-A. Mining operations to be in accordance with mining plans [Inserted by G.S.R. 86(E), dated 10.2.1987. ].- ] [Inserted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000). ][(1) Mining operations shall be undertaken in accordance with the duly approved mining plan.(2)Modification of the approved mining plan during the operation of a mining lease also requires prior approval.] [ Substituted by G.S.R. 908(E), dated 19.10.1989.][22-B. Mining plan to be prepared by recognised persons [Substituted by G.S.R. 908(E), dated 19.10.1989. ].-(1) No mining plan shall be approved ][* * *] [ Certain words omitted by G.S.R. 908(E), dated 19.10.1989.][unless it is prepared by a qualified person recognised in this behalf by the Central Government, ] [Substituted by G.S.R. 908(E), dated 19.10.1989. ][or duly authorised officer] [ Inserted by G.S.R. 129(E), dated 20.2.1991.].(2)[ No person shall be recognised by the Central Government for purposes of sub-rule (1) unless he holds-(i)a degree in Mining Engineering or 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 Act, including any institution recognised by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification granted by any University or Institution outside India; and](ii)[ professional experience of five years of working in a supervisory capacity in the field of mining after obtaining the degree.] [ Substituted by G.S.R. 1002(E), dated 21.12.1987.](3)[ A person recognised to prepare a mining plan may also carry out modifications of an existing mining plan.] [Substituted by G.S.R. 908(E), dated 19.10.1989. ][22-BB [Substituted by G.S.R. 56(E), dated 17.1.2000, for Rule 22-BB (w.e.f. 18.1.2000). Earlier, it was inserted by G.S.R. 908(E), dated 19.10.1989. ](1)Notwithstanding the provisions of rule 63 the mining plan shall be submitted for approval through authority notified by the Controller General of the Indian Bureau of Mines or by the State Government, as the case may be, in this behalf except for minerals specified in Part A and B of the First Schedule to the Act.] [Substituted by G.S.R. 908(E), dated 19.10.1989. ][(1- a) Every mining plan submitted for approval under sub-rule (1) shall be accompanied with a non-refundable fee of one thousand rupees for every square kilometre or part thereof of mining area covered under the mining lease.] [ Inserted by G.S.R. 21(E), dated 11.1.2002 (w.e.f. 11.1.2002).](2)[ Notwithstanding the provisions of rule 54, any person aggrieved by any order made or direction issued in respect of mining plan by an officer of the Central Government competent to approve mining plans other than the Chief Controller of Mines, Indian Bureau of Mines for minerals other than those listed in Part A and Part B of the First Schedule to the Act, may, within thirty days of the communication of such order or direction, apply to the authority to whom the said officer is immediately subordinate, for the revision of the order or direction:Provided that any such application may be entertained after the said period of thirty days if the applicant satisfies the authority that he had sufficient cause for not making the application within time.(3)On receipt of any application for revision under sub-rule (1), the authority after giving a reasonable opportunity of being heard to the aggrieved person, may, confirm, modify or set aside the order made or direction issued by any officer subordinate to him.(4)Any person aggrieved by an order made or direction issued by the Chief Controller of Mines, Indian Bureau of Mines, concerning approval of mining plan may, within thirty days of the communication of such order or direction, apply to the Controller General, Indian Bureau of Mines for a revision of such order or direction and his decision thereon shall be final:Provided that any such application may be entertained after the said period of thirty days, if the applicant satisfies the Controller General, Indian Bureau of Mines that he had sufficient cause for not making the application in time.(5)On receipt of any such application under sub-rule (4), the Controller General, Indian Bureau of Mines may, confirm, modify or set aside the order or direction issued by the Chief Controller of Mines, Indian Bureau of Mines.(6)(a)Notwithstanding anything contained in the above sub-rules any person aggrieved by any order or direction issued in respect of a mining plan by an authorised officer of the State Government, may, within thirty days of the communication of such order or direction, apply to the Controller General, Indian Bureau of Mines for revision of the order or direction and his decision thereon shall be final.(b)The procedure enumerated in the preceding sub-rules shall, mutatis mutandis, be followed in the disposal of such an application.(7)The powers under sub-rules (1) and (2) in regard to approval of mining plans shall be exercised by Director, Atomic Minerals Directorate for Exploration and Research, Hyderabad, and in regard to revision under sub-rules (3) to (5) shall be exercised by Secretary, Department of Atomic Energy, Mumbai, in so far as they relate to atomic minerals specified in Part B of the First Schedule to the Act.(8)The powers under sub-rules (1) to (5) in regard to approval of mining plan and revision shall be exercised by authorities designated in this behalf by notification by the Department of Coal in so far as they relate to coal and lignite specified in Part A of the First Schedule to the Act.] [Substituted by G.S.R. 56(E), dated 17.1.2000, for Rule 22-BB (w.e.f. 18.1.2000). Earlier, it was inserted by G.S.R. 908(E), dated 19.10.1989. ][22-C. Grant of recognition by Central Government [ Inserted by G.S.R. 86(E), dated 10.2.1987.].-(1) Any person possessing the qualifications and experience referred to in sub-rule (2) of rule 22-B may apply for being recognised as a recognised person to the competent authority appointed for the purpose by the Central Government.(2)The competent authority, after making such enquiry as it deems fit, may grant or refuse to grant recognition and where recognition is refused, the competent authority shall record reasons in writing and communicate the same to the applicant.](3)[ A recognition shall be granted for an initial period of ten years and may be renewed for a period(s) not exceeding ten years at a time:Provided that the competent authority may refuse to renew recognition for reasons to be recorded in writing after giving an opportunity of hearing to the person concerned.] [ Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000).](4)[ An appeal shall lie to the Controller General, Indian Bureau of Mines, against the order of the competent authority refusing to grant or renew an application for recognition and his order thereon shall be final.Explanation .-For the purpose of this rule, Chief Controller of Mines, Controller of Mines and the Regional Controller of Mines, shall be deemed to be competent authority.] [Substituted by G.S.R. 56(E), dated 17.1.2000 (w.e.f. 18.1.2000). ][22-D. Minimum size of the mining lease [ Inserted by G.S.R. 329(E), dated 10.4.2003 (w.e.f. 10.4.2003).].-Minimum area for grant of mining lease shall not be less than-(a)One hectare, in respect of small deposits (not fragmented portions of larger ones), shallow in nature, isolated and not exceeding more than 200 metres in strike length. These deposits are small by virtue of either origin or mode of emplacement or dislocation due to geological disturbances.Small deposits shall also include float deposits (transported) formed due to mechanical weathering and deposition, alluvial or eluvial placers (buried or otherwise), which generally have peculiar configurations excepting beach sands or placers;(b)Two hectares, in respect of beach sands or placers.Beach sands or placers are mono or multi-mineral concentrations, including the dunes occurring on and off the coastal shore line.These deposits are the products of ebb and flow of tides, waves and inshore currents, and at places semi-consolidated to consolidated in nature;(c)Four hectares, in respect of all mineral deposits other than those specified under clauses (a) and (b):][Provided that in the case of renewal of mining lease, the restrictions of minimum area for grant of mining lease shall not be applicable.] [ Added by G.S.R. 49(E), dated 28.1.2005 (w.e.f. 28.1.2005).]
