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State of Gujarat - Section

Section 39 in Gujarat Minor Mineral Concession Rules, 2017

39. Mining plan to be submitted by existing lessee.

(1)Where mining operations for minor minerals have been undertaken before the commencement of these rules without an approved mining plan, the lease holder of such lease shall submit a mining plan within a period of six months from the date of commencement of the rules, to the Government for its approval.
(2)If a lease holder has not been able to submit the mining plan within the specified time for reasons beyond his control, he may apply in writing for extension of time giving reasons to the Government.
(3)The Government on receiving an application made under sub-rule (2) above, may on being satisfied extend, through an order in writing, the period for submission of the mining plan for a period which may not exceed one year.
(4)The Government may, through an order in writing, approve the mining plan submitted by the lease holder under sub-rule (1) with modifications to be carried out in the mining plan and the lease holder shall carry out such modifications and re-submit the modified mining plan for approval of the Government.
(5)The Government shall, within a period of ninety days from the date of receipt of the mining plan or the modified plan convey its or his approval or disapproval in writing to the applicant and in case of disapproval it or he shall also convey the reasons for disapproving the said mining plan or the modified mining plan:Provided that in case of disapproval of a mining plan, no mining operations shall be carried out until the mining plan is resubmitted and is approved in accordance with these rules.
(6)If no decision is conveyed within the period stipulated under sub-rule (5), the mining plan or the modified mining plan, as the case may be, shall be deemed to have been provisionally approved and such approval shall be subject to the final decision whenever communicated.
(7)The mining plan submitted under sub rule (1) shall be prepared by a person specified in sub-rule (1) of rule 36.