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Union of India - Section

Section 23 in The Mineral Conservation And Development Rules, 1988

23. Abandonment of mines.

(1)The owner, agent, mining engineer, or manager of every mine shall not abandon a mine or a part of mine during the subsistence of the lease except with prior permission in writing of the Controller General or the authorised officer.
(2)The owner, agent, mining engineer, or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller under registered cover, a notice in [Form D] [ Substituted by G.S.R. 580(E), dated 4.8.1995.] of his intention to abandon a mine or a part of a mine so as to reach them at least ninety days before the intended date of such abandonment.
(3)Such a notice shall be accompanied by plans and sections on a scale of not less than 1 cm - 10 metres setting forth accurately the work done in the mine upto the time of submission of the notice including the measures envisaged for the protection of the abandoned mine or part thereof, the approaches thereto, and the environment:-Provided that the Controller General may require the plans and sections to be prepared on any other suitable scale.
(4)The Controller General or the authorised officer may an order in writing made before the proposed date of abandonment, prohibit abandonment or allow it to be done with such conditions as he may specify in the order.
(5)[ The leaseholder shall not abandon a mine or part thereof unless a final mine closure plan duly approved by the Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, is implemented. For this purpose, the lessee shall be required to obtain a certificate from the Regional Controller of Mines or the officer authorised by the State Government in this behalf to the effect that protective, reclamation and rehabilitation work in accordance with the final mine closure plan or with such modifications as approved by the competent authority, have been carried out before abandonment of mine.] [ Substituted by G.S.R. 330(E), dated 10.4.2003 (w.e.f. 10.4.2003). Earlier, it was substituted by G.S.R. 227(E), dated 22.4.1991 (w.e.f. 22.4.1991).][23-A. Mine closure plan. [Inserted by G.S.R. 330(E), dated 10.4.2003 (w.e.f. 10.4.2003).]- Every mine shall have mine closure plan, which shall be of two types:-
(i)a progressive mine closure plan; and
(ii)a final mine closure plan.