Section 75(3) in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
(3)Every mineral concession holder before undertaking the restoration and rehabilitation works as a part of his progressive mine closure plan shall get his estimates of expenditure on such works duly approved from the Director or an officer authorized by the Government in this regard and submit the utilization certificate duly certified by a registered chartered accountant. This work shall be executed under the supervision of the Forest Department. The mineral concession holder shall be entitled to get the expended amount re-imbursed being limited to the amount contributed by him and any expenditure incurred over and above this limit shall have to be borne by the mineral concession holder of his own.Explanation. - Notwithstanding the expenditure incurred by a mineral concession holder on the measures taken for the progressive mine closure plan the occasion for undertaking the complete restoration and rehabilitation works in respect of any mining area arises only when a mine reaches the closure stage or so declared by the Department. It is likely that the mining operations would have been undertaken by multiple concession holders before reaching the stage of closure of a mine, making it imperative that the comprehensive measures for restoration and rehabilitation of a mining site are taken up only upon closure of such mine. The responsibility for execution of such plan shall rest with the mineral concession holder operating such area at the time of its closure. Since the contribution to the fund is also made by concession holders who have operated the area during the intervening period, the financial burden of restoration and rehabilitation measures shall not be borne by the last concession holder alone.
