Section 22(4) in The Mineral Concession Rules, 1960
(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).]
