Serial Number

(1) A register of applications for grant or renewal of mining leases shall be maintained in the office of the Director in Form ML-3.

(2) A register of mining leases granted under these rules shall be maintained in the office of the Director and the Officer-in-charge of the district concerned in Form 'ML-4'.

Serial Number

Value of Annual dead rent/Contra

R.57 Special conditions for river-bed mining

Following conditions shall be applicable for excavation of minor mineral(s) from river beds in order to ensure safety of river-beds, structures and the adjoining areas:

(i) No mining would be permissible in a river-bed up to a distance of five times of the span of a bridge on up-stream side and ten times the span of such bridge on down-stream side, subject to a minimum of 250 metres on the up-stream side and 500 metres on the down-stream side;

(ii) There shall be maintained an un-mined block of 50 meters width after every block of 1000 meters over which mining is undertaken or at such distance as may be directed by the Director or any officer authorised by him;

(iii) The maximum depth of mining in the river-bed shall not exceed three metres measured from the un-mined bed level at any point in time with proper bench formation;

(iv) Mining shall be restricted within the central 3/4t

R.58 Powers to issue directions

(1) The Director may, in the interest of systematic development of mineral deposits, conservation of minerals, scientific mining, sustainable development and protection of the environment, issue directions to the owner, agent, mining engineer, geologist or manager of a mine;

(2) Every direction issued under sub-rule (1) shall be complied within such period as may be specified, not being a period of less than one week: Provided that where there is difficulty in giving effect to any such direction, the owner, agent, mining engineer, geologist or manager of the mine, as the case may be, may apply for modification or rescinding of such direction and the Director may either modify or rescind the direction or confirm the same.

(3) Any person aggrieved by a direction or order under this rule may apply to the State Government or any other authority prescribed under the Act for the purpose.

R.59 Consequences of any noncompliance or violation of the terms and conditions of the grant of a mineral concession

(1) In case the mineral concession holder fails to (a) undertake mining in a scientific and systematic manner, or (b) undertakes mining in violation of environmental safeguards, or (c) fails to deposit the due amount of dead rent, royalty, contract money or any other amount due to the Government under these rules, or (d) fails to comply with any of the terms and conditions of grant of the mineral concession agreement or other conditions imposed by any other State/ Central agency at the time of granting permission/ approval for undertaking mining activity, or (e) fails to comply with any other directions issued during the subsistence of the mineral concession, the Director or an officer authorised by him shall have the right to suspend the mining operations or prematurely terminate the lease/ contract along with forfeiture of part or full amount of security after following the prescribed procedure;

(2) As a measure of recovery of any outstanding

R.60 Rights of the lessee/ contractor

Subject to the conditions mentioned under rules 57 & 58, the mineral concession holder shall have the right to use the land in respect of which the mineral concession has been granted for following activities,

(i) working of the mines;

(ii) sink pits and shafts and construct building and roads;

(iii) erect plant and machinery;

(iv) quarry and obtain building and road materials and make bricks for self consumption;

(v) use water;

(vi) use land for stacking purpose;

(vii) install fuel-pumps or stations or diesel or petrol for self-use with the permission of the competent authority;

(viii) construct magazine for explosives and storage sheds for explosive related substances with permission from the licensing authority;

(ix) store over-burden/ waste material in areas identified

R.61 Special rights of the Government

(1) The Government shall have the right of pre-emption of the minor mineral and all products thereof lying over the area granted on a mineral concession or elsewhere under the control of the mineral concession holder at all times during the term of any mineral concession. Upon issue of an order by the Government in writing to this effect, the mineral concession holder shall deliver all minor mineral or products thereof to the Government at rates worked out on the basis of average billing of mineral for the last one month at the pit head in such quantities and in such manner as may be specified in the order exercising the said right;

(2) The Government may terminate/ cancel the mineral concession in the State of a National Emergency or War without giving any notice for such termination;

(3) The Government may terminate or cancel the mineral concession, by giving three calendar months prior notice in writing, in the event the

Cha.9 Payment of rent and compensation to the landowners and determination thereof

R.62 Mining over land in the ownership of third parties

(1) Where a mineral concession is granted under these rules over any land in respect of which minor mineral rights vest in the State Government, the rights of the landowner shall be subordinate to that of the State Government for extraction of the mineral, access to the quarry/mine, stacking of minerals and other subsidiary purposes. The landowner is entitled to a fair rent and compensation for such use of the land and any damage or injury caused to such land.

(2) A mineral concession holder, who is granted the mineral concession under these rules, is entitled to use the land/ area for extraction of mineral in respect of which the said concession is granted. The mineral concession holder shall be liable to pay (a) the annual rent in respect of the land area blocked under the concession but not being operated, and (b) the rent plus compensation in respect of the area used for actual mining operations.

(3) In case the landown

R.63 Mutual settlement of rent and compensation for the land used for mining

The amount of annual rent and the compensation shall be settled mutually between the landowner and the mineral concession holder.

R.64 Determination of fair market rent, if not mutually settled between the parties

(1) Where no agreement is reached by way of mutual settlement between the landowner and the mineral concession holder regarding the rate of rent, the mineral concession holder shall offer to pay rent equal to the amount of Annuity, as applicable from time to time, as payable under the R & R Policy of the Government in cases of land acquisition.

(2) Where the land owner is not agreeable for a mutual settlement under rule 63 and is also not satisfied with the rent offered to be paid under sub-rule (1) above, the landowner or the concession holder may apply to the officer-in-charge of the concerned district to make a reference to the District Collector for determination of the fair rent payable in respect of such land.

(3) Where either of the parties prefer a reference to the District Collector under sub-rule (2) above, the officer-in-charge of the concerned district shall forward the reference to the District Collector for de

R.65 Determination of Compensation

(1) In addition to the rent settled between the parties under rule 63 or determined and payable under rule 64, the landowner would also be entitled to payment of a fair and reasonable compensation for any damage caused to such land in respect of the area under actual mining operations.

(2) In cases where the amount of compensation is not mutually settled between the parties under rule 63, the tentative amount of compensation shall be equal to 10% of the annual contract money, dead rent/ royalty actually paid by the mineral concession holder to the Government, less the amount of rent settled or determined.

(3) Where the landowner or the mineral concession holder is not agreeable to accept the amount of compensation prescribed under sub-rule (2) above, either of them may seek a reference through mining officer-in-charge to the District Collector for determination of fair and reasonable compensation with reference to the damag

R.3 Scientific & Systematic Mining and Environmental Safeguards

Cha.10 Mining operations to be undertaken as per the Mining Plan

R.66 Mining Plan

Any mining operations under a mineral concession granted under these rules shall be undertaken by the mineral concession holder in accordance with a duly approved 'Mining Plan' :

Provided that the State Government may exempt certain specified nature of mining activities from the requirements of preparation of a mining plan.

R.67 Registration of a 'Recognised Qualified Person" (RQP).

(1) No person shall be registered as a 'Recognised Qualified Person' for the purposes of rule 68 (1) by the Director, unless he possesses:

(i) a degree in mining engineering or a post-graduate degree in Geology granted by a university established or incorporated by or under an Act of Parliament or any institution recognised by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 (3 of 1956) or any qualification equivalent thereto; and

(ii) professional experience of five years of working in a supervisory capacity in the field of mining or mineral administration after obtaining a degree or qualification required under clause (1) (i) above.

(2) Any person possessing the qualifications and experience as prescribed under sub-rule (1) above, may apply to the Director, or an officer authorised by him, for registration as a RQP along with a fee of Rs. 1,00

R.68 Preparation of a Mining Plan by a Recognised Qualified Person

(1) A mining plan shall be prepared by a Recognised Qualified Person (RQP), recognised in this behalf by the Director or an officer authorised by him, or by a person recognized by the Central Government or an officer authorized by the Central Government in this behalf under the provisions of rule 22 B of the Mineral Concession Rules, 1960.

(2) The Director shall specify all such persons who are so recognised by him under sub-rule (1) above and keep such a list of persons published and updated on the website of the department.

R.69 Officer authorised for approval/ modification of the Mining Plan/ Scheme of mining

The Director may authorise any of his officers to approve or modify the Mining plan/ Scheme of mining for mining of Minor Mineral in the State subject to such officer fulfilling the following qualifications:

(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 recognized by the University Grant 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; and

(ii) possesses professional experience of 8 years in case of a Mining Engineer in the field of mining and 12 years in case of a Geologist in the field of mining/ geological survey, after obtaining the basic academic qualification.

R.70 Requirements of a Mining Plan

(1) Every mineral concession holder shall prepare a Mining Plan along with the Mine Closure Plan (Progressive & Final) and shall not commence mining operations in any area except in accordance with such Mining Plan duly approved by an officer authorized by the Director in this behalf. The plan shall also contain the conceptual plan of the mining area and take into consideration the following aspects:

(i) Level of Production;

(ii) Level of Mechanisation;

(iii) Type of Machinery used;

(iv) Quantity of diesel/ energy fuel consumption;

(v) Number of trees uprooted due to proposed mining operations.

(2) Where the mining operations have already been undertaken under an existing mineral concession before the commencement of these rules, the holder of such mineral concession shall also submit a Mining Plan along with Mine Closure Plan within a p

R.71 Modification in the mining Plan or Scheme and other conditions

(1) Where any modification of the approved mining plan is required during the subsistence of the mineral concession, the concession holder shall get any such modification approved from the officer authorized in this behalf;

(2) The authorised officer may, wherever needed, require the mineral concession holder to make such modifications in the mining plan referred to above or impose such conditions, as he may consider necessary by an order in writing if such modification or imposition of condition are considered necessary:

(a) in the light of the experience of operation of mines;

(b) in view of the change in the technological development; and

(c) in the light of any change in legal provisions or orders of any Court.

(3) A mineral concession holder, desirous of seeking modifications in the approved mining plan as are considered expedient in the interest of safe

R.71(a) Simplified procedure for obtaining environmental Clearance in certain cases

(1) Wherever a mineral concession is granted for excavation of minor minerals for an area less than five hectares, the mineral concession holder shall obtain environmental clearance from a District Level Environmental Committee.

(2) The mineral concession holder shall submit an application addressed to the Member Secretary of the District Level Environment Committee for the environmental clearance in the form specified for the purpose along with all the requisite details as mentioned in guidelines issued in this regard by the Government. The mineral concession holder shall specify the environment impact mitigation measures proposed to be taken by him, wherever so required, as part of the Environment Management Plan.

(3) The District Level Environmental Committee shall consider each application on merit in its periodic meetings convened for the purpose to which the concession holder shall also be invited and heard and the en

Cha.11 Regulation and control of mining operations

R.72 Mining to be undertaken in a scientific and systematic manner

(1) The mining operations shall be undertaken in a scientific and systematic manner i.e. mining operations consistent with the approved Mining Plan/ scheme of mining, clearances/ permissions granted by the competent authority.

(2) Any un-scientific operation or contravention of the terms of grant or permission (excepting the conditions relating to payment of Government dues) to operate by the mineral concession holder shall amount to violation or breach of the grant.

R.73 Non-compliance with or violation of the terms and conditions of the mineral concessions

(1) A mineral concession holder shall be held to be in 'default' of compliance of the conditions of grant of mineral concession in cases where the non-compliance is rectifiable suo motu or upon a notice within the period indicated in such notice. Some of the instances of major violations on the part of the mineral concession holder may be in the following areas:

(i) Undertaking mining operations in an unsafe and unscientific manner i.e. without bench formation, non-erection or maintenance of boundary pillars, lack of labour safety measures, and the regulations pertaining to the use of explosives;

(ii) Non-installation of the electronic weigh bridges or, the weigh bridges, if installed, are found to be not calibrated properly to ensure correct weighment;

(iii) Non-adherence to the rules with regard to the limits prescribed for stocking of minerals and failure to furnish the prescribed returns in this be

R.74 Breach of terms and conditions and the Consequences

(1) Any failure on the part of the mineral concession holder to rectify any default or take corrective measures under rule 73 above within the period specified, or such violation being irreversible and non-rectifiable, or recurrence of defaults takes place, the same shall amount to a 'breach' of the terms and conditions of grant of the mineral concession;

(2) Wherever a mineral concession holder is observed to be in 'breach' of the conditions of grant, the Director shall be competent to take any or all of the following actions:

(i) suspension of the mining operations and dispatch of mineral from the concession area. He would be holding the inventory of stocks, duly assessed at the time of suspension of operation, till such time the suspension order is revoked. The period of suspension may continue up to a period of three months or till such time the breach condition is rectified, whichever is earlier;

R.75 Procedure for dealing with 'Breach' conditions and the penalties

(1) A breach of any of the conditions of grant of a mineral concession or violation of any of the conditions relating to permission or clearance to undertake mining by any authority shall be dealt as under:-

(i) the Director shall, upon inspection by himself or any officer of the department or on reporting of any violation amounting to breach by any other competent authority, issue a notice to the mineral concession holder to show cause within the period specified therein as to why the mineral concession be not prematurely terminated along with forfeiture of the amount of security, in full or part thereof, and forfeiture of the mineral already excavated while undertaking said operations;

(ii) on receipt and examination of the reply of the mineral concession holder, the Director may, on his satisfaction that the breach was either not entirely due to fault on the part of the concession holder or was beyond his control or the

Cha.12 Mines and Mineral Development, Restoration and Rehabilitation Fund

R.76 Establishment of the Mines and Mineral Development, Restoration and Rehabilitation Fund

A fund known as the 'Mines & Mineral Development, Restoration & Rehabilitation Fund' shall be established under 'Public Account' in the State of Haryana under the administrative control of the Department to which rehabilitation charges payable under clause (i) of sub rule (1A) of section 15 of the Act shall be credited in order to meet the following objectives:

(i) funding of the restoration or reclamation or rehabilitation works in the sites affected by mining operations;

(ii) provision of common facilities for the benefit of community in and around areas where mining activities are undertaken;

(iii) development of infrastructure facilities for orderly growth of the mining operations and allied activities e.g. roads, stone crusher estates, water supply etc.;

(iv) funding of the studies commissioned or activities related to the mining sector e.g. survey, exploration and prospectin

Legal Commentary on Section R.76 of the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012

Introduction

Section R.76 is a specific provision within the Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012. It pertains to the procedures, obligations, and penalties related to the transportation and stocking of minor minerals, with an emphasis on legal compliance and regulatory oversight to prevent illegal mining activities.

What does Section R.76 Say

While the exact text of Section R.76 is not provided in the sources, based on the context of the Rules and related provisions, it generally deals with the procedures for the transportation, stocking, and record-keeping of minor minerals, including the requirement for transit passes, security deposits, and compliance with administrative orders to prevent illegal mining and transportation.

Essential Ingredients

• Mandatory Transit Permits: Transporters must obtain valid transit passes (e.g., e-Rawanna or Form W/X) issued by authorized officers.
• Stocking and Transportation Regulations: Transport and stocking of minerals must adhere to prescribed procedures, including maintaining records and permits.
• Compliance with Administrative Orders: Any directions issued by authorities regarding transportation or security deposits must be followed.
• Penalties for Violation: Unauthorized transportation, non-compliance, or illegal stocking attracts penalties, including vehicle impoundment, fines, or confiscation.
• Security Deposits: Concessionaires or transporters may be required to deposit security to ensure compliance and proper performance.
• Procedural Safeguards: Actions such as vehicle impounding or penalties require adherence to due process, including proper notices and opportunity to be heard.

Scope of Section R.76

• Regulatory Oversight: It covers all activities related to the lawful transportation and stocking of minor minerals within Haryana.
• Illegal Mining Prevention: Acts as a tool to curb illegal transportation, unauthorized stockpiling, and illegal mining activities.
• Administrative Enforcement: Empowers authorities to inspect, seize, and penalize violations.
• Legal Framework for Transport: Establishes the legal procedure for movement of minerals, including the issuance and verification of transit passes.
• Relation to Other Rules: It integrates with provisions on security deposits, record-keeping, and penalties outlined in the Rules and related notifications.

Punishment for Violations

• Vehicle Impoundment: Vehicles transporting minerals without valid permits can be seized and detained.
• Fines and Penalties: Non-compliance may lead to fines (e.g., minimum Rs. 10,000) and additional charges based on the quantity or nature of violation.
• Confiscation: Repeated violations or illegal activities may result in confiscation of vehicles, minerals, or equipment.
• Imprisonment: In cases of serious violations, especially involving illegal mining or smuggling, imprisonment for up to two years is prescribed.
• Legal Proceedings: Violations are cognizable offenses, requiring complaints from authorized officers, and are subject to judicial proceedings.

Legal Comments

• "Regulation of Transport" - Section R.76 emphasizes the importance of obtaining valid transit passes (Form W/X) for lawful transportation, aligning with Rule 79 of the Rules, ensuring control over mineral movement - [Sources: Bihar MICA Exporters Association H. R. Fireclay VS State of Jharkhand, Sri Veknataramanaswamy Blue Metals VS District Collector, Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Mandatory Transit Pass" - The Rules specify that no mineral can be transported without a valid transit pass issued by authorized officers, which is central to preventing illegal transportation - [Sources: Sri Veknataramanaswamy Blue Metals VS District Collector, Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Penalties for Non-compliance" - Violations under Rule 102 of the Rules attract penalties such as vehicle seizure, fines, and possible imprisonment, reinforcing deterrence against illegal transportation - [Sources: Bihar MICA Exporters Association H. R. Fireclay VS State of Jharkhand, Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Vehicle Impoundment" - The law permits seizure of vehicles transporting minerals without proper permits, but such seizures require adherence to procedural safeguards, including issuance of notices and opportunity to be heard - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Procedural Safeguards" - Actions like vehicle confiscation or penalties must follow due process, including proper notices and recording reasons, to avoid arbitrariness and ensure legality - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Requisite for Valid Permits" - Transport of minerals is lawful only when accompanied by valid transit passes issued by competent authorities, which must be in proper form and duly signed - [Sources: Sri Veknataramanaswamy Blue Metals VS District Collector, K. C. Stone Crushing Co VS State Of Haryana].

• "Role of Administrative Authorities" - Officers authorized under the Rules have the power to inspect, seize, and impose penalties but must act within jurisdiction and follow prescribed procedures - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Penal Provisions" - Violations such as illegal transportation or non-compliance with permit conditions attract fines, imprisonment, and vehicle confiscation, with penalties escalating on repeated violations - [Sources: Bihar MICA Exporters Association H. R. Fireclay VS State of Jharkhand, K. C. Stone Crushing Co VS State Of Haryana].

• "Legal Validity of Rules" - Rules framed under Sections 15 and 23-C of the MMDR Act, 1957, are upheld as valid, provided they do not encroach upon constitutional rights or exceed delegated powers, especially regarding interstate trade - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Ghaggar Royalty Company VS State of Haryana, Sri Veknataramanaswamy Blue Metals VS District Collector].

• "Jurisdictional Limits" - The Rules are valid within the scope of intra-state regulation; restrictions on interstate movement must be justified and proportionate, respecting constitutional guarantees of free trade - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Ghaggar Royalty Company VS State of Haryana].

• "Legal Basis for Penalties" - Penalties such as fines and vehicle seizures are grounded in the Rules and the statutory provisions of the MMDR Act, 1957, ensuring legality and enforceability - [Sources: Bihar MICA Exporters Association H. R. Fireclay VS State of Jharkhand, K. C. Stone Crushing Co VS State Of Haryana].

• "Procedural Fairness" - Administrative actions like vehicle impounding or penalties require proper notices, opportunity to be heard, and recording of reasons, aligning with principles of natural justice - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Role of Transit Pass" - The issuance of transit passes (Form W/X) is a crucial legal requirement; transport without such passes is illegal and subject to penalties - [Sources: Sri Veknataramanaswamy Blue Metals VS District Collector, K. C. Stone Crushing Co VS State Of Haryana].

• "Legal Challenges & Judicial Review" - Orders or actions violating procedural safeguards or exceeding jurisdiction are subject to judicial review, and courts have quashed illegal seizures or penalties - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Jai Yamuna Ji Developers VS Union of India].

• "Legality of Rules" - Rules made under the powers conferred by the MMDR Act, Sections 15 and 23-C, are generally upheld unless they violate constitutional rights or exceed delegated authority - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Ghaggar Royalty Company VS State of Haryana].

• "Interstate Trade & Constitutional Guarantees" - Restrictions on interstate transportation of minerals must be justified; blanket bans or restrictions infringing Article 301 of the Constitution are invalid unless justified as reasonable restrictions - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Ghaggar Royalty Company VS State of Haryana].

• "Legal Interpretation of Sections 15 & 23-C" - The powers under Sections 15 and 23-C are confined to regulation of illegal mining, transportation, and storage, not to prohibit lawful interstate movement; rules must be within this scope - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Ghaggar Royalty Company VS State of Haryana].

• "Enforcement & Compliance" - Proper enforcement of Rules requires adherence to procedures, proper documentation, and judicial oversight; arbitrary actions are liable to be struck down - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, K. C. Stone Crushing Co VS State Of Haryana].

• "Legal Effect of Violations" - Unauthorized transportation or stocking leads to penalties, including vehicle seizure, fines, and possible criminal prosecution, reinforcing deterrence - [Sources: Bihar MICA Exporters Association H. R. Fireclay VS State of Jharkhand, K. C. Stone Crushing Co VS State Of Haryana].

• "Legal Validity of Administrative Orders" - Orders requiring compliance with procedural safeguards and issued within jurisdiction are valid; orders violating these principles are subject to challenge - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Jai Yamuna Ji Developers VS Union of India].

• "Role of Judicial Review" - Courts have the authority to examine whether administrative actions, including seizures and penalties, conform to law, procedural fairness, and constitutional principles - [Sources: Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India, Jai Yamuna Ji Developers VS Union of India].

Summary:- Section R.76 underscores the importance of lawful transportation through permits, record-keeping, and adherence to procedural safeguards.- The Rules and provisions derived under Sections 15 and 23-C of the MMDR Act, 1957, are constitutionally valid when within their scope and do not violate fundamental rights.- Penalties such as vehicle confiscation, fines, and imprisonment are well-grounded in law but must follow due process.- Restrictions on interstate movement must be reasonable and justified, respecting constitutional guarantees of free trade under Article 301.- Administrative actions exceeding jurisdiction or lacking procedural fairness are liable to judicial review and quashing.

References:- [Bihar MICA Exporters Association H. R. Fireclay VS State of Jharkhand], [Sri Veknataramanaswamy Blue Metals VS District Collector], [Daljeet Singh Pathania, S/o Sh. Kushal Singh Pathania VS Union Of India], [K. C. Stone Crushing Co VS State Of Haryana], [Ghaggar Royalty Company VS State of Haryana]- Relevant Rules: Haryana Rules 2012, Tamil Nadu Rules 2011, Jharkhand Rules 2017, Gujarat Rules 2005, Uttar Pradesh Rules 2020, 2015 Rules, and Sections 15 & 23-C of the MMDR Act, 1957.

R.77 Contributions to the Fund

(1) An amount equal to ten percent of the dead rent or royalty or contract money paid to the state shall be charged from the mineral concession holder in the nature of 'other charges' for restoration and rehabilitation works and credited to the Fund in addition to the amount payable to the Government on account of such dead rent or royalty or contract money;

(2) The said contribution shall be remitted by the mineral concession holder in instalments along with the instalments of dead rent or royalty or contract money, as the case may be. Such amount shall be reconciled at the close of the financial year and any differential of the amount due shall be adjusted or paid on reconciliation;

(3) The Government shall also set apart and contribute five percent of the amount received by it on account of the dead rent or royalty or contract money in a financial year to the Fund in the manner decided in consultation with the Finance De

R.78 Expenditure out of the Fund

The amount available in the Fund shall be utilised strictly for fulfilment of the objectives for which the Fund is being set up and on the terms and conditions as may be stipulated by the Committee constituted under rule 80.

R.79 Restoration and Rehabilitation works to remain the first charge on the Fund

(1) The expenditure on restoration and rehabilitation of the mining sites shall remain the first charge on the fund;

(2) Every mineral concession holder, before undertaking the restoration and rehabilitation works as part of his progressive mine closure plan, shall get his estimates of expenditure on such works duly approved from the Director or an officer authorised by him and submit the utilisation certificate duly certified by a registered Chartered Accountant. The mineral concession holder shall be entitled to get the expended amount re-imbursed out of the Fund to the extent of actual expenditure subject to such re-imbursement being limited to the amount contributed by him. Any expenditure incurred over and above this limit shall have to be borne by the mineral concession holder from his own account.

Explanatory Note : Notwithstanding the expenditure incurred by a mineral concession holder on the measures taken for the

R.80 Sanction of expenditure from the Fund.

(1) Any or all proposals for expenditure from out of the Fund shall be approved by a committee of officers headed by the Principal Secretary of the department and consisting of representatives from the departments of mines and geology, finance, environment, forests, health, education, Panchayat & Development.

(2) The mode and method of collection, remittance, and utilisation of these 'other charges' shall be notified separately by the department.

R.4 Stocking and Transportation of Minerals

Cha.13 Stocking and trading of minerals

R.81 Prohibition and restrictions on stocking and trading of minerals

(1) No person, other than a mineral concession holder or a stone crushing unit operator, shall stock, sell or offer for sale any minor mineral or mineral products, in raw or processed form, for commercial purposes or trade in the State without holding a license. However, retail sale of construction material from a premises of up to 200 square meters area, situated within the Municipal limits of towns or the Lal Dora of a village, shall be exempt from the requirements of obtaining a mineral dealer license;

(2) The mineral concession holder shall not stock, sell or offer for sale any mineral or mineral products, in raw or processed form, for commercial purposes for trade in the State outside the concession area without holding a license;

(3) The mineral concession holder shall not, at any given point of time, stock mineral more than two times the average monthly production of the mineral(s) within the area granted on mineral

Cha.14 Grant and Renewal of Licence

R.82 Eligibility conditions for grant of a license

(1) No license shall be granted within a distance of;

(i) one kilometre from the site of source of such mineral for which licence is sought;

(ii) fifty metres of the outer edge of the berm of any National Highway or a State Highway or a Major District Road; and

(iii) ten metres from the outer edge of the berm of all other roads in the State.

(2) For establishing the stock-yard, minimum one acre of land preferably situated outside the municipal limits of any town situated at a reasonable distance from any urbanised area is required.

R.83 Limit on the number of licenses

No person, partnership firm or a company shall be granted license for more than two stockyards/throughout the State at any given point of time. However, the Government may relax this condition based on requirements from time to time.

Explanation: - A person holding a license either in his individual capacity or as a partner in a partnership firm or as a director in a company shall be construed to be a licensee for the purpose of the limit prescribed herein.

R.84 Application for grant or renewal of a Licence

(1) An application for the grant or renewal of a licence for storage and sale of mineral(s) in any form, outside a mineral concession area and a stone crushing unit premises, shall be made to the Director through the officer-in-charge of the district concerned in Form - MD-1.

(2) Every application shall be accompanied by:

(i) a Demand Draft or treasury receipted challan for Rs. 1000/- (Rupees one thousand only) towards application fee remitted to the credit of the Department under relevant receipt head of account of the department;

(ii) location map or survey sketch showing the exact location of the stockyard (survey number and other details of the area proposed to be used as stockyard where the applicant intends to store and conduct the sale of the mineral(s) or its products shall be delineated on the map);

(iii) proof of ownership or lease agreement and possession of the propert

R.85 Disposal of application for grant or renewal of a licence

(1) The officer-in-charge of the district concerned shall forward the application to the Director, after verifying the contents of the application and inspection of the site proposed for the stockyard alongwith his comments or recommendations for grant or renewal of the license or refusal of the same within a period of fifteen days of the receipt of application;

(2) The application for grant or renewal of a licence shall be disposed of by the Licensing Authority within ninety days from the date of receipt of the application, complete in all respects;

(3) In granting or refusing a licence or its renewal under these rules, the Licensing Authority shall take into consideration the following matters, namely :—

(i) the location of the stock yard;

(ii) the number of licensed dealers already operating in the vicinity of the area;

(iii) availability of the mineral to

R.86 Period of Mineral Dealer Licence

A license granted under these rules shall be valid for a period of up to five years and shall lapse on completion of the said period unless further renewed on an application submitted by the licensee or applicant.

R.87 Fees for Mineral Dealer Licence

(1) The fee for grant or renewal of a mineral dealer license shall be as under:

R.89 Display of Mineral Dealer Licence

Every dealer shall display the particulars of the licence granted to him at a prominent place at the stockyard or office attached with it in the form and manner, as directed by the licensing authority.

R.90 Maintenance of records and its inspection

A licensee shall maintain,

(i) complete record, updated on a real-time basis, of all purchases and sales effected by him of each mineral containing the particulars of the source and quantity of mineral purchased or procured, and of the person to whom sold in Form- MD-6;

(ii) a stock register in Form -MD-7 , and

(iii) such other records, if any, as the licensing authority or the officer authorised by him may specify.

These records shall be open to inspection by the licensing authority or the officer authorised by him in this behalf as and when required.

R.91 Returns to be filed with the Department

The mineral dealer shall file a return for each month in Form -MD-8 by the 10th day of the following month to the officer-in-charge of the district concerned and the Director in the said form giving details and record of all the total purchases, and sale of the mineral(s) and processed mineral(s) effected by him during the previous month.

R.92 Checking of unauthorised dealings in mineral

Every person, who possesses any mineral in any form as stock-in-trade or sold any mineral, shall, if so required, produce sufficient proof to the Director or to any other officer authorised by him in this behalf, to the effect that the mineral had been purchased from a legal source or authorised producer. In case the dealer fails to produce sufficient proof to the satisfaction of the Director or the officer authorised by him, the Director, or such authorised officer may take action under these rules.

R.93 Inspection and verification of stocks

The Director or the officer(s) authorised by him in this behalf shall have the right to enter upon any premises, with or without any notice, where minerals are mined and stocked or processed and stocked and to inspect, check and verify the stocks and records :

Provided that wherever any such authorised officer carries out any such inspection, he shall make an entry of his visit or inspection in the register maintained by the mineral concession holder or the stone crusher licensee or the dealer, as the case may be, and submit a report to that effect to the Director within a period of seven days. The Director shall cause a copy of such inspection report to be sent to the concerned concession holder or stone crusher licensee or the dealer, as the case may be.

R.94 Checking of accounts

Every dealer granted a license under these rules shall extend full co-operation to the Director or an officer authorised by him or the Government in this behalf for checking of accounts and verification of the stock of minerals in raw or processed form, as the case may be, and shall furnish fully and correctly any or all information in his possession, as may be required for the purpose of the checking under the provisions of the Act and rules framed there under.

R.95 Noncompliance or violation of the terms and conditions of the license.

A mineral dealer shall be held to be committing a default or breach of the conditions of license in the following events,

(1) Default

(i) failure to display the details of license on a sign board as stipulated under rule 89;

(ii) failure to file the monthly return of stocks as prescribed under rule 90;

(iii) failure to maintain the up-to-date registers prescribed under rule 90;

(2) Breach

(i) accepting minerals, in raw or processed form, from unauthorised and unexplained sources;

(ii) storing and stacking minerals that do not tally with the entries in opening and closing balance stock register;

(iii) permitting the sale of mineral, in raw or processed form, without issuing a valid mineral transit pass;

(iv) loading of mineral in a carrier without issue of a mineral transpo

R.96 Consequences of conditions of default and breach

(1) Default

(i) Where a licensee is found to be committing a default, he shall be directed to remedy or rectify such default within a period of fifteen days in the first instance;

(ii) in case of a second default, he shall be suitably directed to rectify the default and shall also be liable to a fine, which may extend up to Rs. 10,000/-;

(iii) A third time default or the continuation of the first or second default, in spite of opportunities given to rectify the same, would amount to a 'breach' and dealt with accordingly.

(2) Breach - Where a licensee is observed to be in breach of the conditions of license, the licensing authority may take any or all of the following actions:

(i) suspension of the license with stoppage of receipt or purchase or sale of any mineral in raw or processed form in or from the stockyard. The dealer shall be holding the inventory of

R.97 Procedure for dealing with Default and Breach conditions and the competent authority

(1) An officer authorised by the Licensing Authority shall be competent to take action in matters amounting to 'default' conditions.

(2) Where the officer-in-charge of the district concerned is of the view that a licensee has committed 'breach' of the license conditions, he shall immediately report the matter to the Director alongwith such supporting material, as may be required.

(3) The Director, either on his own motion or on the report of a subordinate officer or on the complaint of any public person, shall be competent to take action in the breach cases. In cases where the Director is satisfied that immediate interim action is required to stop any eventuality of the continuity of any breach condition, he may pass such interim orders as considered appropriate. A show cause notice would be issued to the licensee in order to enable him to present his defence and an opportunity of personal hearing granted, if so requested,

Cha.15 Transportation of Minerals

R.98 Requirement of a Mineral Transit Pass

(1) No person shall transport or cause to be transported any mineral, in whatever form, from one place to another by any carrier without having a valid mineral transit pass.

(2) The mineral concession holder or a stone crusher licensee or a mineral dealer licensee shall apply for and shall be issued the booklets containing such duly numbered mineral transit passes by the mining officer-in-charge of the district concerned. The mineral concession holder or the stone crusher operator or the mineral dealer, as the case may be, shall maintain a register of all receipts and despatches along with the particulars of the mineral transit passes issued by him and furnish such details in the monthly production and despatch reports and shall maintain a complete account of the booklets of mineral transit passes utilised by him.

(3) A mineral concession holder or a stone crusher licensee or a licensee shall give the mineral transit pass i

R.99 Registration of a carrier used for transportation of mineral in any form and the requirement of a mineral transport permit

(1) Any mode of carrier transport, mechanically driven or otherwise, and used for transportation of any mineral, in whatever form, shall be required to be registered with the Director or such officer as authorised by him for the said purpose and for such period as required for any part or parts of the State.

(2) A carrier used for transportation of any mineral, in raw or processed form, shall be registered for the purposes of these rules by an officer authorised by the Director for periods of seven days or one year on payment of fee as prescribed in the Fourth Schedule.

(3) No mineral concession holder or a licensee of a stone crushing unit or a licensee shall permit loading of any mineral, in whatever form, from its concession area or licensed premises in a carrier of whatever description, which is not registered as such in accordance with these rules or without issuing a mineral transport permit under sub-rule (5) of this

R.100 Procedure for submission of application and grant of a mineral transport permit

(1) The owner of any carrier, holding a valid registration certificate from the Transport Department, and intending to use such carrier for transportation of mineral, in whatever form, shall submit his application in form TP-1 to the officer authorised by the Director alongwith the fee prescribed under the Fourth Schedule.

(2) After checking the particulars of the applicant and verifying the validity of documents issued by the Transport Department, the authorised officer shall issue a mineral transport permit in Form TP-2 for such period as applied for, along with issue of receipt for the fee paid. The mineral transport permits shall be in the nature of a sticker, duly authenticated in permanent ink by the issuing officer and contain such particulars as specified, which shall be displayed at all times on the front wind screen of the vehicle.

(3) The temporary transport permit issued by any mineral concession holder or stone

R.101 Inspection of minerals and its transportation at checkposts or during transit

(1) The Director or the State Mining Engineer or the Collector of the district concerned may direct the Officer-in-charge of the district concerned to set-up or establish permanent or temporary check-posts or erection of barrier or both, at inter-state entry or exit points and any other places by an order in writing with a view to checking of the transportation of minerals raised without lawful authority;

(2) Any authorised officer or official(s) may check any carrier carrying minerals, at any place and the person in-charge of such carrier shall present a valid mineral transit pass issued and a mineral transport permit for such vehicle as may be demanded by said officer or official(s).

(3) At every check-post or barrier set up under sub-rule (1) or at any other place when so required by the officer-in-charge of the check-post or the barrier or any other authorised officer, the person in-charge of the carrier shall stop the

R.102 Consequences of violation

Wherever a carrier is found to be transporting any mineral, in whatever form, without a valid mineral transit pass as required under rule 98, and/ or a valid mineral transport permit as required under rule 99, he would be dealt with as under,

(i) Where a carrier is found to be indulging in violation of the rules for the first time, the said mineral would be liable to be forfeited along with the impounding of the vehicle, which may be released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral being transported and, in addition, a fine which shall not be less than Ten Thousand rupees;

(ii) Wherever a carrier is found to be indulging in such violation for the second time, the said mineral would be liable to be forfeited along with the impounding of the vehicle for a minimum period of three days and released only upon realisation of the payment of price of the mineral and t

Cha.16 Illegal or un-authorised Mining and consequences

R.103 Illegal or unauthorised Mining

Any person undertaking any mining operations without a valid mineral concession granted under the Act and the rules framed thereunder in any area shall be deemed to be indulging in illegal or unauthorised mining and shall be dealt in accordance with the provisions contained in this chapter.

R.104 Consequences of illegal or unauthorised mining

Any act of illegal or unauthorised mining shall be liable to the following:

(i) for a first time violation, the said mineral shall be liable to be seized along with the impounding of all such tools, equipment, vehicles or any other things used for such unauthorised operation, which may be released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral extracted and, in addition, a fine which shall not be less than Ten Thousand rupees;

(ii) for a second time violation, the said mineral shall be liable to be seized along with the impounding of all such tools, equipment, vehicles or any other things used for such unauthorised operation for a minimum period of seven days, which may released only upon realisation of the payment of price of the mineral and the applicable royalty for the mineral extracted and, in addition, a fine which shall not be less than fifteen thousand rupees;

R.105 Offences by companies

(1) If the person committing an offence under these rules is a company registered under the Companies Act, every person, who at the time when the offence was committed, was in-charge and was responsible to the company for the conduct of the business of the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly :

Provided that nothing contained in this sub-rule shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2) Where an offence under these rules has been committed with the consent or connivance of any director, manager, secretary or other authorised representative of the company, such director, manager, secretary or other authorised representative shall be deemed to be guilty of that offence and shall be li

R.106 Offences cognizable only on written complaint

No court shall take cognizance of any offence punishable under these rules except upon a complaint in writing made by the Director or any other officer authorised by him to the Police in this behalf within three months of the date on which said offence is alleged to have been committed.

Cha.17 Delegation, Review and Appeals

R.107 Delegation

The Government may delegate any of its powers under these rules, save in the cases of appeals and subject to such restrictions as it may deem appropriate to the Director, by an executive order. Similarly, the Director, may delegate any of his powers under these rules, save in the case of appeals, and subject to such restrictions as he may deem appropriate, to any of his subordinate officer(s) by an executive order.

R.108 Review

The Director may, either on an application from an aggrieved party or on his own motion, review the orders passed by him under these rules in any matter with the prior permission of the Administrative Secretary of the Department.

R.109 Appeals

(1) Unless otherwise provided, an appeal against an order passed by the Officer-in-Charge [District Level Environmental Committee] shall lie with the Director;

(2) An appeal against the order passed by the Director shall lie before the Administrative Secretary of the Department;

(3) No order under these rules shall be passed by the competent authority against any person unless he has been issued a show cause and given a reasonable opportunity to make a representation.

R.110 Time allowed for appeals or review

(1) Any application for review under rule 108 and an appeal under rule 109 (1) can be preferred within a period of sixty days of the passing of the impugned order. A delay up to thirty days beyond the permissible appeal period may be condoned by the competent authority, if found justified;

(2) A second appeal against the orders of Director, under rule 109 (2) can be filed within a period of 45 days of the passing of the impugned order. A delay for up to thirty days beyond the permissible period may be condoned by the competent authority, if found justified.

R.111 Fee for review or appeal

(1) Every application for review or appeal shall be accompanied with the fee as prescribed in the Fifth Schedule appended to these rules.

(2) No application for review or appeal will be entertained in matters where the applicant is in default of any Government dues, on whatsoever account, unless he deposits at least twenty five percent of such dues before filing such application and the proof for such payment is enclosed with the application or memorandum of appeal.

Cha.18 Miscellaneous

R.112 Power to rectify inadvertent mistakes

(1) The Government may at any time, within six months, from the date of the order passed by it under these rules, on its own motion rectify any mistake or error apparent on the face of the record, and may within the like period rectify any such mistake or error which has been brought to its notice by an applicant for the grant of the minor mineral(s) concession.

(2) No such rectification under sub-rule (1) above, as has or purports to have a prejudicial effect on another applicant for the grant of the mining lease, shall be made unless the Government have given such applicant(s) notice of its intention so to do, and have allowed him/ them a reasonable opportunity to make a representation thereon.

R.113 Recovery of Government dues as arrears of land revenue

Any rent, royalty, fee, contract money or other sum due to the Government or penalty imposed under these rules or under the terms and conditions of the mining lease or contract or permit and remaining unpaid, shall constitute a first charge on the assets of a mineral concession the holder or the surety furnished under these rules and shall be recoverable as arrears of Land Revenue.

R.114 Unauthorized Working

(1) No person shall undertake any mining operations in any area, except under and in accordance with the terms and conditions of a mineral concession granted under these rules;

(2) Notwithstanding any other punitive measures for any violations provided under the rules, any contravention of sub rule (1) shall be subject to the provisions contained in Section 21 of the Act.

R.115 Offences cognizable only on written complaint

No court shall take cognizance of any offence punishable under these rules except upon a complaint in writing made by the Director or any other officer authorised by him in this behalf within three months of the date on which said offence is alleged to have been committed.

R.116 Provision for electronic weigh bridges

In addition to the weigh bridges required to be installed by the mineral concession holders, the Director may authorise and register electronic weigh bridges established throughout the state by third parties for weighment of mineral, in raw and processed form, on such conditions as may be specified.

R.117 Introduction of e-governance processes

The department may, as soon as possible, develop and introduce partial or end-to-end e-governance application for effective and efficient regulation and enforcement of these rules. All mineral concession holders, mineral dealer licensees and the stone crushing units shall be bound to comply with and implement such e-governance applications as may be specified.

R.118 Relaxation in special cases

The Government may, for reasons to be recorded in writing, relax any provision of these rules in cases where any mineral concession is granted to any Government department or to a statutory authority set up by the State Government, or a company or a corporation wholly owned or controlled by the State or Central Government.

R.119 Commencement of the grant of a mineral concession

A mineral concession granted under these rules, in whatever form, shall commence from the date of execution of the agreement or from such date as specified therein.

R.120 Registration of Lease Deeds/ Contract Agreements

All lease deeds or contract agreements effective for a period of 11 months or more shall be duly registered with the Registrar. All expenditure on registration of the lease deed or contract agreement shall be borne by the concession holder. The Officer authorised by the Director may present the papers duly signed by the Director on his behalf for the said purpose.

R.121 Applicability of other Statutes

Grant of any mineral concession or other permissions under these rules shall not absolve the holder from the applicability of other statutes.

R.122 Repeal and savings

(1) The Punjab Minor Mineral Concession Rules, 1964 as amended from time to time, in their application to the State of Haryana and the Haryana State Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2006 are hereby repealed with the publication of notification of 'Haryana State Minor Mineral Concession, Stocking,Transportation of Minerals, and Prevention of Illegal Mining Rules, 2012' in the Official Gazette.

(2) Notwithstanding the repeal , anything done or any action taken or proceedings commenced under the 'Punjab Minor Mineral Concession Rules, 1964', and the 'Haryana State Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2006', shall be deemed to have been done, taken or commenced under these rules :

Provided that wherever the terms and conditions of any mineral concession, granted before the commencement of these rules, are inconsistent with or repugnant to these rule

Sch.I .