MINERAL CONSERVATION AND DEVELOPMENT RULES, 1988
.—(1) These rules may be called the Mineral Conservation and Development Rules, 1988.
(2) They shall come into force from the date of their publication in Official Gazette.
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1. Vide G.S.R. 1023(E), dated 24th October, 1988.
These rules shall apply to all minerals except—
(i) petroleum and natural gas;
1[(ii) coal, lignite and sand for stowing;]
(iii) any mineral declared as prescribed substances for the purpose of the Atomic Energy Act, 1962 (33 of 1962); and
(iv) minor minerals.
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1. Subs. by G.S.R. 227(E), dated 22nd April, 1991.
Every holder of reconnaissance permit shall send to the Controller General, Controller of Mines and the Regional Controller any yearly report in Form BB along with all the aerial, photogeological, geophysical, geochemical and such other data collected by him as per the conditions stipulated in the reconnaissance permit so as to reach them within thirty days after expiry of every year from the date of execution of the reconnaissance permit or the expiry of the reconnaissance permit or the abandonment of the reconnaissance permit or termination of reconnaissance permit, whichever is earlier.
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* Ins. by G.S.R. 55(E), dated 17th January, 2000.
Every holder of a reconnaissance permit shall send to the Controller General, Controller of Mines and the Regional Controller, an intimation in Form AA of the commencement of reconnaissance operations so as to reach them within a period of fifteen days of such commencement.
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* Ins. by G.S.R. 55(E), dated 17th January, 2000.
In these rules, unless the context otherwise requires,—
1[(a) “abandonment of mine” means final closure of a mine either whole or part thereof when the mineral deposits within mine or part thereof, have been fully extracted or when the mining operations have become uneconomic;]
2[(aa)] “Act” means the *Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957);
(b) “agent”, when used in relation to a mine, means any person whether appointed as such or not, who acts as the representative of the owner in respect of the management of the mine or any part thereof;
(c) “authorised officer” means any officer of the Indian Bureau of Mines duly authorised in writing by the Controller General, Indian Bureau of Min
Every holder of the reconnaissance permit shall carry out the reconnaissance operations in accordance with the scheme of reconnaissance submitted under rule 3A or with such modifications, if any, as intimated under rule 3B, or as directed by the Controller General or Regional Controller or the authorised officer.
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* Ins. by G.S.R. 55(E), dated 17th January, 2000.
.—(1) A reconnaissance scheme prepared and submitted under rule 3A may be modified at any time on geological considerations by the holder of a reconnaissance permit during continuance of the reconnaissance permit.
(2) Any modification carried out under sub-rule (1) shall be intimated to the Controller General and the Regional Controller or the authorised officer by the holder of reconnaissance permit within a period of fifteen days.
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* Ins. by G.S.R. 55(E), dated 17th January, 2000.
Every holder of a reconnaissance permit shall submit to the Controller General and the Regional Controller or the authorised officer within a period of sixty days from the date of execution of the reconnaissance permit, a scheme of reconnaissance operations indicating the manner in which he proposes to carry out reconnaissance operations in the area covered by the permit and in particular—
(a) particulars of the area such as aerial extent, boundaries;
(b) the scale of the plan and the area of geological mapping; and
(c) the particulars of the machines and instruments to be used.
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* Ins. by G.S.R. 55(E), dated 17th Janua
.—(1) Every holder of a prospecting licence shall submit to 1[the Controller General and the Regional Controller or the authorised officer] within a period of 60 days from the date of execution of the prospecting licence, a scheme of prospecting indicating the manner in which he proposes to carry out the prospecting operations, in the area covered by the licence and in particular—
(a) particulars of the area;
(b) the scale of the plan and the area of geological mapping;
(c) the number of pits, trenches, and bore holes which he proposes to put in the area;
(d) the particulars of the machines to be used;
(e) the details of exploratory mining 2[if any, propose
.—(1) A prospecting scheme prepared and submitted under rule 4 may be modified at any time on geological considerations by the holder of a prospecting licence during continuance of the prospecting licence.
(2) Any modification carried out under sub-rule (1) shall be intimated to 1[the Controller General and the Regional Controller or the authorised officer] by the holder of a prospecting licence within a period of fifteen days.
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1. Subs. by G.S.R. 227(E), dated 22nd April, 1991.
Every holder of a prospecting licence shall carry out the prospecting operations in accordance with the scheme of prospecting submitted under rule 4 or with such modifications, if any, as intimated under rule 5 or as directed by the Controller General or the authorised officer.
Every holder of a prospecting licence shall send to the Controller General, Controller of Mines and the Regional Controller, an intimation in Form A of the commencement of prospecting operations so as to reach them within a period of fifteen days of such commencement.
.—(1) Every holder of a prospecting licence shall submit to the Controller General, Controller of Mines and the Regional Controller—
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(b) an yearly report in 2[Form B] so as to reach them within thirty days after the expiry of 3[twelve months] from the date of execution of the prospecting licence or the expiry of the prospecting licence whichever is earlier:
Provided that in case the prospecting operations are abandoned, the report in 4[Form B] shall be submitted within a period of thirty days from the date of such abandonment:
Provided further that in case the prospecting operations are continued for a period exceeding one year, the report in 4[Form B] shall be submitted once every year and a final report in 4[Form B] within
.—(1) No person shall commence mining operations in any area except in accordance with a mining plan approved under clause (b) of sub-section (2) of section 5 of the Act.
(2) The Controller General or the authorised officer 1[or the officer authorised in this behalf by the State Government, as the case may be,] may require the holder of a mining lease to make such modifications in the mining plan referred to in sub-rule (1) or impose such conditions as he may consider necessary by an order in writing if such modifications or imposition of conditions are considered necessary—
(a) in the light of the experience of operation of mining plan;
(b) in view of the change in the technological development.
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.—(1) A holder of a mining lease desirous of seeking modifications in the approved mining plan as are considered expedient, in the interest of safe and scientific mining, conservation of minerals, or for the protection of environment, shall apply to the Controller General, 1[or the officer authorised in this behalf by the State Government, as the case may be,] setting forth the intended modifications and explaining the reasons for such modifications.
(2) The Controller General or the authorised officer 1[or the officer authorised in this behalf by the State Government, as the case may be,] may approve the modifications under sub-rule (1) 2[or approve with such alterations as he may consider expedient within a period of ninety days].
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1. I
.—(1) Where mining operations have been undertaken before the commencement of these rules without an approved mining plan, the holder of such mining lease, shall submit a mining plan within a period of one year from the date of commencement of these rules, 1[to the Regional Controller or the authorised officer or the officer authorised in this behalf by the State Government as the case may be, for approval].
(2) If a holder of a mining lease has not been able to submit the mining plan within the specified time for reasons beyond his control, he may apply for extension of time giving reasons to the following authorities:—
(a) to the Regional Controller for extension of time up to six months;
(b) to the Controller of Mines for extension of time exceeding six months but not ex
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(2) The owner, agent, mining engineer or manager of every mine shall review the mining plan as prescribed under sub-rule (1) and submit a scheme of mining for the next five years of the lease to the Regional Controller 2[or the officer authorised in this behalf by the State Government, as the case may be,] for approval.
(3) The scheme of mining shall be submitted to the Regional Controller 2[or the officer authorised in this behalf by the State Government, as the case may be,] at least one hundred twenty days before the expiry of the five years’ period, for which it was approved on the last occasion.
(4) The Regional Controller or the authorised officer 2[or the officer authorised in this behalf by the State Government, as the case may be,] shall convey his approval or refusal to the sc
.—(1) Every holder of a mining lease shall carry out mining operations in accordance with the approved mining plan with such conditions as may have been prescribed under sub-rule (2) of rule 9 or with such modifications, if any, as permitted under rule 10 or the mining plan or scheme approved under rule 11 or 12, as the case may be.
(2) If the mining operations are not carried out in accordance with the mining plan as referred to under sub-rule (1), the Regional Controller or the authorised officer may order suspension of all or any of the mining operations and permit continuance of only such operations as may be necessary to restore the conditions in the mine as envisaged under the said mining plan.
The prospecting and mining operations shall be carried out in such a manner so as to ensure systematic development of mineral deposits, conservation of minerals and protection of environment.
.—(1) In opencast workings the benches formed shall be so arranged that the benches in ore/mineral and overburden are separate so as to avoid mixing of waste with the ore/minerals.
(2) The benches in overburden shall be kept sufficiently in advance so that their workings do not interfere with the working of ore/minerals.
(3) Orientation of the workings and sequence of mining operations shall be such that different grades of ore/minerals can be obtained simultaneously for blending with a view to achieve optimum recovery of ore/minerals from the deposit.
.—(1) The overburden and waste material obtained during mining operations shall not be allowed to be mixed with non-salable or sub-grade minerals/ores. They shall be dumped and stacked separately on the ground earmarked for the purpose.
(2) The ground selected for dumping of overburden, waste material, the sub-grade or non-salable ores/minerals shall be away from working pit. It shall be proved for absence or presence of underlying mineral deposits before it is brought into use for dumping.
(3) Before starting mining operations, the ultimate size of the pit shall be determined and the dumping ground shall be so selected that the dumping is not carried out within the limits of the ultimate size of the pit except in cases where concurrent backfilling is proposed.
.—(1) Mining operations in underground shall be carried out in such a way so as to achieve optimum ore/mineral recovery.
(2) The method of underground development of the deposit shall be planned in accordance with the method of stoping which shall be selected with due consideration of the geology of the deposit and geo-mechanical properties of the ore and the adjoining rocks.
(3) The size of development openings, size of blocks and pillars shall be such that the workings remain stable during the development and stoping stages and between such stages.
(4) The stoping practices shall be such as to cause minimum disturbance to the surface.
(5) In case of a doubt as to the optimum ore/mineral recovery under sub-rule (1), or the method of underground dev
.—(1) All the sub-grade ore/minerals wherever obtained in underground workings shall be brought to the surface instead of leaving or packing them in underground.
(2) As far as practicable the complete width of the ore/mineral body shall be worked:
Provided that the Chief Controller of Mines may permit in writing leaving of certain portions in underground if it is necessary for the support or protection to the mine workings.
All the blocks formed in underground workings shall be regular in size and shape. Once a block is formed it shall not be split or reduced in size until the stage of commencement of stoping:
Provided that the Chief Controller of Mines may permit reduction in the size of blocks on an application in writing made by the owner, agent, mining engineer or manager giving reasons for doing the same.
.—(1) If the Controller General or the authorised officer, having due regard to the nature of mining operations and grade of ore/mineral is of the view that the sub-grade or/mineral contains certain recoverable product, he may direct the owner, agent, mining engineer or manager of the mine to get the beneficiation investigations carried out.
(2) The report of the beneficiation investigation so carried out shall be submitted to the Controller General or the authorised officer as the case may be immediately after the investigation is over.
(3) In a mine having a beneficiation plant, feed products and tailings shall be regularly sampled and analysed at suitable intervals and records of the same maintained in bound paged book:
Provided that the Controller General or the authorised officer may requ
.—(1) Where heavy earth moving is used in mines, the owner, agent, mining engineer or manager of the mine shall maintain Log Books in respect of each machine showing date-wise account of hours worked, hours not worked, reasons for non-working, consumption of fuel/energy and lubricants and output of the machine during the corresponding working hours. The summary of operation of each machine shall be recorded in the Log Book at the end of each month bringing out the percentage availability and percentage utilisation of the machine, average hourly performance and average fuel/energy consumption per hour.
(2) Each page of the Log Book shall be numbered and the summary shall be signed and dated by the mining engineer.
(3) The Log Book shall be made available to the authorised officer on demand.
.—(1) The owner, agent, mining engineer or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller an intimation in 1[Form C] of the opening of a mine so as to reach them within fifteen days of such opening.
(2) The intimation in 1[Form C] sent to the Regional Controller under sub-rule (1) shall be accompanied with a copy of mining plan approved under clause (b) of sub-section (2) of section 5 of the Act 2[only when the mine is being opened after a lapse of 5 years’ period from the date of approval of mining plan].
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1. Subs. by G.S.R. 580(E), dated 4th August, 1995.
2. Ins. by G.S.R. 227(E), dated 22nd April, 1991.
—(1) Financial assurance, has to be furnished by every leaseholder. The amount of financial assurance shall be Rupees Twenty-five thousand for A category mines and Rupees Fifteen thousand for B category mines, per hectare of the mining lease area put to use for mining and allied activities. However, the minimum amount of financial assurance to be furnished in any of the forms referred to in clause (2) shall be Rupees Two lakh for A category mines and Rupees One lakh for B category mines:
Provided that a leaseholder shall be required to enhance the amount of financial assurance with the increase in the area of mining and allied activities:
Provided further that where a leaseholder undertakes reclamation and rehabilitation measures as part of the progressive closure of mine, the amount so spent shall be reckoned as sum of the financial a
—(1) The owner, agent, manager or mining engineer shall have the responsibility to ensure that the protective measures contained in the mine closure plan referred to in this rule including reclamation and rehabilitation works have been carried out in accordance with the approved mine closure plan or with such modifications as approved by the Regional Controller or the officer authorised by the State Government in this behalf under this rule.
(2) The owner, agent, manager or mining engineer shall submit to the Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, a yearly report before 1st July of every year setting forth the extent of protective and rehabilitative works carried out as envisaged in the approved mine closure plan, and if there is any deviation, reasons thereof.
—(1) The holder of a mining lease desirous of seeking modifications in the approved mine closure plan, shall submit to the Controller General or the officer authorised by the State Government in this behalf, as the case may be, for approval setting forth the intended modifications and explaining the reasons for such modifications.
(2) The Controller General or the officer authorised by the State Government in this behalf, as the case may be, may approve the modifications as submitted under clause (1) or approve with such alterations as he may consider expedient.
.—(1) The owner, agent, manager or mining engineer shall submit a final mine closure plan to Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, for approval one year prior to the proposed closure of the mine.
(2) The Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, shall convey his approval or refusal of the final mine closure plan within ninety days of the date of its receipt to the owner, agent, manager or mining engineer.
(3) If approval or refusal of the final mine closure plan is not conveyed to the owner, agent, manager or mining engineer of the mining lease within the period as specified in sub-rule (2), the final mine closure plan shall be deemed to have been provisionally approved, and such approval s
—(1) The owner, agent, manager or mining engineer shall, in case of fresh grant or renewal of mining lease, submit a progressive mine closure plan as a component of mining plan to the Regional Controller of Mines or officer authorized by the State Government in this behalf as the case may be.
(2) The owner, agent manager or mining engineer shall, in case of existing mining lease submit a progressive mine closure plan to the Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, for approval 1[on or before 31st December, 2004].
(3) The owner, agent, manager or mining engineer shall review the progressive mine closure plan every five years from the date of its approval in case of existing mine or from the date of opening of the mine in case of fresh grant or from the date of ren
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.]
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1. Ins. by G.S.R. 330(E), dated 10th April, 2003 (w.e.f. 10-4-2003).
—(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 1[Form D] 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 envi
.—(1) The owner, agent, mining engineer or manager of every mine shall send to Controller General, Controller of Mines and the Regional Controller of Mines a notice in Form D-1 when the mining or mineral processing operations in the mine or part thereof are discontinued for a period exceeding ninety days so as to reach them within one hundred and five days from the date of such temporary discontinuance.
(2) Where the discontinuance takes place as a result of the occurrence of natural calamity beyond the control of the owner, agent, mining engineer or manager of a mine, or in compliance with any order or directions issued by any statutory authority established under any law in force or any tribunal or a Court, a telegraphic intimation shall be sent to the Controller General and the Regional Controller within a period of twenty-four hours of such discontinuance, and a notice of disco
The owner, agent, mining engineer or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller an intimation in 1[Form C] of reopening of a mine after temporary discontinuance, so as to reach them within fifteen days from the date of such reopening.
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1. Subs. by G.S.R. 580(E), dated 4th August, 1995.
.—(1) No stoping shall be commenced, conducted or carried out 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 1[Form E] intimating his intention to commence the stoping of any vein, lode, reef or mineral deposit, so as to reach them at least sixty days before the date of commencement of such operations.
(3) Such notice shall be accompanied by plans and sections on a scale of not less than 1 cm=10 metres showing the details of the block proposed to be stoped, the manner of stoping, the mineralised and barren zones indicating estimated percentage recovery from stopes:
P
.—(1) Every plan or section prepared or submitted in accordance with the provisions of these rules shall—
(a) show the name of the mine and of the owner and the purpose for which the plan or section is prepared;
(b) show the true north or the magnetic meridian and the date of the latter;
(c) show a scale of the plan at least twenty-five centimetres long and suitably sub-divided;
(d) unless otherwise provided, be on a scale having a representative factor of—
(i) 200:1 in case of mica mines and other mines having small-scale workings below ground;
(ii) 2000:1 in case of mines having large open
.—(1) The owner, agent, mining engineer or manager of every mine shall keep the following plans and sections:—
(a) a surface plan showing every surface feature within the mining lease boundaries such as building, telephone, telegraph or power transmission line, watermain, tramline, railway, road, river, water-course, reservoir, tank, bore-hole, shaft and incline opening, opencast working, dumps and dumping ground, the waste land, forest, sanctuaries, agricultural land and grazing land and subsidence on the surface;
(b) a surface geological plan of the area of leasehold, on a scale specified or approved by the Controller General by a general or special order in writing showing—
(i) all the lithological units exposed in the area, in the pits, trenches and in a
The owner, agent mining engineer or manager of every mine shall, 1[on or before the 30th day of June] every year submit to the Controller General, Controller of Mines and the Regional Controller a copy of the plans and sections maintained under rule 28.
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1. Subs. by G.S.R. 22(E), dated 11th January, 2002 (w.e.f. 11-1-2002).
.—(1) All plans, sections and tracings or copies thereof kept at the mine shall be serially numbered or suitably indexed.
(2) Every plan, section or part thereof prepared under these rules shall carry thereon a certificate for its correctness and shall be signed by the mining engineer with date:
Provided that the geological plans and sections shall be certified and signed by the geologist employed under rule 42.
(3) Every copy of a plan and section or part thereof submitted or maintained under these rules shall bear a reference to the original plan or section from which it was copied and shall be certified thereon by the owner, agent, mining engineer or manager to be a true copy of the original plan or section.
Every holder of a prospecting licence or a mining lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining, beneficiation or metallurgical operations in the area.
.—(1) Every holder of a prospecting licence or a mining lease shall, wherever top soil exists and is to be excavated for prospecting or mining operations, remove it separately.
(2) The top soil so removed shall be utilised for restoration or rehabilitation of the land which is no longer required for prospecting or mining operations or for stabilising or landscaping the external dumps.
(3) Whenever the top soil cannot be utilised concurrently, it shall be stored separately for future use.]
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1. Subs. by G.S.R. 227(E), dated 22nd April, 1991.
.—(1) Every holder of a prospecting licence or a mining lease shall take steps so that the overburden, waste rock, rejects and fines generated during prospecting and mining operations or tailings, slimes and fines produced during sizing, sorting and beneficiation or metallurgical operations shall be stored in separate dumps.
(2) The dumps shall be properly secured to prevent escape of material therefrom in harmful quantities which may cause degradation of environment and to prevent causation of floods.
(3) The site for dumps, tailings or slimes shall be selected as far as possible on impervious ground to ensure minimum leaching effects due to precipitations.
(4) Wherever possible, the waste rock, overburden, etc. shall be back-filled into the mine excavations with a view to restoring the land
Every holder of prospecting licence or mining lease shall undertake the phased restoration, reclamation and rehabilitation of lands affected by prospecting or mining operations and shall complete this work before the conclusion of such operations and the abandonment of prospect or mine.
Whenever any damage to public buildings or monuments is apprehended due to their proximity to the mining lease area, scientific investigations shall be carried out by the holder of mining lease so as to keep the ground vibrations caused by blasting operations within safe limit.
Stoping in underground mines shall be so carried out as to keep surface subsidence under control.
Air pollution due to fines, dust, smoke or gaseous emissions during prospecting, mining, beneficiation or metallurgical operations and related activities shall be controlled and kept within ‘permissible limits’ specified under various environmental laws of the country including the Air (Prevention and Control of Pollution) Act, 1981 (14 of 1981) and the Environment (Protection) Act, 1986 (29 of 1986) by the holder of prospecting licence or a mining lease.
Every holder of prospecting licence or a mining lease shall take all possible precautions to prevent or reduce the discharge of toxic and objectionable liquid effluents from mine, workshop, beneficiation or metallurgical plants, tailing ponds, into surface water bodies, ground water aquifer and usable lands, to a minimum. These effluents shall be suitably treated, if required, to conform to the standards laid down in this regard.
Noise arising out of prospecting, mining beneficiation or metallurgical operations shall be abated or controlled by the holder of prospecting licence or a mining lease at the source so as to keep it within the permissible limit.
The standards and permissible limits of all pollutants, toxins and noise referred to in rules 37, 38 and 39 shall be those notified by the concerned authorities under the provisions of the relevant statutes from time to time.
.—(1) Every holder of prospecting licence or a mining lease shall carry out prospecting or mining operations, as the case may be, in such a manner so as to cause least damage to the flora of the area held under prospecting licence or mining lease and the nearby areas.
(2) Every holder of prospecting licence or a mining lease shall—
(a) take immediate measures for planting in the same area or any other area selected by the Controller General or the authorised officer not less than twice the number of trees destroyed by reason of any prospecting or mining operations;
(b) look after them during the subsistence of the licence/lease after which these trees shall be handed over to the State Forest Department or any other authority as may be nominated by the Controller General or
.—(1) It shall be the duty of the geologist to conduct prospecting operations in accordance with the provisions of these rules.
(2) He shall—
(a) prepare the necessary geological plans and sections which are required to delineate the ore body;
(b) calculate ore reserves and its grade;
(c) be responsible for providing all the necessary information required for controlling the quality of the minerals produced;
(d) maintain proper records of the prospecting operations and records of sinking of shafts and boreholes as provided under these rules;
(e) work out the appropriate method of sampling and ensure preparation
.—(1) It shall be the duty of the mining engineer to take all necessary steps to plan and conduct mining operations, so as to ensure conservation of minerals, systematic development of the mineral deposits and protection of environment in and around the mining lease area in accordance with these rules.
(2) He shall be responsible for the preparation and maintenance of the plans, sections, reports and schemes in accordance with these rules.
(3) He shall be responsible for carrying out the study of the associated rocks and minerals, identifying them and stacking the various minerals produced separately.
(4) He shall carry out all such orders and directions as may be given in writing under these rules by the Controller General or the authorised officer 1[and shall forward a copy of such orders or
.—(1) The owner, agent, mining engineer or manager of every mine shall submit to the Controller General, Controller of Mines and the Regional Controller, returns in respect of each mine as per category ‘A’ or ‘B’ specified in clause (b) of sub-rule (1) of rule 42, in the relevant form and within the time specified in respect of such returns, namely:—
1[(a) a monthly return which shall be submitted before the 15th of every month in respect of preceding month in the Form as indicated below:
In respect of category ‘A’ mines
(i) for iron ore in Form F1;
(ii) for manganese ore in Form F2;
(iii) for 2[bauxite and laterite] in Form F3;
When any new appointment is made of an agent, mining engineer, geologist, manager or any person under sub-rule (6) of rule 42 or when the employment of any such person is terminated or any such person leaves, the said employment or when any change occurs in the address of any such person, the owner of the mine or the holder of the prospecting licence shall, within fifteen days from the date of such appointment, termination, leaving or change in address give a notice in 1[Form I] to the Controller General, Controller of Mines and the Regional Controller.
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1. Subs. by G.S.R. 580(E), dated 4th August, 1995.
The owner, agent, mining engineer, geologist or manager of every mine or the holder of a prospecting licence shall send intimation in 1[Form J] to the Controller General, Controller of Mines and the Regional Controller within fifteen days after the commencement of any of the following operations:
(a) the sinking of trial shaft or borehole to a depth exceeding ten metres from the surface, or
(b) the extension of an existing shaft or borehole to a depth exceeding ten metres, or
(c) the sinking of a new shaft or boreholes commencing from underground workings:
Provided that the Controller General or the authorised officer may permit such intimation to be given collectively within such extended period as may
The owner, agent, mining engineer, geologist or manager of every mine or the holder of a prospecting licence shall keep a record in 1[Form K] of all shafts or boreholes exceeding ten metres in depth and shall retain all records and sample of the strata passed through for a period of not less than twelve months after the completion of the work or abandonment thereof:
Provided that the records of boreholes and shafts exceeding one hundred metres length shall not be destroyed except with the prior approval of the Controller General or the Regional Controller.
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1. Subs. by G.S.R. 580(E), dated 4th August, 1995.
The owner, agent, mining engineer or manager of every mine shall send a notice in 1[Form C] to the Controller General, the Controller of Mines and the Regional Controller, of any change in the name of the mine within thirty days of such change.
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1. Subs. by G.S.R. 580(E), dated 4th August, 1995.
Without prejudice to the provisions of the act or any rules made thereunder or the terms and conditions of a mining lease, every holder of a mining lease shall within thirty days of the date of amalgamation of mining leases carried out under rule 38 of Mineral Concession Rules, 1960, send an intimation thereof to the Controller General and the State Government.]
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1. Ins. by G.S.R. 22(E), dated 11th January, 2002 (w.e.f. 11-1-2002).
Without prejudice to the provisions of the Act or any rules made thereunder or the terms and conditions of a prospecting licence or a mining lease, prohibiting or restricting the transfer of a prospecting licence or a mining lease, every holder of a prospecting licence or a mining lease who transfers or assigns his licence or lease or any right, title or interest thereunder to any other person, shall, within thirty days of the date of such transfer or assignment send an intimation thereof in 1[Form L] to the Controller General, the Controller of Mines and the Regional Controller.
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1. Subs. by G.S.R. 580(E), dated 4th August, 1995.
When the ownership of a prospecting licence or a mining lease is transferred, the previous owner or his agent shall make over to the new owner or his agent within a period of seven days of the transfer of the ownership, borehole cores preserved, if any, all plans, sections, reports, registers and other records maintained in pursuance of the Act, Rules or Orders made thereunder, and all correspondence relevant thereto relating to the prospecting licence or mining lease; and when the requirements of these rules have been duly complied with, both previous and the new owners or their respective agents shall forthwith send to the Controller General, Controller of Mines and the Regional Controller a detailed list of borehole cores, plans, sections, reports, registers and other records that have been transferred.
The owner, agent, mining engineer or manager of every mine or a holder of a prospecting licence shall simultaneously submit a copy each of the notice/return/intimation required to be submitted under these rules to the State Government concerned in whose territory the mine or the prospecting area is situated or to such authority as that Government may specify in this behalf.
The owner, agent, mining engineer or manager of every mine or a holder of a prospecting licence shall maintain the labour attendance register, production and despatch register, explosives consumption register, mineral analysis reports and details of mining machinery and copies of all notices and returns, plans, sections and schemes submitted to the Controller General under these rules, at an office established in the area where mining or prospecting operations are carried on, and these shall be made available at all reasonable times to the officers of the Indian Bureau of Mines for inspection.
The Controller General or any officer duly authorised by the Government to enter and inspect a mine, any examine any mineral deposit in any area under prospecting licence or mining lease and take samples therefrom at any time for the purpose of these rules.
If any mine or part thereof, which in the opinion of the Controller General, Chief Controller of Mines or the Controller of Mines poses a grave and immediate threat to the conservation of minerals or to environment, he may, by an order in writing to the owner, agent, mining engineer or manager, require him to take such measures as may be specified in the order and may prohibit, until the requirements as specified in the order are complied with to his satisfaction, the deployment of any person other than those required for compliance with the requirement of the order.
.—(1) Any person aggrieved by any order made or direction issued under these rules by any officer subordinate to the Controller General, 1[or an officer of the State Government, as the case may be,] may within thirty days of the communication of such order or direction, apply to the Controller General for a revision of the order or direction, provided that any such application may be entertained after the said period of thirty days if the applicant satisfies the Controller General that he had sufficient cause for not making the application within time:
1[Provided that if any order made or direction issued as aforesaid by an officer subordinate to the Chief Controller of Mines, the application shall be made to the Chief Controller of Mines who shall deal with the application in the manner prescribed hereunder.]
(2) Every order against whi
Whoever contravenes any of the provisions of these rules shall be punishable with imprisonment for a term which may extend up to two years, or with fine extending to fifty thousand rupees or with both, and in the case of continuing contravention with an additional fine which may extend up to five thousand rupees for every day during which such contravention continues, after conviction for the first such contravention:
Provided that for repeated contravention the punishment should be in the form of imprisonment only:
Provided further that any offence punishable under these rules may either before or after the institution of the prosecution, be compounded by the authorized officer to make a complaint to the court with respect to that offence, on payment to that officer for credit to the Government, of such sum that officer may specify:
The owner, agent, mining engineer, geologist or manager of every mine or the holder of a prospecting licence shall preserve intact all cores and specimens of different types of rocks and minerals obtained during drilling or sinking operations and arrange for them to be laid out in a serial order with identification marks, showing the progressive depth at which they are obtained. Such specimens shall not be broken except for the purpose of analysis and testing in which case, representative samples of the specimens so broken will be preserved for a period of not less than six months from the date of completion of drilling or sinking operations. The Controller General, by an order in writing, may require the cores or specimens of rocks and minerals obtained from specific boreholes or shafts to be preserved for any specific period or relax the provisions of this rule to such an extent as he may deem fit.
Every holder of a prospecting licence or a mining lease shall afford all reasonable facilities to persons authorised by the Controller General for the purpose of undertaking research or training in matters relating to mining or geology.
.—(1) Any person, institution or agency carrying on prospecting or mining operations related to any research in geology or mining, shall inform the Controller General and the Regional Controller, within a period of thirty days of commencement of such research related operations, indicating briefly the aspects proposed to be covered under such research together with the name and address of the person, institution, or agency carrying out such research work and the expected duration of the research related operations.
(2) (a) On completion of the said research work, a report describing the observations, analysis and conclusions reached as a result of the said research work shall be submitted to the Controller General within thirty days of its completion.
(b) The information so received will be kept confidential, if required. The Government
The Controller General may by a notification in the Official Gazette prescribe the limits of the territorial jurisdiction of the Controller of Mines and the Regional Controller for purposes of these rules.
The holder of reconnaissance permit, prospecting licence or mining lease, or his agent shall furnish such information regarding his reconnaissance or prospecting operations or mine or any matter connected therewith as the Controller General or the authorised officer may require by an order in writing and the information shall be furnished within such time as may be specified in the aforesaid order.]
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1. Subs. by G.S.R. 22(E), dated 11th January, 2002 (w.e.f. 11-1-2002).
Any power granted under these rules to the Regional Controller of Mines may be exercised by the Controller of Mines or the Chief Controller of Mines.
The Mineral Conservation and Development Rules, 1958 are hereby repealed.
Notwithstanding such repeal, anything done or any action taken, including any order made, direction given or notice issued under the Mineral Conservation and Development Rules, 1958 shall insofar as it is not inconsistent with the provisions of these rules, be deemed to have been done, taken, made, given or issued, as the case may be, within the corresponding provisions of these rules.
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