Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015
(1) These rules may be called the Kerala Minerals (Prevention of illegal mining, storage and transportation) Rules, 2015.
(2) They shall come into force at once.
(1) In these rules, unless the context otherwise requires,-
(i) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957;
(ii) "Authorised Officer" means District Geologists/Assistant Geologists of the District Offices of the Department of Mining and Geology within their respective area of jurisdiction or any other Officer, as may be authorised by the Government by notification in the Official Gazette, to exercise the powers and perform the functions under these rules;
(iii) "Carrier" means any vehicle, person, animal or other mode of transport used for transporting minerals from one place to another;
(iv) "Competent authority" means the Director of Mining and Geology, Government of Kerala;
(v) "Dealer" means any person carrying on the business of stocking and selling of minerals and/or their products and does not include persons carrying on the business of jewels;
(
(1) No person other than the lessee or holder of a quarrying permit or movement permit under the Kerala Minor Mineral Concession Rules, 2015 or Granite Conservation and Development Rules, 1999 or mining lease under Mineral Concession Rules, 1960 1[or Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 or Atomic Mineral Concession Rules, 2016]shall stock, sell or offer for sale for commercial purposes or trade any mineral 2[x x x x], in the State without holding a dealer's licence under these rules.
(2) The holder of a quarrying permit or quarrying lease or mining lease in the State shall not stock for sale or offer for sale for commercial purposes or trade any 3[x x x x] mineral products outside the permitted area or lease area without holding a dealer's licence under these rules.
3[Note 1:-- The public sector undertakings or companies owned by Government are exempted from obtaining a deale
Nothing in these rules shall apply to the mining, transportation and storage of minerals for the purpose of scientific tests:
Provided that in such cases the competent authority or the authorised officer under these rules may, if necessary, issue mineral transit passes under these rules for transportation of minerals for the purpose.
No sales depot or mineral value addition unit or mineral processing unit in the State shall operate without having registration under these rules from the Department of Mining and Geology. Every person who is having a sales depot or mineral value addition unit or mineral processing unit shall register it at the office of the District Geologist concerned:
1[x x x x]
(1) An application for the grant or renewal of registration shall be made to the District Geologist concerned in Form A.
(2) Every such application shall be accompanied by,-
a. Treasury chalan receipt for rupees one thousand only towards registration fee remitted to the credit of the Department of Mining and Geology.
b. Location map issued by the Village Officer concerned showing the exact location of the sales depot or value addition unit or processing unit (Survey No. and other details of the area used as sales depot or value addition unit or processing unit shall be noted in the map).
c. Possession and Enjoyment Certificate of the property used by the applicant as sales depot or value addition unit issued by the Village Officer concerned.
d. Consent letter from the owner of the property, if the property is not owned by the applicant, in stamped paper worth the value specified by the Government from
The District Geologist or any other officer of the district office of the Department of Mining and Geology shall receive the application for registration and shall enter on it the date and time on which the application is received by him. Where an application for grant or renewal of registration is delivered personally, its receipt shall be acknowledged forthwith and where such application is received by post, its receipt shall be acknowledged within a period of seven days. The receipt of application for grant or renewal of licence shall be acknowledged in Form B..
The register of application for grant or renewal of registration shall be maintained by the District Geologist of the District concerned in Form C.
(1) The District Geologist after making such enquiries, as he may deem fit, may grant or renew the registration and shall issue such registration in Form D or refuse to grant or renew the registration.
1[2 The maximum period for which a registration is granted shall be five years.]
(3) Applications for renewal of registration shall be made to the District Geologist of the District concerned at least one month before the date of expiry of the period of registration.
(4) The Local Self Government Institutions concerned shall not grant licence to a sales depot or mineral value addition unit or mineral processing unit unless it has got registration from the Department of Mining and Geology.
2[(5) The competent authority may, by notice in writing, order any registration holder under these rules to furnish particulars of value addition unit/mineral processing unit including quantity of mineral stocked, source of mineral, type of value a
(1) An application for grant or renewal of a licence for storing and trading of mineral by a dealer under these rules shall be made to the District Geologist concerned in Form E and he shall receive the application and enter on it the date and time on which it is received by him. Where an application for grant or renewal of dealer's licence is delivered personally its receipt shall be acknowledged forthwith and where such application is received by post, it shall be acknowledged within a period of seven days. The receipt of application for grant or renewal of dealer's licence shall be acknowledged in Form B.
1[(2) A mineral producer who manufactures mineral products by erecting a mineral processing unit or value addition unit within or outside the permit or lease area shall also apply for a dealer's licence.]
(3) Every application for a dealer's licence shall be accompanied by,-
a. a true copy of the registration certificate of the sales depot o
The register of application for grant or renewal of a licence shall be maintained by the District Geologist concerned in Form F.
Applications for renewal of a licence shall be made to the District Geologist concerned at least one month before the date of its expiry:
Provided that the District Geologist may condone the delay in submission of application for renewal of licence after the time limit prescribed, if the applicant satisfies the District Geologist that he has sufficient cause for not filing the application for renewal in time and in such cases the applicant shall remit a late fee of two hundred rupees for each completed month:
Provided further that if a dealer wishes to stock and sell additional quantity of mineral than the licensed quantity before the date of expiry of licence, the dealer shall request the District Geologist for permission to stock and sell 500 metric tonnes of the mineral or multiples of it and the District Geologist may grant permission for the same by realising license fee at the same rate stipulated in Schedule I of these rules and while doing so he shall make n
(1) The District Geologist after making such enquiries, as he may deem fit, may grant or renew the licence and shall issue such licence in Form G or refuse to grant or renew the licence:
Provided that the District Geologist shall not refuse to grant or renew a licence without giving an opportunity of being heard to the applicant and without recording the reasons for refusal and communicating the same in writing to the applicant.
(2) No application for grant or renewal of a licence submitted under Rule 10 shall be refused only on the ground that Form E is not complete in all respects or is not accompanied by the documents referred to in Rule 10.
(3) Where it appears that the application is not complete in all respects or is not accompanied by the documents mentioned in Rule 10, the District Geologist shall, by notice, inform the applicant to supply the omission or, furnish the documents without delay, as the case may be, and in any case not later than thirty da
(1) Each licencee shall pay in advance an annual licence fee for stocking of mineral or mineral products at the rate prescribed in the Schedule I of these rules. The fee for selling of mineral or mineral product, as the case may be, shall be paid as per Schedule I in advance at the time of submission of application for movement permit.
(2) Any applicant for a dealer's licence or any licencee shall not be eligible for refund of any of the amount paid by way of application fee or licence fee. The fee remitted for stocking and/or selling of minerals or mineral products by a dealer's licence holder shall not be carried forward or adjusted at the time of renewal of dealer's licence.]
The period of a dealer's licence shall be for a period of one year from the date of grant unless it is rescinded by the District Geologist.
Every dealer shall display the licence granted to him in a prominent place at the sales depot or office attached with it, open to the public.
A dealer shall maintain in Form I a record of all purchases and sales effected by him showing the particulars of the source and quantity of purchase of the mineral and of the person to whom sold and a stock register in Form J and such other records, if any, as the District Geologist or the officer authorised by him may specify and such records shall be open to inspection by the District Geologist or any other officer authorised by him.
Every dealer shall after the close of each month submit to the District Geologist a statement in Form K showing the particulars of total purchase, production, if any, and sale of mineral or processed mineral effected by the dealer during the month.
If the District Geologist is convinced that the original licence is damaged, defaced or irrecoverably lost, a duplicate copy of the dealer's licence shall be issued to the dealer on payment of two hundred rupees. The licence so issued shall be signed and stamped with the word "DUPLICATE" by the District Geologist.
If a dealer fails to comply with any of the conditions of the licence or any of the provisions of the Act, rules or orders in this regard, the District Geologist may by an order in writing rescind the licence issued under these rules. No such licence shall be rescinded without giving the dealer concerned, an opportunity of being heard.
Any person who stocks any mineral or its products shall, if required, provide sufficient proof to the District Geologist or the competent authority or the officer authorized in this behalf to the effect that the mineral was produced with the strength of a mineral concession or the mineral /mineral product was purchased from any duly authorised producer or dealer. If that person fails to produce sufficient evidence to that effect, the mineral/mineral product so possessed by him shall be treated as illegally stocked. District Geologist or such authorised officer may recover the mineral or the price and royalty of the mineral so possessed by him. In the case of recovery of minerals/mineral products, any authority under clause (ii) or (iv) of sub-rule (1) of Rule 2 may sell the minerals by public auction.
Note:-- In this rule, the price of the minor mineral shall be limited to four times the royalty.]
Every dealer under these rules shall allow the competent authority or District Geologist or any authorised officer under these rules to enter with or without notice any premises where minerals are stocked/ processed and stocked and to inspect, check and verify the stock therein.
Every producer or dealer under the Act or the rules made thereunder shall afford the competent authority or District Geologist or any authorised officer under these rules all facilities for checking of the accounts and verifying the stock of minerals or processed minerals, as the case may be, and shall furnish fully and correctly any information in his possession. In such cases if the authorised officer has reason to believe that the person has stored or sold minerals in violation of the provisions of the Act and the rules made thereunder such officer may proceed against the person under 1[sub-section (2)] of Section 21 of the Act.
In the case of breach of any conditions prescribed in the licence by the dealer, the Competent Authority or Authorised Officer shall give a notice in writing to the dealer requiring him to show-cause why action should not be taken against him for the violation of the Act or Rules made thereunder. If within thirty days from the date of receipt of said notice the dealer fails to show-cause and/or to satisfy the conditions in the licence within such period, the Competent Authority or Authorised Officer without prejudice to any other action may cancel the licence:
Provided that no such action shall be taken without giving an opportunity of being heard to the dealer.
1[(1) Every producer or dealer of mineral or its products under these rules shall give valid mineral transit passes in form O(A) of these rules to every purchaser or person-in-charge of the carrier transporting the mineral from mine or sales depot or mineral processing unit in the manner stipulated in rule 26.]
(2) A holder of dealer's licence under these rules or mining lease/quarrying lease/prospecting license under Mineral Concession Rules, 1960 2[or Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession Rules, 2016 or Atomic Mineral Concession Rules, 2016]/Granite Conservation and Development Rules, 1999 or quarrying permit under Kerala Minor Mineral Concession Rules, 2015/special mineral concession under Rule 14, 104, 105, 106 or 107 of Kerala Minor Mineral Concession Rules, 2015 shall apply to the District Geologist in Form L and in Form N for obtaining movement permit in Form M and mineral transit passes in Form O(A) respectivel
(1) Every dealer or producer under these rules, before he sells or transports or causes to transport minerals shall obtain mineral transit passes in Form O(A) of these rules with the name, seal and signature of the authorised officer concerned in the original of such passes and while he sells or transports or causes to transport minerals shall prepare the pass in duplicate 1[in accordance with the conditions mentioned therein] and give the original of it to every purchaser or driver or person-in-charge of any carrier used in carrying the minerals.
2[x x x x]
(3) The purchaser or driver or person-in-charge of the carrier, as the case may be, shall produce the valid mineral transit pass at the time of inspection and verification as required by the competent authority or authorised officer in this behalf.
3[Provided that a mineral transit pass shall be deemed invalid if it is not prepared in accordance with the conditions specified
(1) (a) Any person aggrieved by any order made by the competent authority or authorised officer under these rules, as the case may be, may within two months from the date of receipt of the order to him, prefer an appeal in Form P to the Appellate Authority appointed by the Government in this behalf by notification in the Gazette.
(b) Any person aggrieved by an order of the Appellate Authority under Clause (a) may, within one month from the date of receipt of such order to him, prefer a second appeal in Form P to the Final Appellate Authority appointed by the Government in this behalf by notification in the Gazette:
Provided that any such appeal, under Clause (a) or Clause (b), may be entertained after the period specified therein if the appellant satisfies the Appellate Authority or Final Appellate Authority, as the case may be, that he had sufficient cause for not making the appeal in time.
(c) Every appeal memorandum, under Clause (a) and Clause (b) shall be
(1) Where an appeal is made under Clause (a) or Clause (b) of sub-rule (1) of Rule 27, the Appellate Authority or the Final Appellate Authority, as the case may be, may confirm, modify or set aside the order appealed against or pass such other order in relation thereto as it may deem just and proper. The order passed by the Final Appellate Authority shall be final and binding on the parties.
(2) No order shall be passed in appeal, against any person affected unless he has been given a reasonable opportunity of being heard.
(3) Pending the disposal of an appeal or second appeal the Appellate Authority/Second Appellate Authority may stay the execution of the order appealed against.
(1) Any contravention of sub-section (1) and sub-section (1A) of section 4 of the Act shall be liable for punishment under subsection (1) of section 21 of the Act.
(2) Any contravention of the provisions of these rules shall be liable for punishment under sub-section (2) of section 21 of the Act.
(3) Whenever a minor mineral concession holder extracts any minor mineral in contravention of the approved mining plan or scheme of mining, the State Government may recover from such person the mineral so extracted, or, where such mineral has already been disposed of, the State Government may recover the price and royalty of mineral so extracted.
(4) Whenever a minor mineral concession holder extracts and transports any minor mineral without payment of advance royalty, the State Government may recover the price and the royalty of mineral so extracted and transported.
Note:-- In this rule, the price of the minor mineral shall be limited to four times the royalty o
No Court shall take cognizance of any offence punishable under these rules except upon complaint in writing made by a person authorised under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 or Clause (ii) of Rule 2 of these rules, by the State Government or the competent authority.
Any person authorised under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 or Clause (ii) of Rule 2 of these rules who seizes illegally transported or stored mineral or its products along with tools, equipments or carrier shall give receipt of the same in Form Q of these rules to the person from whose possession such things are so seized.
(1) Any offence punishable under these rules may, either before or after the institution of the prosecution, be compounded by the person authorised under Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957 or Clause (ii) of 1[sub-rule (1) of] Rule 2 of these rules to make a complaint to the Court with respect to that offence, on payment to that person, for credit to the Government, of such sum as that person may specify:
Provided that in the case of an offence punishable with fine only, no such sum shall exceed the maximum amount of fine which may be imposed for that offence.
(2) Where an offence is compounded under sub-section (1) no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be released forthwith.
The Police Officers and Officers of the Department of Land Revenue shall render necessary assistance to the Competent Authority or the authorised officer in the exercise of his powers under these rules in the matter of prevention of illegal mining, stocking and transportation of minerals.
The Competent Authority shall charge simple interest at the rate of 12% per annum on any rent, royalty, price of mineral or any other sum due to the Government under the Act or
these rules from the sixtieth day of the expiry of date fixed by the Authority for payment of such sum and until payment of such sum is made.]
Government may allow collection of any rent, royalty, tax, fee, price of mineral or other sum due to the Government under these rules in monthly instalments, not exceeding maximum six instalments.]
not included
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
