Kerala Minor Mineral Concession Rules, 1967
These rules may be called the Kerala Minor Mineral Concession Rules, 1967.
These rules shall come into force with effect from the date of their publication in the official **Gazette and shall apply to all lands in the state of Kerala.
In these rules, unless the context otherwise requires:-
(i) "Act" means the Mines and Minerals (Regulation and Development) Act. 1957 (Act 67 of 1957)
(ii) "Section" means a section of the Act. .
(iii) "Government" or "State Government" means the Government of Kerala.
(iv) "Competent authority" means the authority or officer appointed by the State Government by notification in the Gazette to exercise the powers and perform the functions of the competent authority under these rules;
1[(ivA) Consolidated Royalty Payment System (CRP System) means quarries of Granite/Laterite building stone opted for payment of consolidated royalty per annum @ specified in schedule V;]
2[(ivB) "Consolidated Royalty Payment System (CRP System) for Granite Dimension Stones" means a mode of advance payment of consolidated royalty for extraction and removal of Granite Dimension Stones specified in item 3 of Schedule I of these rules by the less
1[(1) Grant of quarrying permit:- On application made to it the competent authority or an officer authorised by it in this regard may grant a quarrying permit to any Indian National to extract and remove from any specified land within the limits of its jurisdiction any minor mineral 2 [except for dimension stones as specified in Rule 8A] not exceeding 10,000 tonnes in quantity under one permit, on payment of such royalties in advance as the competent authority or the officer concerned may fix on the basis of the rates specified in schedule I and also on payment in advance of such surface rent and cesses as may be assessable on the lands:
Provided that the competent authority or the officer authorised by it in this regard may reduce the quantity applied for or refuse to grant such permit for reasons to be recorded in writing:
3[Provided further that in the case of quarrying of ordinary clay for the manufacture of tiles, bricks earthenware a
(1) An application for a quarrying permit shall be made in Form A and shall contain the following particulars, namely: -
(a) name, address, profession and nationality of the applicant;
(b) name and quantity of the minor mineral for which the permit is required;
(c) description such as, location, survey number etc. of the lands from which the minor mineral is to be extracted and removed;
(d) purpose for which the minor mineral is to be used.
(2) Every application for a quarrying permit shall be accompanied by an attested copy of the survey map of the area, attested by an officer not below the rank of a 1[Tahsildar or Deputy Tahsildar (Headquarters)]. The area shall be coloured red in the map.
(3) Every application for a quarrying permit shall, if the lands from which the minor mineral is to be extracted are occupied lands, be accompanied by a letter from the occupant of such lands, to the effect that h
1[ In the case of application for quarrying permit under Consolidated Royalty Payment System, the application shall be made in Form-T in duplicate along with Possession and Enjoyment Certificate and survey map of the area duly attested by an officer not below the rank of a Village Officer.
Provided as (a), (b), (c) and (d), the applicant is not the land owner, consent letter shall be submitted in stamp paper worth Rs. 50 from the land owner].
(1) The application shall be accompanied by a fee of 2[Rs. 200 (Rupees two hundred only) for all minor minerals except for the dimension stones as stated in sub-rule (1A) below]
3[(1A) Every application for quarrying permit in respect of dimension stones as specified in rule 8A shall be accompanied by a fee of Rs. 5000 (Rupees Five thousand only)].
(2) The amount of fee shall be remitted in any of the State Government treasuries to the credit of the 4[Department of Mining and Geology under relevant receipt head of account of the Department] and the treasury receipted chalan shall be attached to the application.
(1) The receipt of an application for a quarrying permit shall be acknowledged in form D within three days of the receipt of the application;
(2) The officer receiving such application shall enter on it the date on which and the hour at which the application has been received by him.
1[[(1) Every quarrying permit except for ordinary earth granted under rule 4 shall be subject to the following conditions, namely:-
(a) that the depth of the pit below surface shall not exceed 6 metres except in the case of extraction of granite stones and laterite stones:
Provided that in the cases of quarries of granite (building stones) and laterite (building stones) where the depth of the pit exceeds 6 metres the sides of open workings shall be sloped, stepped or benched or secured by the permit holder in such a manner so as to prevent danger from fail of material. When an open working is worked in steps such steps shall be of sufficient breadth in relation to their height to secure safety. In an excavation in any hard and compact ground the sides shall be adequately benched, sloped or secured so as to prevent danger from fall of sides. No trees, loose stone or debris shall be allowed to remain within a distance of three metres from the edge or side
The different varieties of granite and other crystalline rocks are classified as (i) Dimension stones which included all types of granites, dolerite, charnockite, leptynite and other crystalline rocks of Acid, Intermediate, basic and ultrabasic groups of igneous and metamorphic origin which are suitable for cutting to pre-determined sizes, polishing, carving and aminable for making value-added products in decorative monumental and ornamental fields of industry as a high-value item and (ii) all those group of rocks specified above in sub-item (1) which are not suitable for using as dimension stones as specified therein, but can be used as ordinary building stones, road metal, rubble and ballasts after breaking into irregular pieces by blasting or otherwise as low value item with different rates of royalty, dead rent.
Note.--Indulgence of quarrying or raising a high value item of dimension stone with the permit/lease taken for ordinary low value items of granite and othe
1[x x x x]
2[(1) Where two or more persons have applied for a quarrying permit in respect of the same land, the applicant whose application was received earlier shall have a preferential right for the grant of the permit over the applicant whose application was received later, provided the earlier application satisfies all the conditions laid down in these rules.
(2) The area granted under a quarrying permit shall be a contiguous unit.]
On application made to him in form 'A', a private person in whom is vested the mineral rights in the lands owned by him may grant a quarrying permit to any Indian National to extract and remove from a specified land any minor mineral not exceeding 10,000 tonnes in quantity under one permit under the same conditions as specified in chapter II under which the competent authority or the officer authorised by him in that regard may grant a quarrying permit in respect of lands in which the minerals vest in Government.
The private person who may grant a quarrying permit under rule 10 shall submit to the competent authority or any officer empowered by him in this regard an attested true copy of the permit issued by him to any person, within 30 days of its grant.
If the state Government or competent authority has reason to believe that the grant of a quarrying permit is in contravention of any of the provisions of this chapter, the state Government or the competent authority may, after giving the parties an opportunity of being heard, direct the parties concerned not to undertake any quarrying operations in the area to which the permit relates.
The provisions in chapter II shall apply in relation to grant of quarrying permit in respect of lands in which minerals vest partly in Government and partly in a private person. Provided that the royalty, surface rent and cesses, if any, payable shall be shared by the Government and by the private person in proportion to the shares they have in the minerals.
In granting the quarrying permit the competent authority shall treat the land as land in which the mineral vest in Government and issue permit to extract the specified quantity of the mineral. Provided that if the private person is able to produce valid documentary proof to show his share in the royalty, surface rent, and cesses, if any, during the currency of the permit, the competent authority shall after getting a clearance certificate from the concerned Revenue Authorities make arrangements to pay him his share from the collection already made from the quarrying permit holder:.
Provided further that where the applicant for the quarrying permit is the private person and where he produces along with the application valid documentary proof in regard to his share in the mineral rights, the competent authority shall, after getting a clearance certificate from the concerned Revenue authorities, and after collecting the Government's share in the royalty, surface rent, and cesses
The provisions of this chapter shall apply only to the grant of quarrying leases in respect of lands in which the minor minerals vest exclusively in the state Government.
Quarrying leases under this chapter shall be granted only to the Indian Nationals:
Provided that a quarrying lease may be granted by the state Government to a person who is not an Indian national with the previous approval of the Central Government.
(1) The holder of a mining lease granted on or after the commencement of these rules shall pay royalty in respect of any mineral removed by him from the land in respect of which the lease has been granted at the rates specified in schedule I in respect of the mineral.
1[[(IA) The holder of quarrying lease for Granite Building Stone may opt for the Consolidated Royalty Payment System as per schedule V provided the leaseholder is not having metal crusher unit].
2l(IB) The holder of a quarrying lease for extraction and removal of Granite Dimension Stones as specified in item 3 of Schedule 1 of these rules may opt for the payment of consolidated royalty at the rates specified in Schedule VI. The period of movement permit for removal of Dimension Stones on payment of such royalty shall be for the financial year for which it is granted and the period shall expire on the 31st of March every year unless it is rescinded by the competent authority earlier.]
(2
(1) The application for the grant of 1[quarrying lease or] renewal of a quarrying lease shall be made to the competent authority in form 'B'
2(1A) Every application for grant of quarrying lease or renewal of quarrying lease in respect of dimension stones as specified in the classification in rule 8A shall be accompanied by a fee of Rs. 10,000 (Rupees Ten Thousand only)].
(2) Every such application shall be accompanied by:-
(a) a fee of 3[Rupees One Thousand for all minor minerals, except dimension stones] and
(b) an income-tax clearance certificate in from 'C' from the income-tax officer concerned.
4[(c) The applicant should indicate in their application their plan for waste disposal and the area provided for the same.
(d) The applicants also should indicate their plan of reclamation, and plans for minimising the adverse environmental and ecological impacts due to degradation of land and destruction of sce
(1) Where an application for the grant or renewal of quarrying lease is delivered personally, its receipts shall be acknowledged forthwith.
(2) In all other cases, the receipt of such application shall be acknowledged in form 'D' within three days of the receipt.
(3) The Officer receiving such application shall enter on it the date on which and the hour at which the application has been received by him.
(1) Where two or more persons have applied for quarrying lease in respect of the same land, the applicant whose application was received earlier shall have preferential right for the grant of the lease over an applicant whose application was received later.
(2) The state government or the competent authority may, for special reasons to be recorded, grant a quarrying lease to an applicant whose application was received later in preference to an applicant whose application was received earlier.
(3) Where the area is large enough, the State Government or the competent authority may divide the area into blocks keeping in view of the size and shape conducive to economic mining and give the applicant whose application was received earlier such of the blocks as he may select.
(1) On receipt of an application for the grant or renewal of a quarrying lease the competent authority, on making such enquiries as is found necessary, may sanction the grant or renewal of quarrying lease to the applicant or refuse to sanction it.
(2) An application for the grant of a quarrying lease shall be disposed of within six months from the date of its receipt.
(3) An application for the renewal of a quarrying lease shall be disposed of within three months from the date of its receipt,
(4) If any application is not disposed of within the period specified in sub-rule (2) or sub-rule (3), it shall be deemed to have been refused.
Where the competent authority passes any order refusing to grant or renew a quarrying lease, the reason thereof shall be communicated in writing to the person against to whom such order is passed, within 30 days of the date of the order.
Where an application for the grant or renewal of a quarrying lease is refused or deemed to have been refused under rule 21 or the applicant refuses to accept the lease on account of any conditions imposed under rule 29, the fee paid by the applicant under clause (a) of sub-rule (2) of rule 18 shall be refunded to him.
Except in case of a quarrying lease for sand or Kankar, the length of an area held under a quarrying lease shall not exceed four times its breadth: Provided that in case of bedded deposits, the length shall not be more than twice the breadth measured along the dip.
The boundaries of the area covered by a quarrying lease shall run vertically downwards below the surface towards the centre of the earth.
(1) The area granted under the quarrying lease shall be a contiguous unit.
(2) No lessee shall ordinarily hold in the aggregate more than 2 square kilometers of area under lease in respect of one minor mineral within the state of Kerala.
In the case of unsurveyed lands and in cases where, the area is not bounded by the boundary or boundaries of existing survey numbers, arrangements shall be made at the expense of the lessee for the survey and demarcation of the area granted under the lease. In all other cases, copy of the survey map of the area attested by the local Revenue authority not below the rank of a Tahsildar or Assistant Director of the Department of Survey and land Records shall be accepted as sufficient document to specify the area.
(1) The period for which a quarrying lease may be granted 1[for all minor minerals except for dimension stones] shall not exceed 2[12 years] except in the case of 3[a quarrying lease for ordinary clay granted to the] cement manufacturers in which case the maximum period shall be 20 years. The quarrying lease may be renewed for one or two periods not exceeding the period for which the quarrying lease was originally granted.
4[(lA) In respect of dimension stones as specified in item 3 of Schedule I of these rules, the period of lease shall not exceed 10 years.]
(2) When renewal is granted, dead rent, royalty and surface rent shall be charged at the rates in force at the time of renewal.
(1) Every quarrying lease shall be subject to the following conditions, and such conditions shall be incorporated in every quarrying lease deed-
(a) The lessee shall report to the authority who has sanctioned the lease, the discovery in the leased area of any mineral not specified in the lease within 15 days of such discovery;
(b) If any mineral not specified in the lease is discovered in the leased area, the lessee shall not win or dispose of such mineral unless a separate lease is obtained therefor under the relevant rules and if he fails to apply for such a lease within six months from the discovery of the mineral the State Government may grant a lease in respect of such mineral to any other person;
(c) The lessee shall pay to the State Government royalty on any mineral moved out of the quarry hold at the rates specified in schedule I as may be fixed by the State Government from time to time.
1[provided that in the case of quarrying leaseholder th
Subject to the conditions mentioned in rule 29 the lessee with respect to the land leased to him, shall have the right for the purpose of mining operations on that land
(a) to work the mines.
(b) to sink pits and shafts and construct building and roads;
(c) to erect plant and machinery;
(d) to quarry and obtain buildings and road materials and make bricks, but not for sale;
(e) to use water and take timber;
(f) to use land for stacking purposes;
(g) to do any other thing specified in the lease.
(1) An applicant for quarrying lease shall, before the deed referred to in rule 32 is executed, deposit as security a sum of 1[one thousand rupees for all minor minerals except dimension stones] only for the due observance of the terms and conditions of the lease.
2[(2) In the case of dimension stones in rule 8A the security deposit shall be Rs. 10,000 (Rupees Ten thousand only) per hectare. The security amount shall be refundable on the expiry of period of lease after deducting penalties if any]
(3) The security deposit shall be remitted to the credit of the State Government to the remittance head of account as the Government may by special order specify in this regard.
(1) Where a quarrying lease is granted, a lease deed in form H shall be executed within three months of the order or within such further period as the State Government or the competent authority may allow in this behalf, and if no such lease deed is executed within the said period due to any default on the part of the applicant, the State Government or the competent authority may revoke the order granting the lease, and in that event the application fee shall be forfeited to the State Government.
(2) The date of commencement of the period for which a quarrying lease is granted shall be the date on which the deed is executed under sub-rule (1)
All quarrying leases granted under this chapter shall be registered in accordance with the provisions of the Indian Registration Act, 1908 (Central Act 16 of 1908).
The lessee may with the previous sanction of the State Government or the competent authority assign, sublet or transfer his lease or any right title or interest therein to any person on payment of a fee of one hundred rupees to the State Government provided he has paid all the outstanding dues to Government.
The lessee shall be responsible for implementing the provisions of the various labour laws applicable, from time to time, to the quarry:
Provided that where the lease or any right, title or interest therein has been assigned, sublet or transferred as provided in rule 34, then the person in whose favour such assignment, sub-lease or transfer has been made shall be responsible for implementing the provisions of the various labour laws applicable, from time to time, to the quarry].
The lessee may determine the lease at any time by giving not less than six months notice in writing to the State Government or the competent authority after paying all outstanding dues to the State Government.
(1) A Register of applications for quarrying leases shall be maintained by the competent authority in Form 'L'.
(2) A Register of quarrying lease shall be maintained by the competent authority in from 'J'
Applications for the grant or renewal of the quarrying leases pending at the commencement of these rules shall be disposed of in accordance with the provisions of these rules.
The provisions of this chapter shall apply to the grant of quarrying leases in respect of lands, the minor minerals in which vest exclusively in a person other than the State Government.
On an application made to him in form B, a private person in whom is vested the mineral right in the lands owned by him may grant a quarrying lease to any person subject to the restrictions specified below:
(i) No quarrying lease shall be granted to any person unless he produces along with his application in form B an income tax clearance certificate in form 'C' from the income tax officer.
(ii) No quarrying lease shall be granted to any person who is not an Indian National.
Provided that a quarrying lease may be granted to a person who is not an Indian National with the previous permission of the State Government. The State Government shall obtain the approval of the Central Government before granting and permission.
Every quarrying lease shall be subject to the following conditions, namely:
(i) the provisions of clauses (b) to (p) of rule 29 relating to conditions of quarrying lease shall apply to such leases with the modification that in clauses (c), (d) and (p) for the words "State Government", the word "lessor" shall be substituted and in clause (p) the words "competent authority" shall be omitted.
(ii) the provisions of rule 24 shall apply to such leases;
(iii) the lease may contain such other conditions not being inconsistent with the provisions of the Act and these rules, as may be agreed upon between the parties;
(iv) if the lessee makes any default in payment of royalty or commits a breach of any of the conditions of the lease, the lessor shall give notice to the lessee requiring him to pay the royalty on remedy the breach, as the case may be, within thirty days from the date of the receipt of the notice and if the royalty is not paid or the breach is not re
All quarrying leases granted under this chapter shall be registered in accordance with the provisions of the Indian Registration Act, 1908 (Central Act 16 of 1908).
Every lessor granting a quarrying lease shall, within one month of the grant of the lease, submit to the State Government or the competent authority a copy of the lease order.
The lessee obtaining a quarrying lease shall, within one month of the date of registration of the lease deed, submit to the State Government or the competent authority a registered copy of the lease deed.
No quarrying lease shall be transferred to a person unless he be an Indian National and holds an Income Tax clearance certificate in form 'C' from the Income Tax officer concerned.
Every transferee or assignee of a quarrying lease shall within 30 days of such transfer on assignment inform the State Government or the competent authority of the transfer or assignment and submit to the State Government or the competent authority one registered copy of the agreement entered into in that regard.
If the State Government or the competent authority has reason to believe that the grant or transfer of quarrying lease is in contravention of any of the provisions contained in this chapter, the State Government or the competent authority may, after giving the parties an opportunity to represent their views within a specified period, direct the parties concerned not to undertake any quarrying operations in the area to which the lease relates.
The holder of a quarrying lease shall furnish to the State Government or the competent authority such information and statements within such period as may be required by them on it, as the case may be.
The provisions . contained in Chapter V shall apply in relation to the grant of quarrying leases in respect of minor minerals which vest partly in the Government and partly in a private person, as they apply in relation to the grant quarrying lease in respect of minor minerals which vest exclusively in the Government:
Provided that the dead rent and royalty payable in respect of minor minerals which partly vest in the Government and partly in a private person shall be shared by the Government and by the private person in proportion to the shares they have in the minor minerals. If the applicant or the land owner is not able to produce valid documents to prove the land owner's share in the mineral rights, the quarrying lease shall be granted treating the mineral as belonging exclusively to the Government.
Provided further that the land owner shall be given a registered notice to this effect and granted a period of three months or any extension of period as the State Gov
No person, other than a quarrying permit or a quarrying lease holder, shall stock, sell or offer for sale any minor minerals mentioned in schedule I in any place in the state, except under a dealer's licence issued under the seal and signature of the competent authority, if Government have issued no notification to that effect in the case of any minor mineral in the whole state or in any particular area.
(a) Every application for dealer's licence shall be made to the competent authority in Form 'K'
(b) Every such application shall be accompanied by:
1[(i) a treasury receipted chalan for the amount of fee at the rates shown in schedule III of the rules; remitted under the relevant receipt head of the Department]. 2[x x x x]
(ii) a location map showing the exact location of the sales Depot (Survey No. and other details of the place on which such a Depot is situated).
3[(iii) a consent letter from the owner/person in possession of the property in which the sales depot is situated, in case the property is not possessed by the applicant himself].
(c) Every application for renewal of dealer's licence shall be made, atleast one month before the date on which the licence is due to expire, accompanied by a Treasury Chalan for the fee at the rate shown in schedule III, remitted in the Departmental Head of
(1) On receipt of an application for the grant of a dealer's licence or for its renewal the competent authority after making such enquiry as it thinks fit may grant or renew a licence in form 'L' or refuse to grant a licence.
(2) Every licence issued under sub-rule (1) shall be subject to such conditions and restrictions as may be specified therein and to the provisions of the Act and Rules.
(3) Every licence issued under sub-rule (1) shall show therein the name of minor mineral and its varieties authorised to be sold or to be offered for sale by the dealer and the particulars of the premises where the minor minerals are stocked for sale.
Grant or refusing.- In granting or refusing a dealer's licence under sub-rule (1) of rule 48-C the competent authority shall take into consideration the following matters, namely:-
(i) The sales depot for any minor mineral owned by any co-operative society in the locality;
(ii) The number of licenced dealers selling the minor mineral in the area,
(iii) The number of workers engaged in the work relating to the minor mineral burning in the locality and their requirements;
(iv) Availability of the minor mineral of the kind required for sale;
(v) General demand for the minor mineral, and
(vi) Demand for agricultural purpose in the locality.
Every dealer shall display the licence granted to him under sub-rule (1) of rule 48-C in a prominent place in a part of the premises open to the public.
A Dealer shall maintain in Form 'M' a record of all purchases and sale effected by him of each minor mineral showing the particulars of the source and quantity of purchase and of the persons to whom sold and a stock register in Form 'N' and such other records, if any, as the competent authority may specify and such records shall be open to inspection by the competent authority or of any other person authorised in this behalf by the competent authority.
Every dealer shall within seven days of the dose of each month submit to the competent authority a return in Form '0' of the total purchase and sale effected by him during the month. Separate statement of accounts shall be furnished for each minor mineral if the dealer is having licences for more than one minor mineral.
A true copy of the dealer's licence may be issued to the dealer on payment of 1[one hundred rupees] if the competent authority is convinced that the original licence is damaged, defaced or lost.
If a dealer fails to comply with any of the conditions of the licence or any of the provisions of the Act, Rule or orders in this regard, the competent authority may by an order in writing rescind the licence issued under these Rules.
The period of a dealer's licence shall be for the financial year for which it is granted and the period shall expire on the 31st March every year unless it is rescinded by the competent authority earlier. Provided that a dealer's licence granted in the last quarter of a financial year shall be valid until the 31st day of March of the year next following.
1[Every dealer or producer under these Rules, while selling minor minerals shall give to the purchaser a, cash memorandum in Form-P prepared in duplicate duly with seal and signature of the competent authority or any other officer duty authorised in this behalf and every purchaser, owner, driver, and the person in charge of any vessel, vehicle, etc., it shall produce the Cash Memorandum at the time of inspection and verification as required by the competent authority or by any other person authorised by the competent authority or Government in this behalf. Any consignment of minor mineral without a valid cash memorandum shall be considered as illicit and the competent authority or such authorized person may recover the minor mineral from the person and also seize the receptacles in which the same is found and the carts, vehicles or other conveyances used in carrying the same. The date and time on each Form 'P' issued shall be entered in words and figures by the dealer or
Any person who possesses any minor mineral for consumption or for sale or consumed or sold any minor mineral shall if so required produce sufficient proof to the competent authority or to any other person authorised in this behalf by the competent authority or the Government, to the effect that the minor mineral had been purchased from any duly authorised producer or dealer as the case may be. If he fails to produce sufficient proof to that effect the competent authority or such authorised person may recover the minor mineral or where such mineral has already been disposed of or consumed, the price thereof and also recover from the person the royalty or tax and fine, if any imposed.
(1) Every permit or lease holder shall at all time during the term of the permit or lease keep or cause to be kept at an office to be situated upon or very near the area allotted or leased correct and accurate books of accounts which shall contain accurate entries required by the competent authority such as the quantity of minor mineral daily extracted, consumed quantity sold to whom sold, price, cash memorandum No. etc.
(2) The store or the depot of the producer or the dealer should be situated adjacent to the office. The location of such office and the depot should be intimated to the competent authority before the extraction or purchase of the mineral. If the location of the office or the sales depot is to be changed or to be maintained away from the area allotted or leased the previous written permission of the competent authority shall be obtained.
The holders of quarrying permit, quarrying lease and dealer's licence shall allow any Police Officer not below the rank of Sub-Inspector, the competent authority, or any other person authorised by the competent . authority or the Government in this behalf, to enter with or without notice any premises where minor minerals are stocked and to inspect, check and verify the stock of them.
The producer/dealer shall afford all facilities for the checking of his accounts and verify the stock of minor minerals and shall furnish fully and correctly any information in his possession, as may be required for the purpose of the Act and Rules.
1[(1) Notwithstanding anything contrary contained in any other provisions of these rules, a holder of registered metal crusher unit for production of metals of various size from granite building stones, who is in possession of quarrying lease or permit, as the case may be, shall opt to pay consolidated royalty at the rates specified in Schedule IV instead of paying royalty at the rates specified in Schedule I].
2[(2) The consolidated royalty specified in schedule IV may be remitted in two half yearly instalments commencing from April and October respectively]
(a) Every application for registration of metal crusher unit shall be made to the competent authority or to the persons authorized in this behalf in Form R.
(b) Every such application shall be accompanied by,-
(i) a treasury receipted chalan for the amount of fee at the rates shown in Schedule IV remitted under the relevant receipt head of the Department of Mining and Geology.
(ii) A location map showing the exact location of the registered crusher unit (Survey No. and other details of the place on which such a depot is situated).
(c) Every application for renewal of registration shall be made at least one month before the date on which the license is due to expire, accompanied by a treasury receipted chalan for the fee at the rate shown in Schedule IV remitted under the relevant receipt head of the Department of Mining and Geology. The renewal of the registration shall be granted only to those of the crushers having a valid mineral conce
(1) On receipt of an application for the grant of registration of a metal crusher unit or its renewal, the competent authority after making such enquiry as it deems fit may grant or renew a registration in Form S or refuse to grant a registration.
(2) Every registration issued under sub-rule (1) shall be subject to such conditions and restrictions as may be specified therein and to the provisions of the Act and rules.
Grant or refusal to register metal crusher unit.- In granting or refusing license to a metal crusher unit under sub-rule (1) of rule 48R the competent authority shall take into consideration the following matters, namely: -
(i) The request for registration owned by any co-operative society in the locality possessing valid mineral concession such as quarrying lease or permit.
(ii) The number of registered metal crusher unit in the area.
(iii) Availability of the granite building stones for crushing.
Every registered metal crusher unit shall display the registration granted to him under sub-rule (1) of rule 48R in a prominent place of the premises open to the public.
A true copy of the registration may be issued to the registered metal crusher unit on payment of one hundred rupees if the competent authority is convinced that the original registration is damaged defaced or lost.
If a registered metal crusher unit fails to comply with any of the conditions of the registration or any of the provisions of the Act, Rules, Orders in this regard, the competent authority may, by an order in writing rescind the registration issued under these rules.
The period of registration shall be for the financial year for which it is granted and the period shall expire on the 31st march every year unless the competent authority rescinds it earlier.
The owner or agent of a registered metal crusher unit shall cause to issue cash bills on every consignment despatched from the premises of the registered metal crusher unit showing therein the registration number allotted by the competent authority together with the details of remittance of consolidated royalty, duly authenticated by the competent authority or the persons authorised in his behalf.]
The owner or agent of a registered metal crusher unit shall issue a valid cash memorandum for every consignment despatched from the crusher unit in Form 'P' of these rules duly authenticated by the competent authority or the persons authorized in this behalf as stipulated in rule 48K]
(1) (a) Any person aggrieved by any order made by the competent authority or authorised officer, as the case may be under these rules, may, within two months from the date of communication of the order to him, prefer an appeal in form 'Q' to the Appellate Authority appointed by the State 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 communication of such order to him, prefer a second appeal in form 'Q' to the final Appellate Authority appointed by Government in this behalf by notification in the Gazette.
Provided that any such appeal, under clause (a) or clause (b), maybe entertained after the period specified therein of 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 cl
Where an appeal is made under clause (a) or clause (b) of sub rule (1) of rule 49, the Appellate Authority or the Final appellate authority, as the case may be, may confirm modify or set aside the order or pass such other order in relation there to as it may deem just and proper. The order passed by the Final Appellate Authority shall be final and Binding on the parties.
The competent authority or the appellate authority in case its orders have not been challenged in appeal under clause (a) or clause (b) of sub-rule (1) of rule 49, as the case may be, or the final Appellate Authority may, on its own motion or an application by the interested party, review any order passed by it and pass such orders in reference thereto as it may deem fit.
No order under rules 50 and 51 shall be passed against any person interested, unless he has been given a resonable opportunity of being heard.
Pending the final disposal of an appeal, second appeal or review the Competent Authority, appellate authority or the final appellate authority, may, as the case may be for sufficient cause, stay the execution of the order against which appeal, second appeal or review has been made.
The State Government or the competent authority may, at any time within one year from the date of the order passed by them or it under these rules on its own motion rectify any mistake or error which had been brought to its notice by an applicant for the grant of a quarrying lease:
Provided that no such rectification having or purporting to have a prejudicial effect on another applicant for the grant of the quarrying lease shall be made unless the State Government or the competent authority, as the case may be, have or has given such applicant notice of their or its intention to do so and have allowed him reasonable opportunity of being heard.
In any cases or class of cases in which the State Government or the competent authority are or is of the opinion that public interest so requires, they or it may grant a quarrying lease on the terms and conditions other than those prescribed in these rules.
Notwithstanding anything contained in the foregoing provisions, the State Government or the competent authority may sell by public auction or otherwise dispose of the right to remove any minor minerals in which cases or classes and on such terms and conditions as they or it may deem fit.
(1) Quarrying for domestic or agricultural purposes
(a) 1[In cases of levelling of ground for construction of residential building, creation of play ground for public purpose, construction of canals, wells, roads or for agricultural and such other purposes where extraction of minor mineral is inevitable, the State Government may grant special permit on terms and conditions, that it may specify, other than those prescribed in these rules on the basis of an application by interested parties along with a sworn affidavit in this regard in stamp paper worth Rs. 50. They shall be exempted from obtaining quarrying permit or quarrying lease and payment of royalty for removing of minor minerals. This concession shall be limited to a quantity of mineral, the royalty for which according to item No. 4 of scheduled I rate does not exceed Rs. 5,000. For quantities exceeding this limit royalty at the scheduled rates should be paid.]
(b) Quarrying of minor minerals by any per
(1) 1[Whoever contravenes any provision of these rules shall be punishable with imprisonment for a term which may extend to 2[one year, or with a fine which may extend to five thousand rupees or with both and in the case of continuing contravention, with an additional fine which may extend to five hundred rupees] for every day during which such
contravention continues after conviction for the first such contravention.
(2) Whenever any person raises, without any lawful authority any minor mineral from any land, the State Government may recover from such person the mineral so raised or, where such mineral has already been disposed of, the 3[x x x x] and may also recover from such person, rent, royalty or tax, as the case may be, for the period during which the land was occupied by such person without any lawful authority.]
4[Provided that in case of Government land seigneorage shall be realized in addition to the royalty:
No Court shall take cognizance of any offence punishable under these rules, except upon complaint in writing made by a person authorised in this behalf by the State Government or the competent authority. The name or the designation of such person shall be published in the Gazette.
(1) If the person committing an offence under these rules is a company, every person who at the time the offence was committed was in charge of, 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) Notwithstanding anything contained in subrule (1), where an offence under these rules has been committed with the consent or connivance of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explan
(1) Any offence punishable under these rules may, either before or after the institution of the prosecution be compounded by the person authorised under rule 59 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-rule (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.]
All sums found due to the Government under or by virtue of these rules may be recovered under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of land revenue and in such other manner as the Government may deem fit.]
The competent authority or an officer authorised by it in this behalf, shall if necessary request in writing for the help of the local police and the police authorities shall render such assistance as is necessary to enable the officer to exercise the powers conferred on it or him by these rules in the matter of stopping illicit mining and preventing unauthorised movement of minerals.
The State Government or the competent authority with the previous sanction of the State Government may, by notification in the Gazette, delegate all or any of the powers vested in them or it to any officer or class of officers under them or it. as the case may be.
The Madras Minor Mineral Concession Rules, 1956 as in force in the Malabar District referred to in sub-section (2) of section 5 of the States, Reorganization Act, 1956 and all other rules or executive instructions in force relating to the extraction of minor minerals in any part of the State of Kerala immediately before the commencement of these rules shall cease to be in force except as regards things done or omitted to be done before such commencement.
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