Kerala Minor Mineral Concession Rules, 2015
- (1) After scrutiny of the documents and site inspection, the applicant for quarrying permit or quarrying lease shall submit the Drone -LiDAR survey report regarding the reserve of the mineral in the applied area as estimated by the Competent Agency prior to the grant of Letter of Intent:
Provided that, if the applied area is not virgin, the extracted quantity shall also be included in the Drone - LiDAR survey report.
(2). Quarrying permit holders and quarrying lease holders, including the existing quarrying permission holders, shall submit the Drone -LiDAR survey report at the time of submission of scheme of mining and mine closure plan or any other situation as
warranted by the competent authority:
Provided that, if the competent authority insists for Drone -LiDAR Survey in a situation other than scheme or progressive/final mining closure plan submission, it shall be with the prior approval of the Government.
(3). Notwithstanding anything contained
Section Rule 88A of the Kerala Minor Mineral Concession Rules, 2015, pertains to the regulation of minor mineral concessions, specifically addressing the procedures and conditions related to the transportation, storage, and sale of minor minerals, including provisions for penalties and enforcement. It forms part of the comprehensive framework enacted by the Kerala government under the powers conferred by the Mines and Minerals (Development and Regulation) Act, 1957, and aims to regulate illegal mining, transportation, and trade of minor minerals within the state.
Section Rule 88A establishes the authority and procedures for the issuance of permits, transit passes, and licenses for the transportation and storage of minor minerals. It prescribes the conditions under which such permits can be granted, the process of application, and the penalties for contravention. It also delineates the powers of authorities to inspect, seize, and prosecute violations related to the illegal movement of minor minerals, emphasizing compliance with statutory provisions and environmental safeguards.
The rule applies to all entities involved in the transportation, storage, or sale of minor minerals within Kerala, including contractors, traders, and government agencies. It covers both legal and illicit activities, aiming to prevent illegal mining and trade. It also extends to inter-state movement of minerals, requiring compliance with transit regulations and permits issued by authorities. The scope includes enforcement actions against violations, seizures, and penalties under the provisions of the Kerala Minor Mineral Concession Rules, 2015, and related statutes.
Violations under Rule 88A attract penalties such as:- Fines: Imposed for illegal transportation, storage, or non-compliance with permit conditions.- Imprisonment: For serious contraventions, including illicit mining or transportation without permits.- Seizure and confiscation: Of minerals, vehicles, tools, and equipment used in illegal activities.- Legal proceedings: Initiated under the Kerala Minor Mineral Concession Rules, 2015, and the Mines and Minerals (Development and Regulation) Act, 1957.- Appeals: Available to aggrieved parties under prescribed procedures.
This concise legal commentary highlights the scope, provisions, and judicial backing of Section Rule 88A under the Kerala Minor Mineral Concession Rules, 2015, emphasizing the importance of lawful permits, environmental compliance, and strict penalties to regulate minor mineral activities effectively.
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 under the quarrying lease shall be a contiguous unit and shall not be less than one hectare:
Provided that in the case of renewal of quarrying lease the restrictions in minimum area shall not be applicable.
8[Provided further that in the case of silica sand, the restrictions in minimum area for grant and renewal of quarrying lease shall not be applicable.]
(2) No lessee shall ordinarily hold in the aggregate more than 2 square kilometres of area under lease in respect of one minor mineral within the State of Kerala.
(1) The minimum period for which a lease may be granted shall be five years.
(2) The maximum period for which a lease may be granted shall be 1[twelve]years;
(3) In the case of renewal of a quarrying lease, the dead rent, royalty and surface rent shall be charged at the rates in force at the time of renewal and also at the rates in the amendments made in these rules from time to time;
(4) A quarrying lease may be renewed for a period not exceeding 2[15] years subject to the condition that the renewal shall not be for a period exceeding the period for which lease was originally granted.
(1) Every quarrying lease shall be subject to the following conditions and/or any other conditions that may be imposed by the competent authority and such conditions shall be incorporated in every quarrying lease deed,-
(a) the lessee shall report to the competent authority, the discovery in the leased area of any mineral not specified in the lease within fifteen 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 therefore under the relevant rules and if he fails to apply for such a lease within six months from the discovery of the mineral, the Government may grant a lease in respect of such minerals to any other person;
(c) the lessee shall pay to the Government royalty on any mineral moved out of the lease hold at the rates specified in Schedule I 1[x x x x]
(d)&nb
Subject to the conditions mentioned in Rule 40, 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 to make bricks, but not for sale;
(e) to use water;
(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 43 is executed, deposit as security a sum of ten thousand rupees per hectare for all minor minerals (except dimension stones) only for the due observance of the terms and conditions of the lease.
(2) In the case of dimension stones the security deposit shall be twenty thousand rupees 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;
(4) The security deposit stipulated in this rule is in addition to the financial guarantee mentioned in Rule 62.
(1) Where a quarrying lease is granted, a lease deed in Form H shall be executed within six months of 1[the order granting lease] or within such further period as the 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 Government or the competent authority may revoke the order granting the lease, and in that event the application fee shall be forfeited to the 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) and the quarrying shall be started only after registration of quarrying lease deed under Rule 44.
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).
1[Provided that in any case or class of cases where the lessor is of the opinion that the entries in the lease deed should be changed for the purposes such as enhancement of quantity of production, the period of lease or any other rectification in the lease deed, the lessor may do so by executing rectification deed in that respect. Such deed shall be registered under the Indian Registration Act, 1908.]
(1) The lessee shall not transfer the quarrying lease to any other person without obtaining previous sanction of the Government or competent authority.
(2) The lessee shall apply to the competent authority for transfer of lease, along with a fee of ten thousand rupees.
(3) The transfer deed shall be executed in Form E within three months of the date of sanction of transfer.
The State Government or the competent authority may, in the interest of quarry development, with reasons to be recorded in writing, permit amalgamation of two or more adjoining leases held by a lessee:
Provided that the period of amalgamated leases shall be co-terminus with the lease of which period will expire first:
Provided further that the leaseholds to be amalgamated shall be contiguous:
Provided also that along with the application for amalgamation of leases, copy of the survey map of the combined area for amalgamation attested by an officer not below the rank of a Tahsildar of the Department of Land Revenue or Assistant Director of the Department of Survey and Land Records shall be submitted:
Provided also that amalgamation of leases shall be subject to submission of approved mining plan for the entire leasehold and Environmental Clearance.]
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 45, 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 terminate the lease at any time by giving not less than six months' notice in writing to the 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 I.
(2) A register of quarrying lease shall be maintained by the competent authority in Form J.
If the Government or competent authority under these rules has reason to believe that the lease granted is in contravention of provisions of any other law or the lessee has violated any of the conditions subject to which the lease is granted, the Government or the competent authority may, after giving the lessee an opportunity of being heard, direct him not to undertake any quarrying operations in the area of the lease and may cancel the lease and in such cases the quarried materials lying on the land from which they are extracted shall become the absolute property of the Government. In such an event, all the royalties and rents paid in advance or part thereof that may stand to the credit of the lessee shall also be forfeited to Government:
Provided that where the competent authority is of the opinion that it is expedient in the interest of regulation of quarries and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avo
1[(1)] Where an applicant for renewal of quarrying lease is convicted for illegal quarrying, and there are no interim orders of any Court of law suspending the operation of the order of such conviction in appeals pending against such conviction in any Court of law, the Government or the competent authority may, after giving such applicant an opportunity of being heard and for reasons to be recorded in writing and communicated to the applicant, refuse to renew such quarrying lease.
2[(2) In any case or class of cases where any amount is due to Government from any person/ firm/ association/ company on account of mining of minor minerals from any land, no mineral concession under these rules shall be granted/ renewed in the said land to any person/ firm/ company/ association and no mineral concession under these Rules shall be granted/ renewed to such person/ firm/ company/ association in any land in the State unless all dues are cleared.]
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.
Except as provided for in the proviso to sub-rule (1) of Rule 9, no quarrying permit or lease shall be granted by the Government or the competent authority unless there is a Mining Plan duly approved by the competent authority.
(1) No mining plan shall be approved unless it is prepared by a qualified person recognised in this behalf by the Government or the Director of Mining and Geology or 1[by a person who possesses a valid certificate of recognition as qualified person to prepare mining plan issued by Indian Bureau of Mines]
(2) No person shall be recognised by the Government or the Director of Mining and Geology for preparation of mining plan unless he is below 70 years of age and holds,-
(i) a degree in Mining Engineering or a post-graduate degree in Geology 2[or Applied Geology or Marine Geology or any equivalent degree] granted by a University or any institutions recognised by the University Grants Commission established under Section 4 of the University Grants Commission Act, 1956 (Central Act 3 of 1956) or any equivalent qualification granted by any University or institution outside India; and
(ii) professional experience of five y
On receipt of the application for grant of quarrying permit or lease for undertaking quarrying operations the competent authority shall take decision regarding the precise area to be granted for the said purpose and communicate such decision to the applicant and on receipt of such communication, the applicant shall submit a mining plan for the approval and the said mining plan shall include,-
(i) (a) plan of the precise area showing the nature and extent of the mineral deposit clearly showing the spot or spots where the excavation is to be done in the first five year in the case of quarrying lease; or for the entire period in the case of quarrying permit.
(b) a detailed cross-section and detailed plan of spots of excavation;
(c) a tentative scheme of quarrying for the second five year period of the quarrying lease;
(ii) the geological and lithological details of the precise area including 1<
(1) The competent authority may require 1[an applicant for quarrying permit or lease or the permit holder or] the lessee to make such modifications in the mining plan submitted by him or impose such conditions by an order in writing if such modifications or imposition of conditions are considered necessary in the light of the experience of operation of mining plan or in view of the change in the technological development;
(2) 2[An applicant for quarrying permit or lease or a permit holder or] desirous of seeking modifications in the approved mining plan as are considered expedient, in the interest of safe and scientific mining, conservation of minor minerals or for the protection of environment, shall apply to the competent authority for modification of the mining plan setting forth the intended modifications and explaining the reasons for the same;
(3) The competent authority may approve the modifications under sub-rule (2) or approve such alter
Every quarry shall have quarry closure plan which shall be of two types:
(i) Progressive closure plan; and
(ii) Final closure plan.
(1) The owner or agent or manager or mining engineer shall, in case of fresh grant or renewal of quarrying lease, submit a progressive quarry closure plan as a component of mining plan to the competent authority;
(2) The owner or agent or manager or mining engineer shall, in case of existing quarrying lease, submit a progressive quarry closure plan as a component of mining plan to the competent authority for approval within a period of one year from the date of commencement of these rules;
(3) The owner or agent or manager or mining engineer shall review the progressive quarry closure plan every five years from the date of its approval in case of existing quarry or from the date of opening of the quarry in case of fresh grant or from the date of renewal of quarrying lease, as the case may be, and shall submit to the competent authority for its approval;
(4) The competent authority in this behalf shall convey his approval or refusal of the progressive quarry clo
(1) The owner or agent or manager or mining engineer shall submit a final quarry closure plan to the competent authority in this behalf for approval one year prior to the proposed closure of the quarry.
1[Provided that in case of quarrying permits having duration less than one year, the final quarry closure plan shall be submitted as a component of mining plan to the competent authority.]
(2) The competent authority in this behalf shall convey his approval or refusal of the final quarry closure plan within ninety days of the date of its receipt to the owner, agent or manager;
(3) If approval or refusal of the final quarry closure plan is not conveyed to the owner, agent or manager of the quarry within the period as specified in sub-rule (2), the final quarry closure plan shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated.
(1) The holder of a quarrying lease desirous of seeking modifications in the approved quarry closure plan shall apply to the competent authority for approval setting forth the intended modifications and explaining the reasons for such modifications.
(2) The competent authority may approve the modifications as submitted under Clause (1) or approve with such alterations as it may consider expedient.
(1) The owner or agent or manager of a quarry shall have the responsibility to ensure that the protective measures contained in the quarry closure plan have been carried out in accordance with the approved quarry closure plan or with such modifications as approved by the competent authority in this behalf under these rules.
(2) The owner or agent or manager shall submit to the competent authority in this behalf an yearly report before 1st July of every year setting forth the extent of protective works carried out as envisaged in the approved quarry closure plan, and if there is any deviation, reasons thereof.
(1) Every lessee shall furnish a financial guarantee for the purpose of performance of the quarry closure plan. The amount of financial guarantee shall be 1[three lakh]rupees per hectare of the lease area put to use for quarrying and allied activities. However, the minimum amount of financial guarantee to be furnished in any of the forms referred to in sub-rule (2) shall be 1[five lakhs] rupees:
Provided that a lessee shall be required to enhance the amount of financial guarantee with the increase in the area of quarrying and allied activities.
(2) The financial guarantee shall be submitted in one of the following forms to the competent authority in this behalf,-
(a) Letter of Credit from any Scheduled Bank;
(b) performance or Surety bond;
(c) any other form of security or any other guarantees acceptable to the competent authority.
(3) The lessee shall submit the financial guarantee to the competent
The holder of a quarrying permit or quarrying lease under these rules shall pay to the District Mineral Foundation Trust of the district an amount equal to such percentage of royalty as may be prescribed in the Kerala District Mineral Foundation Rules, 2018, in addition to the royalty paid.]
x x x x]
x x x x]
x x x x]
14[(1) Where quarrying operations for minor minerals have been undertaken before 7th day of February, 2015 without an approved mining plan, the holder of such lease shall not be permitted to operate such quarry unless he submits a mining plan for the remaining period of lease to the competent authority in this behalf.]
(2) 15[x x x x]
(3) 15[x x x x]
(4) The competent authority may approve the mining plan submitted by the lessee under sub-rule (1) or require any modifications to be carried out in the mining plan and the lessee shall carry out such modifications and resubmit the modified mining plan for approval of the competent authority.
(5) The competent authority shall within ninety days from the date of receipt of the mining plan or the modified mining plan convey its approval or disapproval to the applicant and in case of disapproval it shall also convey the reasons for disapproving the said mining plan or the modifi
(1) Every mining plan duly approved under these rules shall be valid for the entire duration of the lease.
(2) The owner, agent, mining engineer or manager of every quarry 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 competent authority for approval at least one hundred and twenty days before the expiry of the first five year period for which it was approved on the last occasion.
(3) The competent authority shall convey its approval or refusal to the scheme of mining within ninety days of the date of its receipt.
(4) If approval or refusal of the scheme of mining is not conveyed to the lessee within the stipulated period, the scheme of mining shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated.
(5) Every scheme of mining submitted under these rules shall be prepared by a recognised qualifie
(1) Every 1[quarrying permit holder or] lessee shall carry out quarrying operations in accordance with the approved mining plan with such conditions as may be prescribed under these rules or with such modifications, if any, as permitted under these rules or the mining plan or the scheme approved under these rules, as the case may be.
(2) If the quarrying operations are not carried out in accordance with 2[the approved mining plan or any other existing laws], the competent authority may order suspension of all or any of the quarrying operations and permit continuance of only such operations as may be necessary to restore the conditions in the quarry as envisaged under the said mining plan.
1[(1) While conducting quarrying operations, the sides of the quarry shall be benched as specified in Metalliferous Mines Regulation, 1961 promulgated under Mines Act, 1952 (Central Act 35 of 1952).]
(2) Such benches on granite deposits and overburden including weathered rocks shall be formed separately and the benches in overburden shall be kept sufficiently in advance so that their working does not interfere with the working of granite.
(1) The non-saleable rejects at quarry bottom shall regularly be collected and transported to the surface and the quarry floor kept reasonably clear of debris.
(2) The ground selected for dumping of top soil, overburden, waste material or non-saleable materials shall be kept away from working quarry.
(3) Before starting quarrying operations, conceptual ultimate limits of the quarry shall be determined and dumping ground shall be so selected that dumping is not carried out within the limits of the ultimate size of the quarry except where simultaneous backfilling is proposed.
(4) In the case of working for granite (dimension stones), non-saleable granite pieces suitable for possible use by small scale industries sector shall be properly recovered.
The owner, agent, mining engineer or manager of every quarry under a quarrying lease shall intimate the competent authority, the opening of a quarry so as to reach them within fifteen days of such opening. The notice of intimation shall contain the particulars such as date of opening of mine, letter number and date through which the mining plan was approved, name and address of the lessee, particulars of lease such as date of its execution and period and area, location of the lease area etc.
(1) The owner, agent, mining engineer or manager of every quarry under a quarrying lease shall not abandon or surrender it or part of it during the subsistence of the lease except with prior permission in writing of the competent authority.
(2) Notice for abandonment or surrender of a quarry or a part thereof shall be accompanied by plans showing accurately the work done in such quarry upto the date of submission of the notice and such notice shall contain particulars such as name and address of the lessee, particulars of the lease location of quarry, date by which quarrying operations are to be abandoned or quarry to be surrendered, reasons for abandonment/surrender, reserve of the mineral, total production since its opening etc.
(3) Where an abandonment of a quarry or part thereof takes place as a result of the occurrence of a natural calamity beyond the control of the owner, agent mining engineer or manager of such a quarry or the lease is terminated in compliance o
The owner, agent, mining engineer or manager of every quarry under a quarrying lease shall send to the competent authority a notice when the work in such quarry is discontinued for a period exceeding one month so as to reach them within forty days from the date of such temporary discontinuance and such notice shall contain particulars such as name and address of the lessee particulars of the lease location of quarry, date of discontinuance of quarrying operations, reasons for discontinuance etc.
The owner, agent, mining engineer or manager of every quarry under a quarrying lease shall send to the competent authority a notice of reopening of such quarry after temporary discontinuance so as to reach them within fifteen days of such reopening under registered post and such notice shall contain particulars such as name and address of the lessee, particulars of the lease particulars of the location of quarry, date on which the quarrying operation was discontinued, date of reopening etc.
(1) The holder of a quarrying lease/quarrying permit shall prepare and keep surface plans and cross sections of the quarry.
(2) The surface plan shall depict the true size and shape of all excavations and shall contain contours/ spot heights.
(3) The cross sections shall depict the advances made in the quarry operations and areas reclaimed. The cross sections shall be equally spaced and the number of cross sections shall be sufficient for the computation volume of mineral mined out.
(4) The plans and sections shall be prepared by the end of each financial year.
(5) Every plan and section prepared under these rules shall carry thereon a certificate for its correctness and shall be signed by a recognised qualified person.
(6) The owner, mining engineer or manager of every quarry under a quarrying lease/permit shall send to the competent authority copies of the plans and sections maintained under these rules, as and when required by the competent auth
x x x x]
(1) Every permit holder or lessee under these rules shall take all possible precautions including the following for the protection of environment and control of pollution while conducting quarrying in the area for which permit/lease is granted:
(a) where top soil exists and is to be excavated for quarrying operations, it should be removed separately;
(b) the top soil so removed shall be utilised for backfilling the worked out quarry;
(c) where top soil cannot be used concurrently, it shall be stored separately for future backfilling;
(d) the overburden, waste rock and non-saleable minerals generated during quarrying operations shall be stored separately by the lessee in properly formed dumps on grounds earmarked;
(e) such dumps shall be properly secured to prevent the escape of material in harmful quantities which may cause degradation of surrounding land or silting of water courses;
(f) such waste roc
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
x x x x]
(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 O 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 communication of such order to him, prefer a second appeal in Form O 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), 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 filing the appeal in time.
(c) Every appeal memorandum, under Clause (a) and Clause (
Where an appeal is made under Clause (a) or Clause (b) of sub-rule (1) of Rule 98, 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 thereto 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 98, 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 Rule 99 or 100 shall be passed against any person interested, unless he has been given a reasonable 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 filed.
1[Provided that no stay order shall be passed staying the execution of any order passed by competent authority pertaining to unauthorized mining, storage and transportation of minor minerals without affording the competent authority an opportunity for being heard:
Provided further that no stay order deferring any recovery proceedings shall be passed unless the appellant remits 10% of the amount demanded by competent authority.]
The Government may require online submission of applications for mineral concession through the official website of Mining and Geology Department of the Government of Kerala. The procedure to be followed for online receipt and processing of applications and issuing permits or leases shall be as specified by the Government.
The 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 order prejudicial to any person shall be passed unless he has been given a reasonable opportunity for stating his case.
In any case or class of cases where extraction of minor mineral is inevitable for any legitimate purpose, other than winning the mineral, 1[x x x x], the applicant shall submit an application along with the No Objection Certificate issued by the Revenue Divisional Officer to the State Government for its extraction and transportation and in such cases if the State Government is of the opinion that the extraction and transportation of minerals is inevitable, the State Government may for reasons to be recorded in writing, issue an order in writing granting permission for extraction and transportation of such minerals with such terms and conditions as they deems fit. The applicant shall remit royalty as specified in Schedule I for the quantity of the mineral extracted:
Provided that, in such cases, the application shall be submitted through the Director of Mining and Geology and along with the application for extraction and transportation of minerals, the applicant sha
Notwithstanding anything contained in the foregoing provisions, the Government or the competent authority may sell by public auction any minor mineral in any case or class of cases where such auction or disposal of right to remove minor minerals is inevitable on such terms and conditions as they or it may deem fit.
(1) In any case or class of cases such as construction of common facilities or residential building where extraction of minor mineral is inevitable as a part of the work, the person doing such work may be exempted from obtaining quarrying permit/lease under these rules:
2[Provided that before extraction of minor minerals, the person concerned shall intimate the competent authority his intention to carry out the works to be performed along with detailed proposal for excavation/ use /transportation and shall furnish necessary documents as required by the competent authority in this regard. If the extracted mineral is used as building material in the property from where the same is extracted then the person concerned shall remit royalty for all minerals except ordinary earth and if the extracted mineral including ordinary earth is to be transported outside the work site, the competent authority may issue special mineral transit passes after collecting the royal
A person who brings minerals to the State of Kerala from other countries or other States in India by means of ship or rail shall be considered as a producer under these rules. On production of sufficient documentary proof of import from outside the country, or documents in proof of payment of royalty in case of import from another State of India by such person, he may be given sanction to obtain movement permit under Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 without payment of royalty for transportation of minerals from the place of unloading.
(1) Whoever contravenes any provision of these rules shall be punishable with imprisonment for a term which may extend to two years, or with a fine which may extend to five lakh rupees or with both and in the case of continuing contravention, with an additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.
1[(1A) Extraction and removal of minor mineral without any lawful authority from any land is an offence under these rules and the owner of the land and/or the person who indulges in such activity is/are solely responsible for such offence and he/ they are liable to be prosecuted under sub-rule (1).]
(2) Whenever any person 2[raises any minor mineral without any lawful authority or in contravention of the provisions of these rules] from any land, the Government or the competent authority may recover from such person or the occupier of the
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 local revenue authorities and when such a request is made, the police authorities and revenue authorities shall render such assistance as is necessary to enable the officer concerned to exercise the powers conferred on it or him by these rules in the matter of preventing illegal mining and unauthorised movement of minerals.
1[Provided that if any person indulges in mining activity for the purpose of winning minerals in any area without any valid mineral concession using explosives unlawfully possessed by him, the Police authorities concerned may proceed against such person under the Explosive Substances Act 1908.]
No Court shall take cognizance of any offence punishable under these rules, except upon a complaint in writing made by a person authorised in this behalf by the Government or the competent authority. The name or the designation of such person shall be published in the Gazette.
(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 110 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 Government may, by notification in the Gazette, delegate all or any of the powers vested in them to any officer or class of officers under them, as the case may be.
The Competent Authority may 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 installments not exceeding maximum six installments.]
No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under these Rules.]
1[SCHEDULE I Rate of Royalty | ||
Item No | Name of Minor Minerals | Rate of Royalty (in Rupees) |
(1) | (2) | (3) |
| 1 | Kankar and other forms of limestones and four kinds of limeshell namely: | 150 (One hundred and fifty only) per tonne |
| (i) white limeshell (ii) black limeshell (iii) drift limeshell or seashell and | ||
SCHEDULE II Dead Rent | ||||
Sl. No. | Mineral | Dead Rent for the Ist year per hectare per annum | Dead Rent for the 2nd year in Rs. per hectare per annum | Dead Rent from 3rd year onwards in Rs. per hectare per annum |
(1) | (2) | (3) | (4) | (5) |
| 1 | ||||
x x x x]
x x x x]
x x x x]
FORM A (See Rule 4) APPLICATION FOR GRANT/RENEWAL OF QUARRYING PERMIT (For both types of payment of royalty, to be submitted in duplicate) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
To The Senior Geologist/Geologist Sir, 1. I/We request that a Quarrying Permit may be granted under the Kerala Minor Mineral Concession Rules, 2015 to me/us to extract.................. I may be permitted to remit royalty under Schedule I./1[x x x x] to extract Granite (Building Stones)/Laterite (Build S.8
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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
