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West Bengal Minor Minerals Concession Rules 2016

Mines Branch

NOTIFICATION

No. 428-CI/O/MM/84/11 (Part-II). 29th July, 2016. Whereas, the draft notification to frame the West Bengal Minor Minerals Concession Rules, 2015 was published vide notification No-621-C1/0/MM/84/11 (Pt-I), dated the 14th September, 2015, in the Kolkata Gazette, Extraordinary PART I, dated the 17th September, 2015, inviting objections and suggestions from all persons likely to be affected thereby, within 15 days from the date of publication;

And whereas, no objection and suggestion has been received by the State Government from the persons likely to be affected thereby within the given period;

Now, therefore, in exercise of the power conferred by sub-section (1) of section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957), as subsequently amended (hereinafter referred to as the said Act), the Governor is pleased hereby to ma

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R.1 Short title, extent and commencement

(1) These rules may be called the West Bengal Minor Minerals Concession Rules, 2016.

(2) They shall extend to the whole of West Bengal excluding the Gorkha Territorial Administration (GTA).

(3) They shall come into force from the date of their publication in the Official Gazette.


R.2 Definitions

(1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957(67 of 1957), as subsequently amended;

(b) "Authorised Officer" means any officer who has been authorised by the State Government to perform duties from time to time under these Rules;

(c) "Block Land and Land Reforms Officer" means a Block Land and Land Reforms Officer appointed as such by the State Government for any particular area;

(d) "Chief Mining Officer" means the Chief Mining Officer appointed as such by the State Government, having jurisdiction all over the State of West Bengal;

(e) "collection of minor minerals" means obtaining ordinary minor minerals either by virtue of mining lease or by virtue of short term mining licence issued as per provisions of these rules;

(f) "dead rent" means the

R.3 Prohibition on mining under specified conditions

(1)(a) No person shall undertake mining operation in any area prohibited by the State Government in the public interest by notification in the Official Gazette.Provided that nothing in the sub-rule shall affect any mining operation undertaken in any area in accordance with the terms and conditions of a mining lease or mineral concession already granted.

(b) No person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of these rules and the West Bengal Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2002.

(2) No minor mineral coming out in course of digging of wells or excavation of tanks shall be disposed of by the person digging or excavating without informing the District Authority as well as the Executive Officer of the Panchayat Samiti or the Executive Officer of the Municipality concerned, as the case may be, about such occurrence.

R.4 General conditions for grant of prospecting licence-cum-mining lease and mining lease

(1) The State Government shall grant a prospecting licence-cum-mining lease or a mining lease in respect of a minor mineral to any person who is an Indian national, or a company as defined in clause (20) of section 2 of the Companies Act, 2013;

Explanation - For the purposes of sub-section (1), a person shall be deemed to be an Indian national,

(a) in the case of a firm or other association of individuals, only if all the members of the firm or members of the association are citizens of India and

(b) in the case of an individual, only if he is a citizen of India.

(2). The State Government shall grant mining lease if-

(a) the area applied for has been prospected earlier as per report of the Directorate of Mines and Minerals, WB and/or Indian Bureau of Mines and/or Geological Survey of India or the existence of mineral contents therein has been established otherwise than by me

R.5 Period of lease

(1) Period of lease for mining operation in any area, shall be -

(a) for riverbed occurrence, morrum and earth, upto 10 years;

(b) for other minerals upto 20 years.

Provided that the period in case of prospecting licence-cum-mining lease for minor minerals other than riverbed occurrence, morrum and earth shall be inclusive of the period of prospecting

(2) The date of commencement of the period for which a mining lease is granted shall be the date on which a duly executed lease deed is registered as per the conditions laid down by these rules.


R.6 Area of mining lease

The minimum area granted under a mining lease shall not be less than-

(a) 5 hects., in case of river bed occurrence:

Provided that the District Level Committee may select an area below 5 hects. for the purpose of issuance of notification for inviting competitive bidding under exceptional circumstances and such circumstances shall be recorded in writing.


R.7 Period for which prospecting operation may be undertaken in prospecting licence cum mining lease

The period of prospecting in prospecting licence-cum-mining lease shall not generally be more than two years, which may be extended to such periods as may be decided by the State Government.

Provided that such extended period shall be included within the period of Prospecting Licence cum Mining Lease.


R.8 Scheme of prospecting

Every holder of a prospecting licence-cum-mining lease for a minor mineral shall submit to the State Government or any person authorized in this behalf by the State Government within a period of sixty days from the date of execution of the a prospecting licence-cum-mining lease, a scheme of prospecting duly approved by the Mining Officer of the respective zones.


R.9 Modification of scheme of prospecting

(1) A prospecting scheme prepared and submitted under rules may be modified at any time on geological considerations by the holder of a prospecting licence-cum-mining lease during continuance of the prospecting period.

(2) Any modification carried out under sub-rule (1) shall be intimated to the State Government by the holder of a prospecting cum mining lease within a period of fifteen days.


R.10 Prospecting operations to be carried out in accordance with scheme of prospecting

Every holder of a prospecting licence-cum-mining lease for minor mineral shall carry out the prospecting operations in accordance with the scheme of prospecting submitted under rule 8 or with such modifications, if any, as intimated under rule 9 or as directed by the State Government.


R.11 Mining plan to be prepared by a Recognised Qualified Person

No mining plan shall be approved unless it is prepared by a qualified person recognised by the Indian Bureau of Mines(IBM).


R.12 Approval and submission of approved mining plan

The successful bidder shall submit an approved mining plan with a non-refundable fee of Rs. 1000 (rupees one thousand) within a period of three months from the date of communication of acceptance of his bid for a prospecting licence cum mining lease or mining lease or such other period as may be allowed by the State Government for such approval.


R.13 Mine Closure Plan

Every mine shall have Mine Closure Plan which shall be of two types-

(i) Progressive Mine Closure Plan; and

(ii) Final Mine Closure Plan.


R.14 Submission of Progressive Mine Closure Plan

(1) The owner, agent, manager or mining engineer shall, in case of fresh grant or renewal of existing mining lease under the previous rules, submit a Progressive Mine Closure Plan as a component of mining plan to the officer authorised by the State Government in this behalf.

(2) The owner, agent, manager or mining engineer shall, in case of existing mining lease submit a Progressive Mine Closure Plan to the officer authorised by the State Government in this behalf, for approval within a period of one year from the date of commencement of this rule.

(3) The owner, agent, manager or mining engineer shall review the Progressive Mine Closure Plan every two years from the date of opening of the mine in case of fresh grant or from the date of renewal of mining lease, as the case may be, and shall submit to the officer authorised by the State Government in this behalf, for its approval.

(4) The officer authorised by the State Government in this behalf shall co

R.15 Submission of Final Mine Closure Plan

(1) The owner, agent, manager or mining engineer shall submit a Final Mine Closure Plan to the officer authorised by the State Government in this behalf, for approval one year prior to the proposed closure of the mine.

(2) The officer authorised by the State Government in this behalf, shall convey his approval or refusal of the Final Mine Closure Plan within ninety days of the date of its receipt of Final Mine Closure Plan from the owner, agent, manager or mining engineer.

(3) If approval or refusal of the Final Mine Closure Plan is not conveyed to the owner, agent, manager or mining engineer of the mining lease within the period as specified in sub-rule (2), the Final Mine Closure Plan shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated.


R.16 Modification of Mine Closure Plan

(1) The holder of a mining lease desirous of seeking modifications in the approved Mine Closure Plan, shall submit to the officer authorised by the State Government in this behalf, for approval setting forth the intended modifications and explaining the reasons for such modifications.

(2) The officer authorised by the State Government in this behalf, may approve the modifications as submitted under sub-rule (1) or approve with such alterations as he may consider expedient.


R.17 Responsibility of holder of mining lease

(1) The owner, agent, manager or mining engineer shall have the responsibility to ensure that the protective measures contained in the Mine Closure Plan referred to in this rule including reclamation and rehabilitation work have been carried out in accordance with the approved Mine Closure Plan or with such modifications as approved by the officer authorised by the State Government in this behalf under this rule.

(2) The owner, agent, manager or mining engineer shall submit to the officer authorised by the State Government in this behalf, a yearly report before 1" July of every year setting forth the extent of protective and rehabilitative works carried out as envisaged in the approved Mine Closure Plan, and if there is any deviation, reasons thereof.


R.18 Financial Assurance

(1) For the purpose of mining operation in any area, financial assurance shall be furnished by every leaseholder. The amount of financial assurance shall be rupees 15 thousand per hectare of the mining lease area put to use for mining and allied activities or rupees fifty (50) thousand, whichever is higher, in any of the forms referred to in this sub-rule:

Provided that a leaseholder shall be required to enhance the amount of financial assurance with the increase in the area of mining and allied activities:Provided further that where a leaseholder undertakes reclamation and rehabilitation measures as part of the Progressive Closure of Mine, the amount so spent shall be reckoned as sum of the financial assurance already spent by the leaseholder and the total amount of financial assurance to be furnished by the lessee, shall be reduced to that extent.

(2) The financial assurance shall be submitted in one of the following forms to the officer authorised by the S

R.19 Review of Mining Plan

(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 mine or 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 State Government or any person authorised in this behalf by the State Government for approval.

(3) The scheme of mining shall be submitted to the State Government or any person authorised in this behalf by the State Government at least one hundred twenty days before the expiry of the five years period for which it was approved on the last occasion.

(4) The State Government or any person authorised in this behalf by the State Government shall convey its or his approval or refusal to the scheme of mining within ninety days of the date of its receipt.

(5) If approval or refusal of the scheme of mining is not conveyed to the holder of the l

R.20 Survey of area leased

When a mining lease is granted, arrangement may be made at the expenses to be borne by the lessee for survey and demarcation of the area in terms of geographic coordinates granted under the lease.


R.21 Lapsing of lease

(1) Subject to the other conditions mentioned in these rules, where mining operation has not been commenced within a period of one year from the date of execution of the lease or is discontinued for the above period continuously after the commencement of such operations, the State Government or the Lease Granting Authority shall, after serving notice to the lessee, by an order, declare the mining lease as lapsed and communicate the said order to the lessee.

(2) Where a lessee is unable to commence the mining operation within the specified period stated in sub rule (1) above or discontinues mining operations for a period exceeding the said period for reasons beyond his control, he may, within 30 days of service of such notice, submit an application to the State Government or the Lease Granting Authority. explaining the reasons for non-commencement or discontinuance of mining.

(3) Every such application under sub-rule (2) shall be accompanied by a fee of one th

R.22 Transfer of lease

(1) The lessee shall not, without the previous consent in writing of the State Government or the Lease Granting Authority -

(a) assign, mortgage, or in any other manner transfer the mining lease or any right, title or interest therein, or

(b) enter into contract or understanding or any arrangement, whereby the lessee will be or may be directly or indirectly financed to a substantial extent under which the lessee's operations will be or may be substantially controlled by any person or body of persons other than the lessee.

(2) The State Government shall levy a transfer fee to the tune of 10% of the deposited royalty for the last three years.

(3) The State Government shall issue guidelines for transfer of such leases.


R.23 Amalgamation of leases

(1) The State Government may, in the interest of mineral development and for reasons to be recorded in writing, permit amalgamation of two or more adjoining leases held by a lessee:

Provided that the period of amalgamated lease shall be co-terminus with the lease whose period will expire first.

(2) An application for the transfer of a mining lease or the amalgamation of mining leases pending at the commencement of these rules, shall be disposed of in accordance with these rules.


R.24 Protection of environment

Every holder of a prospecting licence-cum-mining lease or a mining lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining or processing of minor mineral in the area for which such licence or lease is granted.


R.25 Removal and utilization of top soil

(1) Where top soil exists and is to be excavated for prospecting or mining operationsfor minor mineral, it should be removed separately.

(2) The top soil so removed shall be utilized for restoration and rehabilitation of the land which is no longer required for prospecting or mining operations or for stabilizing or landscaping the external dump.

(3) Where top soil cannot be used concurrently, it shall be stored separately for future use, keeping in view that the bacterial organism should not die and should be spread in nearby area.


R.26 Storage of overburden, waste rock etc

(1) The overburden, waste rock and non-saleable minor mineral generated during prospecting or mining operations for minor mineral shall be stored separately in properly formed dumps on grounds earmarked.

(2) Such dumps shall be properly secured to prevent the escape of material in harmful quantities which may cause degradation of the surrounding land or silting of water courses.

(3) Wherever possible, such waste rock or overburden or other rejects, shall be backfilled into the worked out minor mineral quarry, where minor has been recovered upto the optimum depth, with a view to restore the land to its original use or desired alternate use, as far as possible and where the backfilling is not feasible, the waste dumps shall be suitable terraced and stabilized by planting vegetation or otherwise.


R.27 Reclamation and Rehabilitation of lands

Every holder of a prospecting-cum-mining lease or a mining lease shall undertake the phased restoration, reclamation and rehabilitation of land affected by prospecting or mining operation and shall complete this work before the conclusion of such operations and abandonment of prospect of mine.


R.28 Precaution against air pollution

 Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for minor mineral and related activities shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force.


R.29 Discharge of effluents

Every holder of a prospecting-cum-mining lease or a mining lease shall take all possible precautions to prevent or reduce to a minimum the discharge of toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant into surface of ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard.


R.30 Precaution against noise

Noise arising out of prospecting, mining and processing operations for minor mineral shall be abated or controlled by the holder of prospecting licence or a lease at the source so as to keep it within the permissible limit.


R.31 Permissible limits and standards

The standards and permissible limits of all pollutants, toxins and noise referred to in rules 28, 29 and 30 shall be those notified by the concerned authorities under the provisions of the relevant statues from time to time.


R.32 Restoration of flora.

Every holder of a prospecting-cum-mining lease or a mining lease shall carry out prospecting or mining operations as the case may be, in such a manner so as to cause least damage to the flora of the area held under prospecting licence or mining lease.


R.33 Environment Clearance

(1) Every successful bidder/holder of prospecting licence cum mining lease shall submit the Environment Clearance (EC) from the Ministry of Environment, Forest & Climate Change (hereinafter MoEF&CC) or State Level Environment Impact Assessment Authority (hereinafter SEIAA) as the case may be within 6 months from the date of submission of the prospecting report to the State Government on the completion of the prospecting.

(2) Every successful bidder/holder of mining lease shall submit the Environment Clearance (EC) from the MoEF & CC /SEIAA as the case may be within 6 months from the date of issuance of Letter of Intent (Lol) or such other period as may be allowed by the State Government or the Lease Granting Authority.


R.34 Forest Clearance

(1) If the area for prospecting licence cum mining lease coming under the forest area, every successful bidder/holder of prospecting licence cum mining lease shall submit the Forest Clearance from the MoEF&CC or any designated authority as the case may be within 6 months from the date of issuance of Letter of Intent or such other period as may be allowed by the State Government or the Lease Granting Authority.

(2) If the area for mining lease coming under forest area, every successful bidder/holder of mining lease shall submit the Forest Clearance from the MoEF&CC or any designated authority as the case may be within 6 months from the date of issuance of Letter of Intent or such other period as may be allowed by the State Government or the Lease Granting Authority.


R.35 Payment of royalty and rent etc

(1)(a) The holder of a mining lease or any other mineral concession granted on or after the commencement of these rules, shall pay royalty in respect of mineral or minerals extracted or removed or consumed by him or his agent, manager, employee or contractor at the rate as notified from time to time by the State Government in Commerce and Industries Department:

Provided that the State Government in Commerce and Industries Department shall not enhance the rate of royalty more than once during any period of three years.

(b) The lessee shall pay for every year a yearly dead rent.

Provided that the lessee shall be liable to pay either the dead rent or the royalty in respect of each mineral, whichever is higher:Provided further that the dead rent shall not be enhanced more than once during any period of three years;

(c) The lessee shall also pay surface rent for the surface area used b

R.36 Rights of prospecting licence cum mining lease holder or mining lease holder

Prospecting licence cum mining lease holder or mining lease holder shall have rights as provided in the deed of prospecting licence cum mining lease and deed of mining lease respectively.


R.37 Right to determine lease

(1) The mining lease holder may determine the lease at any time by giving not less than six months prior notice in writing to the State Government or to any officer appointed in this behalf by the State Government and after paying all outstanding dues of the State Government, every such application for determining a part or the whole of a lease shall be accompanied by a fee of Rs. 5,000/- (rupees five thousand) only deposited in the appropriate head of account for meeting the expenditure for survey and demarcation of the area to be determined or surrendered.

(2) When the State Government is of the opinion that it is expedient in the interest of regulation of mines and mineral development so to do, it may, by an order, make premature termination of a mining lease in respect of any mineral.


R.38 Grant of prospecting licence-cum-mining lease or mining lease for exploitation of minor minerals

(1)(a) The grant of prospecting licence-cum-mining lease for exploitation of minor minerals shall be made through the competitive bidding and separate rules shall be framed by the State Government in Commerce and Industries Department for conducting competitive bidding through a notification:

(b) The grant of Mining Lease for exploitation of minor minerals shall be made through the competitive bidding and rules shall be framed by the State Government in Commerce and Industries Department for conducting competitive bidding through a notification.

Provided that the exploitation of granite shall be conducted in the manner prescribed in the Granite Conservation and Development Rules, 1999, with the exceptions made in these rules.

(2) For the determination of reserve price of the mineral block, a committee to be called the District Committee for Competitive Bidding of Minor Minerals shall be constituted by Commerce and Indus

R.39 Grant of mining lease for exploitation of minor minerals to government companies or corporations

(1) The State Government may-

(a) identify area containing a minor mineral for allocation to Government Companies or corporation;

(b) invite application from government companies or corporations engaged in mining of minerals for participation in the process of competitive bidding in allocation of area containing any minerals;

(c) notify a floor price for each identified area containing the mineral

(2) The government companies or corporations shall be required to submit their offer in two parts viz.(i) technical bid and(ii) financial bid.

(3) The successful bidder shall be allocated the area containing the mineral.

(4) The State Government shall by notification published in the Official Gazette, specify the any other terms and conditions and the manner of allocation of the block containing the specified minerals through competitive bidding.


R.40 Reservation of area of minor minerals for the exploitation of government companies or corporation

The State Government with due concurrence of the Central Government may reserve any area having evidence or existence of minor mineral resource certified by Geologist(s) for exploitation by the Government Companies or Corporation and where it proposes to do so, it shall by notification in the Official Gazette, specify the boundaries of such area and the mineral or minerals in respect of which such area will be reserved.


R.41 Grantofmining lease for exploitation of riverbed occurrences

(1) The grant of mining lease for exploitation of riverbed occurrences shall be made through the competitive bidding upon having wide circulation and rules shall be framed by the State Government in Commerce and Industries Department for conducting competitive bidding through a notification.

(2) The areas identified for exploitation of riverbed occurrences shall be widely notified by publication in the newspapers and also by publication in notices displayed at the prominent offices of the state or districts and website of the State Government.

(3) For the determination of the reserve price of the mineral block, a committee to be called the District Committee for Competitive Bidding of Minor Minerals shall be constituted by Commerce and Industries Department for this purpose by issuing notification in this regard.


R.42 Grant of Mining Lease for exploitation of morrum, brick earth and ordinary clay

(1) The grant of mining lease for exploitation of morrum, brickearth and ordinary clay shall be made through the competitive bidding by the District Magistrate and rules shall be framed by the State Government in Commerce and Industries Department for conducting competitive bidding through a notification.

(2) The areas identified for exploitation of morrum, brickearth and ordinary clay shall be widely notified by publication in the newspapers and also by publication in notices displayed at the prominent offices of the state or districts and website of the State Government.

(3) For the determination of the reserve price of the mineral block, a committee shall be constituted by the Commerce & Industries Department by issuing notification in this regard.

(4) Selection of successful bidder shall be made by a committee to be called the District Committee for Competitive Bidding of Minor Minerals shall be constituted by Commerce and Industries Department for

R.43 Grant of Short Term Mining Licence of riverbed occurrences

(1) The District Authority or any authorised officer in case of riverbed occurrences, may grant short term mining licence as per guidelines to be issued by Commerce and Industries Department from time to time to extract or remove from any specified land within the limits of his jurisdiction on pre-payment royalty at the rate as specified from time to time under exceptional circumstances arising due to (a) judicial intervention, (b) non availability of continuous stretch of the minimum area specified in these rules due to hydro-geological condition of the rivers, (c) unsuitability of any stretch for sustaining the period specified in these rules owing to possible change of river flow pattern and (d) any other reason to be stated in writing.

(2) Short term mining licence may also be granted to the successful bidder selected for the purpose of long term mining lease through competitive bidding, in the intervening period between issue of letter of intent for such long

R.44 Application for Short Term Mining Licence of riverbed occurrences

(1) An application for short term mining licence shall be submitted to the District Authority or any authorised officer in the prescribed Form accompanied by a challan showing the deposit of non-refundable application fees of Rs. 3000/- (rupees three thousand) in the manner mentioned in the form.

(2) An application for short term mining licence shall not be granted unless the mining dues of the applicant, if any, are cleared beforehand.

(3) In case of raiyati land, the applicant shall have to produce a letter-of-consent from the owner of the said land stating that he has no objection to the use of the said land by the holder of the short term mining licence.


R.45 Grant of Short Term Mining Licence for minerals other than riverbed occurrences

(1) The District Authority or any authorised officer in case of minerals other than riverbed occurrences may grant short term mining licence as per guidelines to be issued by the Commerce and Industries Department from time to time to extract or remove from any specified land within the limits of his jurisdiction on pre-payment royalty at the rate specified from time to time under exceptional circumstances arising due to (a) judicial intervention and (b) for any reason to be stated in writing.

(2) Short term mining licence may also be granted to the successful bidder selected for the purpose of long term mining lease through competitive bidding, in the intervening period between issue of letter of intent for such long term lease to that bidder and execution of the formal lease deed after observing necessary formalities. Necessary modification of the mining plan to be submitted by the bidder may be made accordingly, taking into consideration the quantum likely to be

R.46 Application for Short Term Mining Licence for minerals other than riverbed occurrences

(1) An application for short term mining licence shall be submitted to the District Authority or any authorised officer in the prescribed Form accompanied by a challan showing the deposit of non-refundable application fees of Rs. 5000/-(rupees five thousand) in the manner mentioned in the form.

(2) An application for short term mining licence shall not be granted unless the mining dues of the applicant, if any, are cleared beforehand.

(3) In case of raiyati land, the applicant shall have to produce a letter-of-consent (LOC) from the owner of the said land stating that he has no objection (NOC) to the use of the said land by the holder of the short term mining licence.


R.47 Conditions of Short Term Mining Licence

Every short term mining licence for minor minerals granted under rule 43, shall be subject to the conditions as specified by the Commerce and Industries Department.


R.48 Area and Period of Short Term Mining Lease

A short term mining licence may be granted for a specified area not above three hectares and for a period not exceeding 90 days in the prescribed Form. The short term mining licence shall not be renewed.


R.49 Chapter III and V not to apply to Short Term Mining Lease

The provisions of Chapter III and V shall not apply to short term mining licence given under this chapter.


R.50 Penalty

(1) Any person extracting any minor mineral without a proper lease or licence granted under these rules, or storing or transporting such minor minerals extracted in unauthorised manner shall be punishable with imprisonment for aterm which may extend to two years or with fine which may extend to one lakh rupees or both.

(2) When any person trespasses into any land in contravention of the provisions of these rules, such trespasser may be served with an order of eviction by the State Government or any other authority authorised in this behalf by the State Government and the State Government or such authorised authority may, if necessary, obtain the help of the police to evict the trespasser from the said land.

(3) Whenever any person removed without any lawful authority, any mineral from any land, and for that purpose, brings on the land, any tool, equipment, vehicle or any other thing, such mineral, tool, equipment, vehicle or other thing shall be liable to be

R.51 Appeal

(1) Any person aggrieved by an order made by the District Authority or any officer duly authorised by the District Authority in exercise of the powers conferred upon him by these rules, may, within thirty days from the date of communication of the order to him, prefer an appeal against the order.

(2) The memorandum of appeal shall be made to the concerned Divisional Commissioner, if the order appealed against has been passed by the District Authority.

(3) Each memorandum of appeal shall be accompanied by a treasury Challan showing the deposit of a fee of Rs. 1000/-(rupees one thousand) only in the Government Treasury or sub-Treasury of the District concerned or in any branch of the State Bank of India doing treasury business or in the Reserve Bank of India at the credit of the State Government under the specified head.

(4) An appeal may be entertained even after the period specified in sub-rule (1)(a), if the applicant satisfies the appellate authority

R.52 Review

The Divisional Commissioner as the case may be may, on an application from an aggrieved party, within thirty days from the date of communication of the order, or on its own motion, within six months from the date of passing of an order, review the order on the ground of the discovery of a new fact not known to it when the order was passed or on any other ground considered necessary for mineral development.


R.53 District Mineral Foundation

(1) In the districts for the area affected by mining related operation the State Government in Commerce & Industries Department may by notification establish a trust as a non-profit body to be called District Mineral Foundation(hereinafter DMF).

(2) The manner in which DMF shall work for the interest and the benefit of the persons and the areas affected by the mining related operations, a composition and function of DMF is to be notified by the State Government in Commerce & Industries Department.

(3) The amount to be paid to DMF by the holder of the mining lease or a prospecting licence cum mining lease holder in addition to royalty, not exceeding one-third of such royalty as may be prescribed by the State Government in Commerce & Industries Department.


R.54 Register of Mining lease

(1) A register of mining lease in respect of minor minerals shall be maintained specifying as faras may be the following:

(i) serial number;

(ii) name of the applicant;

(iii) residence of the applicant;

(iv) date of application;

(v) situation and boundaries of the land;

(vi) district;

(vii) revenue thana;

(viii) village mouza,

(ix) J.L. No.;

(x) plot numbers;

(xi) name of mouza;

(xii) estimated total area;

(xiii) name of the mineral or minerals for which the lease has been granted;

(xiv) date of the grant of lease;

(xv) period from which granted, renewed or extended;

(xvi) application fee paid;

(b) the mineral so extracted shall not be conv

R.58 Rules 11-19 not to apply for the first two years (stage one) of Prospecting Licence cum Mining Lease

 The provisions of Rules 11-19 shall not apply to the stage one of prospecting licence cum mining lease.


R.59 Removalof Doubt

The matters not covered under these rules, shall be guided by the Central Act or the regulations and rules made thereunder and amended from time to time for the purpose of development and regulation of mines and minerals.


R.60 Power to remove difficulty

If any difficulty arises in giving effect to the provisions of these rules, the State Government may pass such order not inconsistent with the provisions of these rules for removing such difficulty.


R.61 Declaration of ineligibility of the pending minor mineral applications for mining lease including the applications of reclassified major minerals

All applications for mining lease of minor minerals including the reclassified minor minerals vide SO No-423(E) dated 12 February, 2015 received prior to the giving effect to this rules irrespective of its duration of pendency shall become ineligible.

Provided that if the applicant has been issued a Grant Order or Letter of Intent(Lol) or any other Government Order requiring the alteration of applicant's position then his mining lease application may be considered after due compliance of the all the necessary conditions.


R.62 Repeal

(1) The West Bengal Minor Mineral Rules, 2002, is hereby repeated.

(2) Notwithstanding such repeal, anything done, any action taken, or any prosecution started under the said rules, shall be deemed to have been validly done or taken, or started as the case may be, under the corresponding provisions of these rules.


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