Maharashtra
I. INTRODUCTION
Minerals are the property of State irrespective of surface ownership. In order to exploit any mineral, the concerned State Government should give permission by following the mining policy of the state concerned. The seventh schedule under article 246 of the Constitution of India deals with the division of powers between the Union and the States by classifying the powers into three lists, Viz. Union List, State List and the concurrent List. Under list I, entry 54, of the said schedule the Central Government is empowered to make legislation to regulate Mines & Minerals in the country. However, to the limited extent under list II entry 23 of the schedule the states are also delegated with powers over the subjects not covered by the Central Legislation. The Mines & Minerals (Development and Regulation) Act, 1957 (MMDR Act) was brought in by the Central Government which is a comprehensive legislation in this subject. For the purpose of this Act, minerals are classified as Major Minerals and Minor Minerals. All the minerals except those specified as Minor Minerals u/s 3(e) of the Act are Major Minerals. To name a particular mineral as minor mineral, there must be a declaration to this effect by the Central Government u/s 3(e) of the Act. In this article we deal with only “Stone Aggregates.” A stone aggregate is the name derived commercially in course of time by the civil engineers in the construction projects for their use. This terminology is not assigned as a mineral by the Central Act. Further the MMDR Act also delegated power to the State Government for framing its own rules touching various aspects under Section 15 and Section 23C of the Act. This means the State Government need to frame its own rules as per the limitations contained in the Central Act. In this article the author would like to touch upon various provisions relating to stone aggregate mining in the State of Maharashtra.
II. NOMENCLATURE OF STONE AGGREGATE
As said earlier the nomenclature of any mineral is important to fit in the policy frame work. Depending on the nomenclature the relevant rules are applicable to regulate the mining activity. Various minor minerals are declared as minor minerals from time to time by the Central Government u/s 3(e) of the Act. Now let us confine to the nomenclature for stone aggregate. The nomenclature of Stone Aggregate is used mainly in concrete making. But it is also used in respect of stone used for soling purpose in road making and as railway ballast as cushion to the railway track. But the entire material is derived out of stone boulders. The Government of India declared “building stone” as minor mineral, at the time of issuing MMDR Act itself. Subsequently vide notification G.S.R. 436(E), Dated: 01-06-1958 “Boulder, Shingle, Chalcedony pebbles used for ball mill purposes only” are added as minor minerals. Further GOI vide notification issued in G.S.R. 341(E), Dated: 25-02-1965 declared “Stone used for making household Utensils, Quartzite and sandstone when used for purposes of building or for making road metal and household utensils” as minor minerals.
III. THE MAHARASHTRA MINOR MINERAL EXTRACTION (DEVELOPMENT AND REGULATION) RULES, 2013 (published vide notificationNo. Gaukhani-10/0812/C.R. 613/kh, dated 18.07.2013 (last updated 14.02.2020))
CHAPTER – I
This Chapter deals with definitions for the purpose of this article. Following definitions are worth to know.
I. Definitions:
(1) “Building stone” means any rock or mineral which is used as building or construction material and includes such Minerals as specified in the Schedule appended to the Act (Rule 2 (g))
Author’s view: To avoid technical complications the Government would have resorted for listing out the building stone and other such nomenclatures as given by GOI from time to time under section 3(€) of the Act.
(2) “Competent Authority” means (Rule 2(h))
(i) for the purpose of Chapter IV of these rules in the case of quarries situated on the lands owned by the Public Works Department and Water Resources Department of Government, the Executive Engineer of the concerned Division in case of the permits up to a maximum of 25,000 brass for the use of Departmental work only, the Tahsildar, where minor minerals are to be extracted and removed from any land within the limits of their respective jurisdiction in quantities not exceeding 500 brass, sub-Divisional Officer of Revenue Department, where minor minerals are to be extracted and removed from any land within the limits of their respective jurisdiction in quantities not exceeding 2000 brass, the Collector or Additional Collector of the District where minor minerals are to be extracted and removed from any land within that district, in quantities not exceeding 25000 Brass
(ii) For the purpose of auction of minor mineral, Competent Officer means the Collector or Additional Collector; and
(iii) any other officer appointed by the Government by notification in the Official Gazette
(q) “specified minor mineral” means limestone, lime shell, bentonite, fuller’s earth or such other mineral as may be specified by the Central Government in the Official Gazette, from time to time, and the threshold value of the minor mineral specified by notification issued by Indian Bureau of Mines (Rule 2 (q))
(r) “quarry lease” means a lease to mine, quarry, bore, dig, search for, win, work and transport or carry away any minor mineral specified therein (Rule 2 (r))
(s) “quarry license or lease” means a license granted under these rules wherein a licensee is required to pay fixed annual license fee exclusive or inclusive of royalty, as the case may be; (Rule 2 (s))
(t) “quarry permit” means a permit granted under Chapter-IV of these rules to extract and remove any minor mineral in specified quantities and specified time; (Rule 2 (t))
CHAPTER – II
This chapter deals with:
(1) Procedure for Grant of Quarry Leases: As per the procedure laid under Rule 3 prospecting operations are mandatory for grant of quarry lease. However, if the District Mining Officer confirms the existence of Minor Mineralsin the applied area the quarry lease shall be granted directly.
Author’s view: There is ambiguity in the said rule and better it is clarified and established procedure is laid down for applying directly to a quarry lease.
(2) Period for which prospecting license may be granted or renewed: The period for which a prospecting license may be granted shall not exceed two years. (Rule 4)
(3) Scheme of prospecting: (1) Every holder of a prospecting license for minor mineral shall submit to the State Government or any person authorized in this behalf by the Government within a period of sixty days from the date of execution of the prospecting license a scheme of prospecting indicating the manner in which he proposes to carry out the prospecting operation in the area covered by the license and the scheme shall incorporate about Geological mapping, Particulars of the area, the scale of the plan and the area of geological mapping, the number of pits, trenches, and bore holes which he proposes to put in the area and the locations thereof, the particulars of the machinery to be used, the details of exploratory mining to be undertaken, the number of samples proposed to be drawn and tested, baseline information of prevailing environmental conditions before the beginning of the prospecting operations, any other matter relevant for the preparation of a scheme of prospecting, as directed by the State Government or any person so authorized, from time to time by a general or special order.( Rule 5(1))
(2) The prospecting scheme under sub-rule (1) shall be prepared by a recognized person or a geologist or a mining engineer employed under the rule (Rule 5(2).)
(4) Report of prospecting operations: (1) Every holder of a prospecting license for minor mineral specified or ornamental stones or non-specified mineral shall submit to the Government or any Officer authorized in this behalf by the Government an annual report for the previous year in Form- A so as to reach them by the 30th April every year. (Rule8)
(5) Mode of granting quarry lease: (1) Subject to the provisions of these rules, mineral concessions for quarry lease may be granted by the Competent Authority either on receipt of application or by way of public auction.
(2) A quarry lease may be granted for quarry operation on the conditions of payment of lease money including royalty, dead rent, surface rent, water rates payable to Government and the lessee shall have the right of quarry and disposing the extracted minor minerals. (Rule 9)
(6) Restriction on grant of quarry lease: (1)Except with the prior approval of the Government, no quarry lease shall be granted to any person other than an Indian national as defined in the Explanation to sub-section (1) of section 5 of the Act.
(2) Except with the prior approval of the Directorate, no quarry lease shall be granted in respect of any specified minor mineral.
(3) Except with the prior approval of the Government no quarry lease shall be granted in respect of land notified by the Government as reserved for public utility or for any other special purposes like areas of historical, geological and archaeological interest. (4) No quarry lease shall be granted in the areas under the jurisdiction of the local bodies such as Gram Sabha, municipality or corporation or any metropolitan authority as the case may be without prior approval of such local bodies. However, if the approval is not received within the period of forty five days, the approval shall be deemed to have been granted for the purpose of grant of lease. However, if the concerned Gram Sabha does not give permission for quarry operations then the Sub-Divisional Officer of the area shall arrange the Gram Sabha and after hearing the Gram Sabha the Sub-Divisional Officer can take the decision on merit.
(5) No quarry lease shall be granted in the areas where it is necessary in the interest of the regulation of mines and minerals development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communication or ensure safety of building, monument or other structures or for such other purposes. If necessary, the opinion of the concerned authority may be sought for by the Competent Authority.
(6) No quarry lease shall be granted in the areas if Competent Authority is of the opinion that it is necessary or expedient so to do for securing or maintain proper sanitation or public health or the orderly development of any area or for any like purposes.
(7) No commercial quarry lease shall be granted in eco-sensitive zone of notified under the Environment (Protection) Act, 1986 (29 of 1986) within notified area around wildlife Sanctuaries and National Parks. (Rule 10)
(7) Application of quarry lease: (1) Every application for quarry lease in respect of any land shall be made to the Competent Officer in Form-B. Every such application shall be affixed with a court-fee stamp of rupees twenty. Rule 11(1)
(2) Every such application shall be accompanied by a challan of rupees five hundred as the application fee and also by a Solvency Certificate of the applicant issued from a revenue officer not below the rank of Tahsildar. Rule 11(2)
(3) Every application for renewal of quarry lease shall be made to the Competent Officer in Form-C at least sixty days prior to expiry of the original period of quarry lease. Such application shall be accompanied with a challan of rupees five hundred as an application fee and Solvency Certificate of the applicant issued from a revenue officer not below the rank of Tahsildar. Rule 11(3)
(4) The area for which quarry lease is applied shall be a contiguous one. Rule 11(4)
(5) Every application for grant or renewal of quarry lease shall be in addition to the documents mentioned above shall be accompanied with Mining dues clearances certificate, record of rights of the area applied for, a map showing the location of the area, Approved Mining plan and progressive mine closure plan for the area in case of renewal, solvency Certificate of the applicant issued from a revenue officer not below the rank of Tahsildar, environment Clearance Certificate issued from the appropriate authority in case of renewal, if environment clearance period expires for the period requested for extraction. Rule 11(5)
Author’s View: Insistence of solvency certificate is not in accordance with MMDR Act
(8) Incomplete application: The application without the required documents as mentioned in rule 11, shall be treated as incomplete and shall not be considered for granting lease. The applicant shall be informed to complete the application within a period of six months from the date of letter of intent for a grant of quarry lease. In case of non-compliance on the part of applicant in the stipulated period, the application will be treated as refused and the fees shall be forfeited. In such case, the date of receipt of complete application shall be treated as the date of receipt of application for deciding the application. (Rule 12)
(9) Grant of quarry lease, execution and registration thereof: (1) On receipt of an application under rule 11, the Competent Officer on making such inquiries as he deems fit, may, by order, sanction the quarry lease or renew of quarry lease wholly or partially or refuse to sanction it.
(2) If two or more applications are received for the same area, the applicant whose application was received earlier shall have the preferential right for grant of the quarry lease over an applicant whose application is received later provided that, while deciding any such application, the Competent Officer may take into consideration the matters specified below and grant the quarry lease to any such person whom he may deem fit whether he has undertaken prospecting operations or has certificate of District Mining Officer regarding existence of minor mineral presence in the area, whether he has any special knowledge or experience in mining operation or in Geology, the financial resources of the applicant, the nature and quality of technical staff employed or to be employed by the applicant, such other matter as may be specified by the Government by an order from time to time.
(3) Where a quarry lease is granted under sub-rule(1), a lease Deed shall be executed in Form-E within sixty days from the date of the order of granting the lease, and if no such lease Deed is executed within the aforesaid period, the Competent Officer may revoke the order of such grant of lease provided that, where the Competent Officer is satisfied that the applicant is not responsible for the delay in the execution of the lease Deed, he may permit the execution of lease Deed after the expiry of the aforesaid period of sixty days.
(4) The lease Deed shall be registered with the concerned Registrar of Stamp Duties. (Rule 14)
(10) Period for which lease may be granted or renewed: (1) The period for which a quarry lease may be granted shall be of five years without approval of the Government and ten years with the prior approval of the Government provided that, the maximum period for which any such lease may be granted shall not be more than twenty years.
(2) A lease may be renewed at the option of the lessee for a period not exceeding the duration of the original lease.
(3) Notwithstanding anything contained in sub-rule (2), if the Government is of the opinion that in the interest of development of minor minerals, it is necessary to do so, it may, for reasons to be recorded in writing, authorize the renewal of a lease for a further period or periods not exceeding five years in each case. (Rule 18)
Author’s view: The Government of India has specified a minimum period of 50 years for a mining lease. The Government of Maharashtra may adapt same period in respect of all minerals which require heavy equipment for extraction and where heavy equipment is not required the less period can be considered.
(11) Minimum and maximum area for grant of a quarry lease: The minimum area that may be granted under a quarry lease shall not be less than one hectare, in respect of small deposits (not fragmented portions of larger ones), shallow in nature, isolated and not exceeding more than 200 meters in strike length. These deposits are small by virtue of either origin or mode of emplacement or dislocation due to geological disturbances. Small deposits shall also include float deposits (transported) formed due to mechanical weathering and deposition, alluvial or alluvial buried or otherwise, which generally have peculiar configuration, two hectares in respect of beach sands or placers (Beach sands or placers are mono or multi mineral concentrations) including the dunes occurring on and off the coastal shore line. These deposits are the products of ebb and flow of tides, waves and inshore current, and at places semi-consolidated to consolidate in nature provided that, in case of renewal of mining lease, the restrictions of minimum area for grant of mining lease shall not be applicable provided further that, the Government, if satisfied on the basis of proposed production level, geological or topographical conditions, may, for reasons to be recorded in writing, grant quarry lease not exceeding fifty hectare provided also that, the Government may, after recording reasons in writing, grant quarry lease of the area less than minimum area mentioned above in case of artisan and traditional workers. Rule 19
Author’s view: The ceiling limit for grant of major minerals is 1000 hectares. Recently 31 major minerals are declared as minor minerals. Therefore, the ceiling limit of 50 hectares imposed by government needs to be reviewed.
(12) Mining plan as a pre-requisite to the grant of quarry lease: as far as mining plan requirement is concerned the procedure laid down under MCDR are adapted. (Rule 20 to 22)
(13) Approval and submission of Mining Plan: On receipt of the application for grant of mining lease for undertaking mining operations for minor minerals, the Government shall take decision to grant precise area for the said purpose and communicate such decision to the applicant and on receipt of the communication from the Government of the precise area to be granted, the applicant shall submit a mining plan within a period of three months from the date on which such communication is received or such further period as may be allowed by the Government for the approval. The said mining plan shall incorporate details of geology, plan of mining and mine closure Financial assurance etc.,Mining Plan to be submitted by existing lessee also. (Rule 23)
(16) Payment of royalty, dead rent etc. When the quarry lease is renewed, royalty, dead rent, surface rent and other dues with lessee thereon shall be charged at the rates in force, from time to time.
As per schedule I issued by way of the Maharashtra Minor Mineral Extraction (Development and Regulation) (amendment) Rules, 2015 the royalty payable in respect of stone removed irrespective of size including stone dust either by excavation or collection is Rs.400 per brass (100 cubic feet). The dead rent is uniformly levied at Rs.6000 per Hectare or portion thereof.
Author’s view: Normally once in three years these rates are liable to be revised. Since there is no information available it is not known whether the rates are revised or not. The rates of dead rents are very minimal when compared with other states.
(17) Transfer of quarry lease. (Rule 45)– (1) Except with previous consent in writing of the Competent Officer, the lessee shall not,-
(a) assign, sub-let, mortgage or in any other manner, transfer, the quarry lease or any right, title or interest therein, or
(b) enter into, or make any arrangement, contract or understanding whereby the lessee may be financed to a substantial extent or may be substantially controlled by, any person or body of persons other than the lessee.
(2) The lessee may, with the previous consent in writing of the Competent Officer, transfer his lease or any right title or interest therein, to any person on payment of a fee of rupees ten thousand to the Government:
Provided that, if the lease was granted with the approval of the Director (as in the case of specific mineral) it shall not be transferred unless approval of the Director is obtained.
Provided further that, no lease or permit granted to a co-operative labour society, in pursuance of a direction made under rule shall be transferred except to another such society.
(3) Where the lease is transferred, the transferor shall furnish to the transferee with the original or certified copies of all plans or abandoned working in the areas covered by the lease and also the original lease deed.
(4) The Competent Officer shall not give his written consent for transfer of any quarry lease unless the lessee has furnished a properly sworn in affidavit along-with his application for transfer of quarry lease specifying therein the amount that he has already taken or propose to take as consideration from the transferee:
Provided that, the amount of consideration taken or proposed to be taken shall include only such sum spent by the lessee (Transferor) in obtaining the quarry lease and for conducting all quarry operations over the lease area.
(5) The Competent Officer may by order in writing determine any transferred lease at any time, if the lessee has, in the opinion of the Competent Officer, committed a breach of any of the provision of these rules:
Provided that, no such order shall be made without giving the lessee a reasonable opportunity of showing cause against making such an order.
(6) The Competent Officer may, in the interest of mineral development and 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 whose period will expire first.
Author’s view: The policy of Government of Maharashtra is very liberal when compared with other states.
CHAPTER- III
This Chapter deals with Terms and Conditions of Quarry Lease (Rule 46 to 57)
(1) Every quarry lease shall be subjected to conditions. (i) The lessee shall pay royalty on minor minerals removed from the leased area at the rates specified by the Government, from time to time, on the date of the grant of the lease
Provided that, such rates may be revised only once in every three years.
(ii) The royalty shall be paid by the lessee quarterly for the quarters ending March, June, September and December and shall be payable within fifteen days after completion of every quarter.
(v) The lessee shall also pay for every calendar year of the lease such yearly dead rent as specified by the Government, from time to time, and if the lessees permitted the working of more than one mineral in the same area, shall pay such separate dead rent in respect of each mineral as may be fixed by the Government, from time to time:
Provided that, the dead rent may be revised once in every three years:
Provided further that, the lessee shall be liable to pay the dead rent or royalty whichever is more, but not both, in respect of each minor mineral:
Provided also that, the dead rent shall not be payable for the first three month following the execution of lease.
(ix) The lessee shall take adequate steps to ensure that height and width of benches in opencast quarries are properly maintained to facilitate easy removal of mineral and the muck. In case of quarry in alluvium or soil or murum or gravel clay or debris or any such loose or soft formation the faces of the quarry shall be sloped at an angle of safety not exceeding forty-five degree (450 ) from the horizontal so also the faces of the quarry shall be worked by the lessee in such a way so as to form benches and the height of every such bench shall not exceed one and half meters (1.5 meters with the breadth thereof not less than the height). In case of hard-rock formations the faces of quarry shall be sloped at an angle of not more than sixty degrees (600) from the horizontal and the quarry face shall be in bench pattern. The height of any bench shall not exceed six meters and the breadth thereof shall not be less than the height. The minor minerals won are stacked in suitable dimension and each stack is numbered.
(xiv) The lessee shall not carry on or allow to be carried on any quarry operations at any point within a distance of fifty meters, if no blasting is involved, and two hundred meters, if blasting is involved from the boundary of any railway line, unless a written permission of the railway authority concerned is obtained in that behalf. From the boundary of any reservoir, canal, road, river, nallah, irrigation works or public works or buildings, unless a written permission of concerned authority of the Government is obtained in that behalf. In granting any such permission, the Government may impose such conditions on advice of railway authority or any concerned authority and the lessee shall abide by such conditions.
(xvii) Where the strengthening or supporting of any part of quarry is necessary for the safety of any railway, reservoir, canal, road or any other public work or structure, the lessee shall cause it to be done to the satisfaction of the concerned railway authority where the safety of the railway is involved and to the satisfaction of any officer, authorised by Competent Officer for this purpose.
(xviii) If the lessee fails to undertake quarry operations within a period of one hundred eighty days after the date of execution of the lease, or, having commenced quarry operations, has discontinued the same for a continuous period of one hundred eighty days, the lease shall be treated as lapsed on the expiry of the period of one hundred eighty days from the date of execution of the lease or as the case may be, discontinuous of the quarry operation provided that, the Competent Officer may, on an application made by the holder of such lease before its expiry under this sub-rule and on being satisfied that it will not be possible for the holder of the lease, to undertake mining operation or to continue such operations for reasons beyond his control, make an order, subject to such conditions as may be specified in the order, to the effect that such lease shall not lapse provided further that, the Government may on an application submitted by the lessee, within a period of six months from the date of its lapse and on being satisfied that such non- commencement or discontinuance was due to reasons beyond the control of the holder of the lease, revive the lease from such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the lease provided also that, no quarry lease shall be revived under the aforesaid provisos for not more than twice during the entire period of the lease. (xxi) The lessee or his transferee or assignee shall not erect any building in contravention of the provisions of any law, order or instructions in force relating to the erection of the buildings or in contraventions of any orders issued by any officers or authority competent to issue such orders under any such laws, orders or instructions within whose jurisdiction the leased area is situated.
(xxii) The Government shall at all times have the right of preemption of the minor minerals won from the land in respect of which the lease has been granted:
Provided that, the fair market price prevailing at the time of pre-emption shall be paid to the lessee for all such minor minerals.
(xxiii) Right of the State or Central Government or any local authority to construct any road, railway, canal, reservoir or public work or the right of any authority to carry any electric or telephone lines or poles in or over the lands demised under the lease is reserved: Provided that, before such right is exercised a notice of not less than thirty days shall be given to the lessee and the area utilized for any of the aforesaid purpose shall be excluded from the area under the lease.
(xxiv) The lessee shall immediately submit a report to the Collector, the District Magistrate, the Chief Inspector of Mines, Dhanbad, the Controller General, Indian Bureau of Mines, the Director and Senior Geologist or Geologist, Junior Geologist posted in the area as soon as the depth of any opencast excavation measured from its height to the lowest point reaches six meters, or the explosives are used, and at such time thereafter as the District Magistrate or the Chief Inspector of Mines may direct.
(xxvii) The lessee shall pay to the occupier of the surface of the land, such compensation as may primarily be decided, mutually, amongst the lessee and the individual land holders, prior to any disturbance to the land that would be caused by the quarry operations. The lessee shall for this purpose, submit an affidavit at the time of execution of the quarry lease deed, to the effect that he has entered into such mutual agreements with all the concerned land holders and with those land holder with whom such an agreement could not be entered into, the lessee has obtained provisional written order from the concerned Sub-Divisional Officer to enter into such land with the intention of commencing quarry operations provides that, the concerned Sub-Divisional Officer shall have such case registered in his court under the provisions of section 48 of the Maharashtra Land Revenue Code, 1966 provided further that, the concerned Sub-Divisional Officer shall settle such cases of surface compensation regarding quarry lease on priority basis and considering the merits of the cases.
(xxviii) In case of quarry lease granted over any Government land, lessee shall pay to the Government the compensation or occupancy price as determined and fixed by Revenue authorities.
Author’s View: The charges are not demanded in other states.
(xxix) The lessee shall comply strictly all the relevant provisions of the following Acts and Rules and corresponding procedures framed by the Central or State Governments under these Acts and rules, namely the Mines Act 1952, the Mineral Conservation and Development Rules-1988, any other Act or rules which the Central or State Government may make applicable, from time to time, as regards minor minerals.
(xxx)(i) The lands on which quarry lease is granted shall be reclaimed by the lessee.
(ii) The lessee shall restore ecological balance before mining operations.
(iii) The lessee shall plant the trees around the leased area and maintain the same. He shall ensure that the greenery in the area is maintained.
(2) Rights of lessee: Subject to the conditions mentioned in rule 46, the lessee shall have the right, for the purpose of his quarry operations, to
(1) work quarries;
(2) sink pits and shafts and construct building and roads;
(3) erect plant and machinery;
(4) surrender of part of the area leased out to him during continuance of the lease, provided the lessee again demarcates the area so retained at his cost and give at least six months’ notice to the Competent Officer about his intention to surrender part of the area
(5) quarry and obtain building and road materials and make bricks on payment of royalty
(6) use water
(7) use land for stacking purposes
(8) do any other thing specified in the lease.
(3) Right to determine lease: (1) The State Government may determine the lease, as per the provisions of rule 46.
(2) The lessee may determine the lease, at any time by giving not less than sixty day’s notice, in writing, to the Competent Officer, stating specific reasons in the notice provided that, such determination shall have the effect only if the Competent Officer is satisfied as regards the reasons given by the lessee and gives his written consent for such determination by the lessee, prior to the expiry of the said notice period of sixty days.
(4)Systematic and Scientific Mining is mandatory
(5) Protection of environment: Every holder of a prospecting license or a quarry lease shall take all possible precautions for the protection of environment wildlife habitat, flora and fauna of that area and control of pollution while conducting prospecting, mining or processing of minor mineral in the area for which such license or lease is granted.
This also deals with: (6) Precaution against air pollution, Discharge of effluents, Precaution against noise. (7) Permissible limits and standards. (8) Restoration of flora.
CHAPTER IV
This chapter deals with Grant of Quarry Permits for Minor Minerals (Rules 58 to 67)
(1) District Committee. – There shall be a committee in every district under the Chairmanship of District Collector to prepare the District Mining Plan and ensure that the short term quarry permits are granted in accordance with the District Mining Plan. The District Level Committee shall consist of the following: –
1. District Collector – Chairman
2. District Level Officer of the Maharashtra Pollution Control Board – Member
3. Deputy Conservator of Forest – Member
4. District Level Officer of the Ground Water Survey and Development Agency – Member
5. District Mining Officer – Member Secretary
These rules also provide:
(2) Grant of short term permits for minor minerals.
(3) Grant of Quarry permits by Revenue officers over lands in charge of Water Resources Department, Public Works Department.
(4) Application for quarry permits: (1) An application for quarry permits shall be made in Form- P to the Competent Officer and shall contain particulars mentioned there-in
(5) Application or Processing fee: The application shall be accompanied with the processing fee as follows:-
(i) for permit for quantity 500 brass and below … five hundred rupees;
(ii) for permit for quantity 501 brass to 2000 brass … two thousand rupees;
(iii) for permit for quantity 2001 brass to 25000 brass ……… rupees five thousand.
In case of refusal of grant of permit applied for, the fee shall not be refunded.
(6) Conditions on which quarry permit shall be granted. – (1) Every quarry permit granted under rule 59 and 60 shall contain a condition that at no time the depth of the pit below the surface exceeds six meters.
(2) Any quarry permit granted under rule 59 and 60 may contain such other conditions as the Competent Officer granting permit may deem necessary in regard of following matters such as the limit, mode and place of payment of rent and royalties etc.
(7) General Conditions: (1) All necessary statutory clearances shall be obtained before start of mining operations.
CHAPTER -V
This Chapter deals with Grant of Concession by Way of Public Auction (Rules 68 to 70)
(1) Disposal of minor minerals by way of public auction: (1) Not withstanding anything contained in the forgoing provisions, it shall be lawful for Competent Officer to dispose of or sale the demarcated blocks of river, nallah or creeks and stacks, heaps of minor mineral incidentals to constructional work by public auction for any period not exceeding one year subject to such condition as specified in rule 65.
(2) The Competent Officer may with prior approval of the Government add to or amend the conditions of auction as provided in sub-rule (1) above.
CHAPTER VI
This Chapter deals with Stocking and Selling of Minor Mineral (Rules 71 to 78)
(1) License for a dealer. – (1) No person other than a quarry permit or quarry lease holder, shall stock, sell or offer for sale any minor mineral mentioned in Schedule I in any place in State except under a dealer’s license issued under the seal and signature of the Competent Officer.
(2) Form and manner of application for a Dealer’s license and its renewal:
(a) Every application for dealer’s license or renewal shall be made to the Competent Officer in Form -S.
(b) Every such application shall be accompanied by
(i) a State Government Treasury Challan for an amount of rupees one thousand remitted in Departments Receipt Head of Account.
(ii) a location map showing the exact location of sales depot and/or office.
(c) Every application for renewal of dealer license shall be made at least thirty days before the expiry of the license. Such application shall be accompanied by the application fee of rupees one thousand.
(3) Form and particulars of license: (1) On receipt of application for the grant of dealer’s license or for its renewal the Competent Officer after, making enquiry as he deems fit, may grant or renew a licensee in Form-T or refuse to grant or renew a license.
(2) Every license issued under sub-rule (1) shall be subject to such condition and restriction as may be specified under the provisions of Act and these rules.
(3) Every license issued under sub-rule (1) shall show therein the name of minor mineral and its varieties authorized to be sold or to be offered for sale by the dealer, and the particulars of premises where the minor mineral are stocked for sale.
(4) The excavated material whether for use or waste, must not be, stocked, dumped or stored in the adjoining, reserved, protected or identified forest land, if any.
(2) Furnishing of statement of accounts by a dealer: Every dealer shall within seven days from the close of each month submit to the Competent Officer a statement of Accounts in Form-W of the total purchase and sale effected by him during the month.
(3) Cancellation of license: If a dealer fails to comply with any of the conditions of license or any of the provisions of the Act, rules or orders in this regard, the Competent Officer may by an order in writing cancel the license issued under these rules.
(4) Period of license: The period of dealer license shall be valid for a calendar year and shall expire on the 31st December of every year.
(5) Transit pass for transporting of minor mineral: Every producer and dealer shall keep with vehicle transporting the material, the transit Bar-coded pass in Form-X, duly certified by the Competent Officer. The transit pass shall be in duplicate. Duplicate copy shall be retained by the producer or dealer. The original copy of the transit pass shall be handed over to the purchaser after unloading the minor mineral. In absence of the transit pass, the minor mineral carried through the vehicle will be treated as illicit and authorized. The truck along with material shall be confiscated by the Competent Officer, Police or any person authorized for this purpose by the Competent Officer. The vehicle so seized shall only be released on payment of cost of material, royalty and taxes and fine imposed thereon. The fine so imposed may not exceed three times the market value of the mineral so seized and also may not be less than the market value of the material so seized.
CHAPTER VII
This Chapter deals with Offences, Penalties and Prosecution.
CHAPTER VIII
This Chapter deals with Appeals.
CHAPTER IX
This Chapter deals with Power of Government to call for and examine records and proceedings.
CHAPTER – X
This Chapter deals with Power of Government, Application of these rules to renewal, Invalidity of minor mineral concession in certain cases, Powers of State Government to give directions.
IV. CONCLUSION
Minerals are the backbone for the development of the Nation. Among various minerals, stone aggregate forms important mineral contributing for the development of the civilization. A small house to mammoth complexes, apartments etc. would not have been possible without stone aggregate. Mother earth has given minerals for the cherishment of her children. No matter we create pain to her in extracting the stone by taking due care to preserve our valuable environment. The proper mining policy is essential to achieve this objective. Transportation cost is becoming an impediment in the cost of stone aggregate. Rapid urban agglomeration is resulting in blocking of potential hillocks containing suitable material for making stone aggregates in the close proximity of the consuming places. Since minerals cannot be created we must ensure proper utilization of minerals wherever nature has provided by way of bringing a policy of creating exclusive mining zones by not allowing any other activity in such areas with in minimum distance at least of 1 km. Cluster mining approach in place of existing small mines of less than 5 hectares areas must be encouraged. Resorting to auctioning of stone aggregate mines is detrimental to the establishment of stone crushing industry. Instead such area can be kept under the control of the State PSU to regulate the activity by way of taking up large scale mining by forming a JV with all the stake holders who are consumers of boulders in the stone aggregate industry the mining it is large scale and the required boulders will be supplied to the industry duly following all parameters including protection of environment etc. Once scientific mining is resorted it may not cause any hindrance to the local areas and this process will help releasing potential mineral deposits which are blocked on safety reasons.
The Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 (published vide notificationNo. Gaukhani-10/0812/C.R. 613/kh, dated 18.07.2013 (last up dated 14.02.2020))
ACKNOWLEDGEMENTS
The author would like to place on record his acknowledgements to the Government of Chhattisgarh and the Directorate of Mines for the information made available in the website. But for this it would not have been possible to write this article. However, these rules need to be updated as and when amendments are issued for the better readability of the public.
It is surprised that some of the notifications are issued only in Hindi resulting in difficulty in reading. At least all notifications are required to be given in English also.
