Provisions in Act & Rules (Major Minerals)

PROVISIONS IN ACT & RULES (MAJOR MINERALS)

§  Mines & Minerals (Development & Regulation) Act-1957 provide for development & regulation of mines & minerals under the control of the Union.

§  Mineral Concession Rules-1960, framed by the Central Government, under section-13 of the act for regulating, grant of major mineral concession.

§  Types of Mineral Concession.

- Reconnaissance Permit (RP)

- Prospecting Licence ( PL)

- Mining Lease ( ML)

New Applications

Procedure / Type of Concession
RP / PL / ML
Apply to whom / Secretary, Industries and Mines Dept., Sachivalaya, Gandhinagar through Respective District Collector / Secretary, Industries and Mines Dept., Sachivalaya, Gandhinagar through Respective District Collector / Secretary, Industries and Mines Dept., Sachivalaya, Gandhinagar through Respective District Collector
Prescribed form / Form-A (*) / Form- B (*) / Form I (*)
Application Fee / Rupees Five per sq.kms / Rs. 250/- for first sq.km or part thereof and Rs. 50/- for each additional sq.km / Rs. 2500/- as application fee and Rs. 1000/- as preliminary expenses
Enclosure of applications / 1. Mining dues clearance certificate for PL/ML holders and for others affidavit stating applicant does not hold PL/ML / 1. Mining dues clearance certificate for PL/ML holders and for others affidavit stating applicant does not hold PL/ML / 1. Mining dues clearance certificate for PL/ML holders and for others affidavit stating applicant does not hold PL/ML
2.Affidavit stating applicant has filed Income Tax returns/paid Income Tax on self-assessment basis or IT Certificate / 2. Affidavit stating applicant has filed Income Tax returns/paid Income Tax on self-assessment basis or IT Certificate / 2. Affidavit stating applicant has filed Income Tax returns/paid Income Tax on self-assessment basis or IT Certificate
3. Partnership deed/ company memorandum in case of firm/company / 3. Partnership deed/ company memorandum in case of firm/company / 3. Partnership deed/ company memorandum in case of firm/company
4. Affidavit stating area held or jointly held under RP, applied under RP as well as being applied simultaneously in state / 4. Affidavit stating area held or jointly held under PL,applied under PL as well as being applied simultaneously in state. / 4. Affidavit stating area held or jointly held under ML,applied under ML as well as being applied simultaneously in state.
5. Detailed plan and topographical map / 5. Detailed plan and topographical map / 5. Detailed plan and topographical map
6.Consent of owner in case of private land / 6.Consent of owner in case of private land
7. 7/12 record of applied area (preferred) / 7. 7/12 record of applied area (preferred)

* Form A B I-can be open with hyperlink

•  Disposal Time Limit (New Applications)

Type of
concession / Disposal time
limit / Break up at various levels
District office level for Tech/Revenue opinions / Commissioner office level / Competent Officer i.e Government
RP / 6 months / 2 months / 2 months / 2 months
PL / 9 months / 3 months / 3 months / 3 months
ML / 12 months / 4 months / 4 months / 4 months

TENURE & AREA (New Applications)

Type of concession / Tenure ( in years) / Area ( in sq.kms)
RP / Maximum 3 years / 5000 sq.kms per permit and total 10,000 sq.kms (max)
PL / Maximum 3 years / 25 sq.kms (max)
ML / Maximum 30 years / 10 sq.kms (max)

RENEWAL APPLICATION

Procedure / Type of Concession
RP / PL / ML
When to apply for renewal / No provisions for renewal / Before three months of PL expiry date / Before 12 months of ML expiry date
Renewal Form / N.A / Form E / Form J
Enclosure with application and to whom to submit / N.A / Same as new application and to be submitted to the respective District Collector. / Same as new application and to be submitted to the respective District Collector.
Renewal application fee / N.A / Same as new application / Same as new application
Renewal period / N.A / Maximum 2 years (Two renewals) / One renewal maximum 20 years (Two renewals)

•  Procedure for disposal of application

District Level

1. Surveyor scrutinizes the map of the applied area on following points.

(i)  Map of applied area tallies with the village map of DILR

(ii)  Area shown in map tallies with the area mentioned in application.

(iii)  Overlapping with existing leases and earlier applied areas

(iv)  Scrutiny with respect to public places and permanent features.

(v)  To work out free hold area for further processing.

1. One copy of the application is forwarded to concern Mamlatdar for report of availability of land, if applied area is Gauchar land, the Mamaltdar will get the village Panchayat resolution.
2. In case of forest land, one set of application is sent to forest department for report.

§  District Geologist will inspect the applied area and will submit technical report in prescribed format which include Geology of area, availability of applied minerals, and other application related details with clear technical opinion to grant or refuse the application, and prepare a technical report.

§  The Collector will scrutinize the revenue report through the concerned district Geologist. The concerned Geologist office shall prepare a comprehensive proposal including technical, Revenue, overlapping and other required reports if any, along with composite map of the applied area and gets approved by the Collector, send to the C G M Office.

•  Procedure for disposal of application Commissioner Office

§  Scrutiny of technical report along with revenue opinion received from the District Geologist .(Comprehensive proposal)

§  Scrutiny of map of the applied area (Drawing Branch)

§  Whether the applied area is covered under explored area by department or not, is verified ( Report Cell).

§  Comprehensive proposal including technical and revenue opinion is prepared and send to IMD through SFS (Single File System).

Procedure for disposal of application Government Level

§  Industries and Mines Department is the competent authority for disposal of the applications in the State.

§  In case of Schedule-I (*) minerals, pre consent of Central Government is essential for grant of concession by State Government. (Rule 5(i)

§  Process of comprehensive proposals received from C G M office through S F S.

§  State Govt. will issue grant order in case of RP and PL and will issue L O I in case of ML application.

§  State Government after giving an opportunity of hearing and reasons recorded in writing, communicate to the applicant for refusal of application of RP (Rule-5 (i))

§  State Government after giving an opportunity of hearing and reasons recorded in writing, communicate to the applicant for refusal of application of PL (Rule-12 (1))

§  State Government after giving an opportunity of hearing and reasons recorded in writing, communicate to the applicant for refusal of application of ML (Rule-26

(1))

LETTER OF INTENTION (LOI)

§  LOI is issued in case of ML application before issuing grand order.(Rule-22(4))

§  The conditions of LOI are,

(i)To produce IBM approved mining plan within 6 months.

(ii)To produce MOEF clearance within 6 months if the area exceeds 5 hectors.

(iii) If the applied area is explored by department, then exploration charges are to

be paid within 6 months.

(iv) Any other conditions put by the Government.

§  After fulfilling the above conditions, grant order is issued by the IMD, Government of Gujarat.

•  PROCESS OF EXECUTION AFTER GRANT ORDER

Procedure / Type of Concession
RP / PL / ML
Time limit for execution / 3 months / 3 months / 6 months
Measurement by DILR / 3 months / 3 months / 6 months
Fixation of stamp duty / 3 months / 3 months / 6 months
Security deposit / Rs.20/- for sq.kms / Rs. 2500/- for sq.kms / Rs. 10,000/-
Deed execution / Form- F-1 / Form-F / Form-K
Registration of lease deed / Not required / Not required / Required under rule 31(2) of MCR-1960

•  PERMISSION OF CENTRAL GOVERNMENT FOR EXCESS AREA

–  Maximum area for which RP/PL/ML may be granted

Type of concession / Maximum area to be granted
Reconnaissance Permit / 10,000 sq.km under sec. 6 (1) (aa)
Prospecting License / 25 sq.km. under sec. 6 (1) (a)
Mining Lease / 10 sq.km under sec. 6 (1) (b)
§  In the interest of mineral development Central Govt. may permit area in excess of aforesaid area.
§  Pre consent of Central Govt. is required for excess area.