G.S.R. 21 (E).-- In exercise of the powers conferred by section 13 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules further to amend the Mineral Concession Rules, 1960, namely:-

1. (1) These rules may be called the Mineral Concession (Amendment) Rules, 2002.

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

2. In rule 14 of the Mineral Concession Rules, 1960 (hereinafter referred to as the principal rules), in sub-rule (1), in clause (i), for the words "being not less than fifty paise and not more than five rupees", the words "being not less than rupee one and not more than rupees ten" shall be substituted.

4. In rule 22 of the principal rules,-

(a) in sub -rule (3), in clause(i), in item (a), for the words "a non refundable fee of five hundred rupees;" the words "a non refundable fee of two thousand and five hundred rupees;" shall be substituted.

"(4B) The Central Government or the State Government shall dispose of the application for approval of the mining plan within a period of ninety days from the date of receiving of such application:

Provided that the aforesaid period of ninety days shall be applicable only if the mining plan is complete in all respects, and in case of any modifications subsequently suggested by the Central Government or the State Government, as the case may be, after the initial submission of the mining plan for approval, the said period shall be applicable from the date on which such modifications are carried out and submitted afresh to the Central Government or the State Government, as the case may be." .

5. In rule 22BB, of the principal rules, after sub- rule (1), the following sub-rule shall be inserted, namely:-

"(1a)- Every mining plan submitted for approval under sub-rule(1) shall be accompanied with a non-refundable fee of one thousand rupees for every square kilometer or part thereof of mining area covered under the mining lease."

6. In rule 24A of the principal rule, in sub-rule (3), the following provisos shall be inserted at the end, namely:

"Provided that before granting approval for second or subsequent renewal of a mining lease, the State Government shall seek a report from the Controller General, Indian Bureau of Mines, as to whether it would be in the interest of mineral development to grant the renewal of the mining lease.

Provided further that in case a report is not received from Controller General, Indian Bureau of Mines in a period of three months of receipt of the communication from the State Government , it would be deemed that the Indian Bureau of Mines has no adverse comments to offer regarding the grant of the renewal of mining lease.".

7. In rule 44, of the principal rules, in clause (i), for the words " being not less than fifty paise and not more than five rupees", the words "being not less than one rupee and not more than ten rupees" shall be substituted.

8. In rule 45 of the principal rules, clause(ii) shall be omitted.

9. In rule 54 of the principal rules, in sub-rule(1), for the words "five hundred rupees", wherever they occur, the words "five thousand rupees" shall respectively be substituted.

10. After rule 63 of the principal rules, the following rule shall be inserted, namely:-

"63A. The State Government shall dispose of the application for grant of reconnaissance permit, prospecting license or mining lease in the following period:

1. Reconnaissance Permit- within six months from the date of receipt of the application for reconnaissance permit under rule 4A .
2. Prospecting License-within nine months from the date of receipt of the application for prospecting license under rule 10.
3. Mining Lease- within twelve months from the date of receipt of the application for mining lease under rule 22:

Provided that the aforesaid periods shall be applicable only if the application for reconnaissance permit, prospecting license or mining lease, as the case may be, is complete in all respects;

Provided further that the disposal by the State Government in case of minerals listed in the First Schedule to the Act shall mean either recommendation to the Central Government for grant of the mineral concession, or refusal to grant the mineral concession by the State Government under rule 5 for reconnaissance permit, rule 12 for prospecting license and rule 26 for mining lease, and in all other cases, disposal shall mean either intimation regarding grant of precise area, or refusal to grant the mineral concession under rule 5 for reconnaissance permit, rule 12 for prospecting license and rule 26 for mining lease;

Provided also that in case the State Government is not able to dispose of the application for grant of reconnaissance permit, prospecting license or mining lease within the period as specified above, the reasons for the delay shall be given in writing.".

11. For Schedule II of the principal rules, the following Schedule shall be substituted, namely:-

"SCHEDULE II

[See rule 9 (2)(a)]

Application fee for prospecting licenses

1. For first square kilometer or part thereof two hundred and fifty rupees.
2. For each additional square kilometer fifty rupees.".

  [F.No.7/3/99-M-VI.]

(S.P. GUPTA)

Joint Secretary to the Government of India

Note:- The principal rules were published in the Official Gazette, vide GSR NO.1398 dated 26.11.1960 (Notification No.M-II-159(1)/57 dated 11.11.1960) and subsequently amended vide following notifications:-.

G.S.R. 22 (E).-- In exercise of the powers conferred by section 18 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules further to amend the Mineral Conservation and Development Rules, 1988, namely:_

1 (1) These rules may be called Mineral Conservation and Development (Amendment) Rules, 2002

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

2. In rule 8 of the Mineral Conservation and Development Rules, 1988 (hereinafter referred to as the principal rules), in sub-rule (1), in clause (b), for the words "one year", the words "twelve months" shall be substituted.

3. In rule 10 of the principal rules, in sub-rule (2), for the words "or approve with such alterations as he may consider expedient", the following words shall be substituted, namely:-"or approve with such alterations as he may consider expedient within a period of ninety days".

4. In rule 27 of the principal rules, for sub rule (4), the following sub-rule shall be substituted, namely:-

"(4) The plans and sections required under these rules shall be maintained up-to-date within three months in case of category ‘A’ mines as referred to in clause(b) of sub-rule(1) of rule 42, and within twelve months in the case of any other mine.".

5. In rule 28 of the principal rules, in sub-rule (5), in clause (ii), for the word "fifteen", the word "twenty" shall be substituted.

6. In rule 29 of the principal rules, for the words, figures and letters "on or before the 31^st day of March," the words, figures and letters "on or before the 30^th day of June" shall be substituted.

7. After rule 50 of the principal rules, the following rule shall be inserted, namely:_

" 50A. Notice of amalgamation of mining lease:- Without prejudice to the provisions of the Act or any rules made thereunder or the terms and conditions of a mining lease, every holder of a mining lease shall within thirty days of the date of amalgamation of mining leases carried out under rule 38 of Mineral Concession Rules, 1960, send an intimation thereof to the Controller General and the State Government."

8. For rule 58 of the principal rules, the following rule shall be substituted, namely :-

" 58. Penalty:- Whoever contravenes any of the provisions of these rules shall be punishable with imprisonment for a term which may extend up to two years, or with fine extending to fifty thousand rupees or with both, and in the case of continuing contravention with an additional fine which may extend up to five thousand rupees for every day during which such contravention continues, after conviction for the first such contravention.

Provided that for repeated contravention the punishment should be in the form of imprisonment only:

Provided further that any offence punishable under these rules may either before or after the institution of the prosecution, be compounded by the authorized officer to make a complaint to the court with respect to that offence, on payment to that officer for credit to the Government, of such sum that officer may specify

Provided also that in case of an offence punishable with fine only, such sum shall not exceed the maximum amount of fine which may be imposed for that offence:

Provided further that where an offence is compounded under these rules, 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.".

" 63 Obligation to supply other information:- The holder of reconnaissance permit, prospecting license or mining lease, or his agent shall furnish such information regarding his reconnaissance or prospecting operations or mine or any matter connected therewith as the Controller General or the authorised officer may require by an order in writing and the information shall be furnished within such time as may be specified in the aforesaid order.".

[F.No.7/3/99-M-VI.]

(S.P. GUPTA)

Joint Secretary to the Government of India

Note:- The principal rules were published in the Official Gazette, vide GSR 1023(E) dated the 24^th October,1988.and subsequently amended vide GSR 227(E) dated the 22^nd April, 1991, GSR 580(E) dated the 4^th August 1995, GSR 55(E) dated the 18^th January 2000 and GSR 744(E) dated the 25^th September, 2000.