West Bengal Minor Minerals Concession Rules , 2016 - PowerPoint Presentation

1. West Bengal Minor Minerals Concession Rules , 2016Notification No. 428 – CI / O / MM / 84 / 11 (Part-II)Dated 29 / 07 / 2016by the C I & E Department, Govt. of West Bengal

2. ExtentExtends to the whole of West Bengal including Gorkha Territorial Administration ( GTA ) areas

3. Rule 2 - DefinitionsMinerals means minor minerals as defined in clause (e) of section 3 of the Act. and includes 31 reclassified minerals declared by the Central Govt. as minor minerals vide notification S.O. 423 ( E ) dated 10 / 02 / 2015

4. District Authority – DM & includes ADM(LA) & DL &LRO“person” shall include any individual , company or any corporation or association or a body of individuals or a department of the State-Government or the "Central Government;Riverbed occurrence means sand ,stone, boulder, pebbles, gravel accumulated in the river bed by natural phenomenonMining Officer means Mining Officer as appointed by the State Govt. for an area & includes Chief Mining Officer

5. Rule 3 - Prohibition of MiningNo person shall undertake mining operation in any area prohibited in public interest by notification by the state GovtNo person shall transport or store any mineral otherwise that & in accordance with the provisions of these rules and the WBM(PoIM,T&S) Rules , 2002No mining of riverbed occurrences within 300 mts, from any bridge , regulator , similar hydraulic structures & from the end point of bank protection work

6. No riverbed mining shall be allowed beneath 3 mts of the riverbed or ground water level, whichever is lessNo riverbed mining shall be done within a distance of 3 kms of a barrage axis or damNo riverbed mining shall be allowed beyond central 1/3 of the riverbed, or keeping a distance of 100 mts from the existing bank line whichever is less.No extraction of minerals other than riverbed occurences shall be allowed within 50 mts from any road / public structures / embankment / railway line / bridge canal / other public works or buildings

7. Other restrictions for mining as per Sustainable Sand Mining Guidelines 2016 of the MoEF &CC

8. Sand /gravel shall not be allowed to be extracted where erosion may occur, such as concave bankDistance of mining area from the bank should be 3 mts or 10 % of the river width whichever is moreDemarcation of mining area with pillers & geo-referencing should be done prior to start of miningManual mining is preferred over mechanised miningNo riverbed mining is allowed during rainy seasonNo stream should be diverted for the purpose of mining

9. No blasting shall be restored to in riverbed miningNo felling of trees near quarry is allowedFor mining lease area within 10 km of National Park / Sanctuary / Eco-Sensitive Zones , recommendation of Standing Committee of National Board of Wild Life (NBWL) have to be obtainedNo stacking of minerals allowed on road side along National Highways

10. Recommendation of Earth Mining by Expert Committee constituted by the MoEF&CC

11. excavation of brick earth shall not involve blastingexcavation activity shall be restricted to a maximum depth of 2 mts below general ground level at the siteexcavation activity shall be restricted to 2 mts above the ground water table at that sitestraight cutting of earth should be avoided; instead cutting should be done with a slope of 1 : 3 minimum distance of 15 mts from any civil structure shall be kept from the periphery of any excavation area

12. Rule 4 - General ConditionsMining Lease (ML) shall be granted to any person who is an Indian NationalML shall be granted if the area applied for has been prospected earlierThere is Mine Plan duly approved by the MO / CMO . For 31 reclassified MM approval of mine plan by IBM.

13. No ML is necessary for any public sector undertaking with a view to ascertaining commercial prospects of winning any MM with prior intimation to the MO /CMO/ EE or RO of I&W depttNo ML is necessary for re-excavation or maintenance of rivers or excavation of foundation of structures within or across river by I&W Deptt or any organisation of the State/Central Govt., if excavated materials are utilised or disposed of within Govt. land , subject to prior intimation to the EE or RO of I&W Deptt

14. Rule 5 – Period of LeaseFor riverbed occurances , morrum and earth , upto 10 yearsFor other minor minerals upto 20 yearsThe date of commencement of lease is the date on which a duly executed lease is registered

15. Rule 6 - Area of mining05 hects for river bed occurrences01 hect for other mineralsAs per Appendix – XI of the S.O. 141 (E) dated 15 / 01 / 2016 of the MoEF&CC

16. Rule 11 – 17 : Mine Plan

17. Mining Plan should be prepared by RQP recognised by the IBMSuccessful bidder shall submit approved mining plan within 3 months of acceptance of his bid along with Rs. 1000/- non-refundable feeMining Plan to be approved by the MO / CMO

18. Mine Closure PlanProgressive Mine Closure PlanFinal Mine Closure Planexisting lessee to submit within 1 year form the date of commencement of this ruleexisting lessee to submit 1 year prior to the date of proposed closure of mine

19. Rule 19 Validity of Mining PlanEvery duly approved Mining Plan shall be valid for the entire duration of the lease

20. Rule 18 Financial Assurance

21. For mining operation every lease holder shall furnish Financial Assurance (FA) @ of Rs. 15,000/- per hect or Rs. 50,000/- whichever is higher for lease area put to use for mining & allied activitiesLessee shall submit FA before execution of lease / existing lessee along with Progressive MCP

22. Rule 21 Lapsing of Lease

23. where mining operation has not commenced within a period of 1 year from the date of execution of leasediscontinued for a continuous period of 1 year after commencement of mining operationthe lease can be declared lapsed by an order made by the lease granting authority, after serving notice to the lessee

24. If the non commencement or discontinuance of mining operation is/are because of…….

25. The lease granting authority may revive the lease or declare that the lease shall not lapse on application made by the lesseeSuch revival or non lapsing of lease to be made as per provisions of the 1st, 2nd , 3rd & 4th proviso of section 4A of the MM(D & R) Act

26. Rule 22 - Transfer of LeaseThe lessee shall not , without the previous consent in writing from the Lease granting Authority assign , mortgage , transfer mining lease or right, title, interest thereinThe State Govt. shall levy a transfer fee @ 10% of the deposited royalty for the last 3 yrs

27. Rule 23 - Amalgamation of LeaseThe State Govt. permit amalgamation of two or more leases held by the lesseeProvided that the period of amalgamated leases shall be co-terminus with the lease whose period will expire first

28. Rule 24 to 34 Environmental Aspects of Mining

29. Every successful bidder / holder of mining lease shall submit Environmental Clearance (EC) form the MoEF&CC / SEIAA / DEIAA as the case may be within 6 mths from the date of issuance of LoI

30. Rule 35 Payment of Royalty etc

31. The lessee shall pay royalty for mineral extracted or removed @ notified by the C&I DepartmentThe lessee shall pay for every year a yearly dead rentlessee shall be liable to pay either dead rent or royalty whichever is higherthe C&I Deptt. shall not enhance the rate of royalty or dead rent during any period of 3 yrs

32. Notification No. 678-CI/O/MIN/GEN-RLT/02/2015 dated 27 / 10 / 2016 of the C&I deptt

33. Rates of Royalty Ordinary sand ------------------ 151 /-Boulder/gravel etc------------- 151 /-Kankar/Morrum--------------- 102 /-Ordinary clay/Brick Earth----- 82 /-

34. Rates of Dead Rent ( per acre / per annum )First year -------------------- 2000.00/-Second year ---------------- 3000.00/-Third year & onwards --- 5000.00/-

35. Cess

36. ItemVolume (cft)Tonnage (MT)PWRoadPERETotalSand(dry)10052.502.505.002.5012.50Sand(wet)1005.52.752.755.502.7513.75Morrum1005.52.752.755.502.7513.75Brick earth10063.003.006.003.0015.00

37. Rule 37- Right to Determine LeaseThe lease holder giving 6 mths prior notice to the State Govt. & a fee of Rs. 5,000/- , may determine or surrender a part or whole of the leaseThe State Govt. may make premature termination of lease , if in its opinion it is necessary to do so in the interest of mines & minerals development

38. Rule 38 Grant of Mining Lease

39. Grant of Mining Lease for exploitation of minor minerals shall be made through competitive biddingThe District Committee for Competitive Bidding shall determine the Reserve Price of mineral blockThe District Committee for Competitive Bidding shall select the successful bidder

40. Rule 41 Grant of Mining Lease for Riverbed Occurrences

41. Through competitive bidding upon having wide circulation through notificationAreas identified shall be widely notified by publication in newspapers / state website / notices displayed in prominent offices of State or district

42. Rule 42 Grant of Mining Lease for Morrum/brick earth /ordinary clay

43. Through competitive bidding by the DM Areas identified shall be widely notified by publication in newspapers / state website / notices displayed in prominent offices of State or districtDetermination of Reserve Price & selection of successful bidder to be made by the District Committee for Competitive Bidding

44. Rule 43 & 44 Grant of STML for Riverbed Occurrences

45. The District Authority may grant STML under exceptional circumstances arising due toJudicial interventionNon availability of continuous stretch of minimum landunsuitability of plot to sustain the lease periodTo the successful bidder in the intervening period between LoI & execution of lease

46. Rule 45 & 46 Grant of STML for other Minor Minerals

47. The District Authority may grant STML under exceptional circumstances arising due toJudicial interventionFor any other reasonsTo the successful bidder in the intervening period between LoI & execution of lease

48. Rule 48 & 49 Area & Period of STML

49. STML may be granted for an area not above 3 hectaresfor a period not exceeding 90 daysSTML cannot be renewedprovisions of Chapter III & Chapter-V shall not apply to STML

50. Hon’ble National Green Tribunal in its order dated 09/08/16 in R.A. 109/2016/EZ arising out of O.A. 59/2015/EZ has made EC mandatory for any type of mining

51. Rule 50 Penalty

52. Any unauthorised mining or transportation of minor minerals is punishable with imprisonment which may extend to 2yrs or with a fine of Rs.1,00,000/- or bothTrespassers to be evictedSeizure of tools, vehicles , equipments , minerals, etc

53. Meterials seized shall be liable to be confiscated by an order of the competent Court1 year imprisonment or fine of Rs.20,000/- or both for transfer of right / title/ interest without permissionpenalty of Rs. 20,000/- in addition to the accrued mining dues for breach of rule 42

54. EvictionDLLRO / SDL&LRO / BL & LRO / Dir. & IO Of M&M (WB) /CMO / Dy.CMO /MO /No. 87-CI/Gr-D/4M-30/88 dated 24 /01 /91 of the C I & E DepttSection 21 (3) of the M M (D & R) Act

55. SeizeDM / ADM / DLLRO / SDO / SDL&LRO / BL & LRO / Exe.Magist / Dir. & IO Of M&M (WB) /CMO / Dy.CMO /MO / OC & SI of policeNo. 88-CI/Gr-D/4M-30/88 dated 24 /01 /91 of the C I & E DepttSection 21 (4) of the M M (D & R) Act

56. Compounding of OffenceADM / DLLRO / SDO / SDL&LRO / BL & LRO / Exe.Magist / Dir. of M&M (WB) /CMO / Dy.CMO /MO No. 89-CI/Gr-D/4M-30/88 dated 24 /01 /91 of the C I & E DepttSection 22 & 23A of the M M (D & R) Act

57. Recovery of ArrearDLLRO / SDO / SDL&LRO / BL & LRO /No. 90-CI/Gr-D/4M-30/88 dated 24 /01 /91 of the C I & E DepttSection 25 of the M M (D & R) Act

58. Recovery of Mineral / PriceDM / ADM / DLLRO / SDO / SDL&LRO / BL & LRO / Dir. of M&M (WB) /CMO / /MONo. 695-CI/4M-30/88 dated 10 / 08 / 92 of the C I & E DepttSection 21(5) of the M M (D & R) Act

59. Rule 51 Appeal

60. Person aggrieved by the order of the District authority , may within 30 days from the communication of the order prefer a appealAppeal shall be made to the concerned Divisional CommissionerOrder passed on an appeal shall be final & there shall be no second appeal

61. Rule 55 Rectify Mistakes

62. State Govt. to rectify any clerical, arithmetical, accidental errors in any order passed by it or direct any rectification in any instrument to which the State is a partyLessee shall execute the deed/instrument of rectification within 6 months from the date of order of rectification

63. Rule 57 Extraction of Ordinary Clay from Own Land

64. No lease will be required to extract clay from own land either for use in cottage industry owned by him or for personal use or any other industries notified by the State Govt

65. mineral so extracted shall not be disposed of by sale without prior permission of the DL&LRO / SDL&LRO & on payment of fees @ Rs.50/- per cubic.mtmineral shall not be converted into bricks or tiles (except for personal use)

66. Rule 60A Inclusion of GTA

67. Mining leases to be issued by the District Magistrates of Darjeeling & Kalimpong in consultation with the Ghorkha Territorial Administration (GTA)Identification of mineral blocks with prior consultation with GTANo. 440 – CI / O /MIN / GEN-MIS / 27/2012 dated 28 / 06 / 2018 of C I & E Deptt

68. Rule 61 Declaration of Ineligibility

69. All applications for mining lease for MM including reclassified MM received prior to the giving effect to this rule irrespective of its duration of pendency shall become ineligibleProvided if the applicant has been issued GO/LoI requiring the alteration of the applicants position then his mining lease application may be considered after due compliance of the necessary conditions under the WBMMC Rules, 2016

70. Rule 62 Repeal

71. The West Bengal Minor Mineral Rules , 2002 is hereby repealedNotwithstanding 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 under the corresponding provisions of these rules

72. THANK YOU