Course Content

1. Metalliferous Mines Regulations 1961

Discuss various provisions of Metalliferous Mines Regulations 1961.
2. Mines V.T. Rules 1966
Discuss various provisions of Mines V.T. Rules 1966.
3. Mines Creche Rules 1966
Discuss various provisions of Mines Creche Rules 1966.
4. Maternity Benefit Act
Discuss various provisions of Maternity Benefit Act.
5. Mines Accident & Safety
i. Discuss their classification, causes & prevention.
ii. Develop concept about accident cost, accident report, procedure for conducting an enquiry to
ascertain the causes of accidents.
iii. Discuss procedure for investigation & reporting Mine accident, accident proneness, fatality
rate, frequency rate & severity rate.
iv. Explain role of supervision in accident prevention, accident due to opencast workings,
statistical analysis of accidents, accident statistics, its head & method of data processing.
v. Develop basis concepts of safety, safety & productivity, safety consciousness & safety
campaign, safety organization, safety audit.
vi. Describe rules of safety committee.
vii. Explain the role of workmen inspectors.
viii. Discuss terms like industrial fatigue, preventive maintenance, productive equipments &
duties of Safety Officer.
6. Forest Conservation Act (FCA) 1980.
Diiscuss various provisions of Forest Conservation Act (FCA) 1980.
7. Environmental Protection Act 1986
Discuss various provisions of Environmental Protection Act 1986.
8. MMRD Act & MCR Rules
Various provisions of Mineral conservation & exploitation.
o National Mineral policy.
9. Classified Circulars (DGMS)
As amended up-to-date.
 THE METALLIFEROUS MINES REGULATIONS, 1961

G.S.R. 337, dated the 18 th October, 1960 – In exercise of the powers conferred by section
57 of the Mines, Act, 1952 (35 of 1952), the Central Government hereby makes the
following Regulations, the same having be en previously published as required by sub -
section (1) of section 59 of the said Act.

Chapter I. – Preliminary

1. Short title, extend and applications (1) These regulations may be called the
Metalliferous Mines Regulations, 1961.

(2) They extend to the who le of India 2[***]

(3) They shall apply to every mine of whatever description other than a coal or an
oil mine.

2. Definitions. – In these regulations, unless there is anything [repugnant in the subject

or contest –

(1) “Act” means the Mines Act, 1952;

(2) “approva l safety lamp” and “approved electric torch” mean, respectively, safety
lamp and an electric torch manufactured by such firm and of such type as the
Chief Inspector may from time to time specify by notification in the Official
Gazette;
(3) “Assistant Manager” means a person possessing a Manager’s Certificate
appointed in writing by the owner, agent or manager to assist the manager in the
control, management and direction of the mine or part thereof, and who takes rank
immediately below the manager;
(4) “auxiliary fan” means a forcing fan or an exhausting fan, used belowground
wholly or mainly for ventilating a face or faces or blind ends;
(5) “bankman” means a person appointed to superintend the lowering and raising of
persons, tools and materials and the transmission of signals at the top of a shaft or
winze;
(6) “blaster” means a person possessing a Manager’s, Foreman’s, Mate’s or Blaster’s
Certificate and appointed by the manager in writing to perform the duties of a
blaster under these regulations, and includes a shotfirer;
(7) “belman” means a person appointed to superintend the raising and lowering of
persons, tools, materials and the transmission of signals at any landing;
(8) “Committee” means a committee appointed under section 13 of the Act;
(9) “competent person” in relation to any work or any machinery, jplant or equipment
means a person who has attained the 3[age of 20 years] and who has been duly
appointed in writing by the manager as a person competent to supervise or
perform that work or to supervise the operation of that machinery, plant or
equipment, and who is responsible for the duties assigned to him, and includes a
blaster;
 (10) “District Magistrate” in relation to any mine, means the District
Magistrate or the Deputy Commissioner, as the case may be, who is vested with
the executive powers of maintaining law and order in the revenue district in which
the mine is situated;
Provided that in the case of a mine which is situated partly in one district and
partly in another, the District Magistrate for the purposes of these regulations shall be the
District Magistrate authorised in this behalf by the Central Government;

(11) “explosive” shall have the same meaning as is assigned to that term in the
Indian Explosive;
(12) “face” means the moving front of any working place or the inbye end of
any drive, level, crosscut, raise or winz;
(13) “gas” includes fume or vapour;
(14) “landing” means any floor or platform in a winze, which is an authorised
stopping place of the cage or other means of conveyance, and includes a ‘plate’;
(15) “machinery” means –
(i) any locomotive or any stationary or portable engine, air
compressor, boiler or steam apparatus which is, or
(ii) any such apparatus, appliance or combination of appliances
intended for developing, storing transmitting, converting or
utilising energy, which is, or
(iii) any such apparatus, appliance or combination of appliances if any
power developed, stored transmitted, converted or utilised threby
is,
used or intended for use in connection with mining operations;

(16) “Manager” means a person possessing the prescribed qualifications and

appointed in writing by the owner or agent to be in charge of a mine under the
Act, and includes Mine Superintendent if appointed under section 17 of the Act;
(17) “material”. Includes rock, debris, stone, mineral, ore or any other material;
(18) “Metalliferous mine” includes every mine other than a coal or an oil mine;
(19) “mine foreman” means a person possessing a Manager’s or Foreman’s
Certificate and and appointed by the manager in writing, under the designation
whatsoever, to perform the duties of supervision or control in a mine or part
thereof and includes a Shift Boss;
(20) “mining mate” means a person possessing a Manager’s, Foreman’s or
Mate’s Certificate and appointed by the Manager in writing, under any
designation whatsoever, to perform the duties of a mining mate under these
regulations, and includes an Overseer or Head Mestri;
(21) “misfire” means the failure to explode of an entire charge of explosives in
a shot-hole;
(22) “month” means a calendar month;
(23) “Official” means a person appointed in writing by the owner, agent or
manager to perform duties of supervision in a mine or part thereof and includes an
assistant manager, an underground manager, a mine foreman, a mining mate, an
engineer and a surveyor;
 (24) “permitted explosive” means an explosive manufactured by such firm and
of such type as the Chief Inspector may from time to time specify by notification
in the Official Gazette;
(25) “public road” means a road maintained for pblic use an under the
jurisdiction of any Government or local authority;
(26) “quarter”means a period of three months ending on the 31st March, 30th
June, 30th September or 31 st December;
(27) “railway” means a railway as defined in the Indian Railways Act, 1890;
(28) “Regional Inspector” means the Inspector of Mines in charge of the region
or local area or areas in which the mine is situated or the group or class of mines
to which the mine belongs, over which he exercises his powers under the Act;
(29) “river” means any stream or current of water, whether seasonal or
perennial, and includes its banks extending up to the highest known flood level;
(30) “roadway” means any part of a passage or gallery belowground which is
maintained in connection with the working of a mine;
(31) “Schedule” means a schedule appended to these regulations;
(32) “shaft” means a vertical or inclined way or opening leading from the
surface to workings belowground or from one part of the workings belowground
to another, and includes an incline;
(33) “signalman” means a person appointed to transmit signals;
(34) “socket” means a shot- hole or part of a shot-hole remaining after being
charged with explosive and blasted, and which is not known to be a misfired shot-
hole;
(35) “Support” includes timber-work, masonry, packwalls, sandpacks, iron-
work, or any other form of support;
(36) “tub” includes a wagon, car, truck, hutch, bandy, bucket or any other
vehicle for conveying material, but does not include a railway wagon;
(37) “underground Manager” means a person possessing a Manager’s
Certificate appointed in writing by the owner, agent or manager to be in charge of
the whole of the underground workings or a specified portion thereof, under the
direction of the manager, and is thus superior to a mine foreman and a mining
mate, and includes an Underground Agent;
(38) “ventilating district” means such part of a mine belowground as has an
independent intake airway commencing from a main intake airway and
independent return airway terminating at a main return airway and, in the case of
mine or part thereof which is ventilated by natural means, the whole mine or part;
(39) “Winze” or “Raise” means a small shaft, either vertical or inclined, in the
workings belowground;
(40) “working place” means any place in a mine to which any person has
lawful access.

Chapter II – Returns, Notices and Records

3. Notice of opening – (1) The notice required by section 16 of the Act shall be
submitted in Form I or First Schedule 1[and a copy thereof shall be submitted to the
 Reional Inspector. The form shall be accompanied by a plan showing the boundaries
of the mine and the shafts or opening of the mine, trijunction or revenue pillars and
other prominent and permanent surface features :

Provided that, in respect of amine which has already been opened such a plan
shall be submitted within sixty days of coming into force of the Metalliferous
Mines (Amendme nt) Regulations, 1985:

Provided further that if the boundary of amine is changed as per sub-regulation(1)

of regulation 111 a plan showing the boundary shall be submitted within seven
days of the said change]

(2) When a mine has been opened, the owner, agent or manager shall forthwith
communicate the actual date of opening to the Chief Inspector and to the
Regional Inspector.
4. Quarterly Returns – On or before the 20 th day of January, April, July, and October in
every year, the owner, agent or manager shall sub mit to the Chief Inspector and the
Regional Inspector correct returns in respect of the preceding quarter in Form II of
First Schedule.
5. Annual Returns – (1) On or before the 20th day of February in every year, the owner,
agent or manager shall submit to the District Magistrate and to the Chief Inspector
annual returns in respect of the preceding year in Form III of First Schedule.

(2) If a mine is abandoned or working thereof is discontinued for a period exceeding

60 days, or if a change occurs in th ownership of a mine, the returns required under
sub-regulation(1) shall be submitted within 30 days of abandonment or change of
ownership or within 90 days of discontinuance, as the case may be:
Provided that the Chief Inspector may, by an order in writing and subject
to such conditions as he may specify therein, allow such returns to be submitted up to
any date not later than the 20 th day of February in the year following that to which
they relate :
Provided further that nothing in this sub-regulation shall be deemed to
authorise the submission of any return later than the 20the day of February in the year
following that to which it relates.

6. Notice of abandoned or discontinuance – (1) (a) When it is [intended to abandon a

mine or to discontinue working thereof for a period exceeding four months, the
owner, agent or manager shall, not less than 30 days before such abandonment or
discontinuance, give to the Chief Inspector and the Regional Inspector a notice stating
the reasons for the reasons for the proposed abandonment or discontinuance and the
number of persons likely to be affected thereby :

Provided that in the case of a mine or part thereof to which Regulation 142 applies,
notice as aforesaid shall also be given whenever it s intended to abandon a district or
part of the mine, or to discontinue working thereof for a period exceeding four
months :
 Provided further that when, on account of unforeseen circumstances, a mine or
part as aforesaid is abandoned or discontinued before the notice has been given or
when without previous intention the discontinuance extends beyond a period of four
months, the notice shall be given forthwith.

(b) Notwithstanding anything contained in clause (a), when it is intended to

abandon, or discontinue for more than four months, any workings belowground over
which is situated any property vested in the Government or any local authority or any
railway or any building or permanent structure not belonging to the owner, the owner,
agent or manager shall not less than 30 days before the date of such abandonment or
discontinuance, give notice of his intention to the Chief Inspector and the Regional.

(2) When a mine or part aforesaid has been abandoned, or working thereof has
been discontinued over a period exceeding four months, the owner, agent or manager
shall, within seven days of the abandonment or of the expiry of the said period, give
to the Chief Inspector, the Regional Inspector and the District Magistrate notice in
Form I of First Schedule.

7. Notice of reopening – (1) When it is intended to reopen a mine after abandonment, or

after discontinuance for a period exceeding four months, the owner, agent or manager
shall, not less than 30 days before resumption of mining operations, give to the Chief
Inspector, the Regional Inspector and the District Magistrate notice in Form I of First
Schedule :

Providing that in the case of amine or part thereof to which Regulation 142 applies,
notice as aforesaid shall also be given whenever it is intended to reopen a district or
part of the mine after abandonment or after discontinuance for a period exceeding
four months.

(2) When a mine or part as aforesaid has been reopened, the owner, agent or manager
shall forthwith communicate the actual date of reopening to the Chief Inspector and
the Regional Inspector.

8. Change of ownership and address etc. – (1) (a) When a change occurs in the name or
ownership of a mine or in the address of the owner, the owner, agent or manager
shall, within seven days from the date of the change, give to the chief Inspector and
the Regional Inspector a notice in Form I of First Schedule :

Provided that where the owner of a mine is a firm or other association of individuals,
a change –
(i) of any partner in the case of a firm;
(ii) of any member in the case of an association
(iii) of any director in the case of a public company; or
(iv) of any shareholder in the case of a private company
shall also be intimated to the Chief Inspector and the Regional Inspector, lwithin seven
days from the ate of the change.
 (b) When the ownership of a mine is transferred, the previous owner or his agent
shall make over to the new owner or his agent, within a period of seven days of the
transfer of ownership, all plans, sections, reports, registers and other records mainiained I
pursuance of the Act and of the regulations, a orders made thereunder and all
correspondence relating to the working of the mine relevant thereto; and when the
requirements of this clause have been duly complied with, both previous and the new
owners or their respective agents shall forthwith send the Chief Inspector and the
Regional Inspector a detailed list of the plans, sections, repsorts, registers and other
records that have been transferred.

(2) When any new appointment is made of an agent, manager, assistant manager,
underground manager, surveyor or an engineer, if any, or when the employment to
any such person is terminated or any such person leaves the said employment, or
when any change occurs in the address of any agent or manager, the owner, agent or
manager shall, within seven days from the date of such appointment, termination,
leaving or change, give to the Chief Inspector and the Regional Inspector a notice in
Form I of First Schedule.

1[“8A. Appointment of agent. – (1) The owner of a mine shall submit in writing to
the Chief Inspector and the Regional Inspector, a statement showing name and
designation of every person authorised to act an agent on behalf of the owner of a
mine in respect of management, control, supervision or direction of the mine.

(2) The statement shall also show the responsibilities of every such person and the
matters in respect of which he is authorised to act on behalf of the owner of a
mine.

(3) The statement aforesaid shall be submitted within one month from the date of
coming into force of the Metalliferous Mines (Amendment) Regulations,
1985, in the case of mines already opened for reopened as the case may be,
and in other cases within one month from the ate of opening or reopening of
the mine.

(4) Any change, addition or alteration in the names or other particulars of the
aforesaid statement shall be reported in writing to the Chief Inspector and the
Regional Inspector within seven days from the date of such change, addition
or alteration]

9. Notice of Accident – (1) (a) When there occurs in or about a mine –

(i) an accident causing loss of life or serious bodily injury in connection with
mining operations;
(ii) an explosion or ignition;
(iii) a spontaneous heating or outbreak of fire, or appearance of smoke or other
indication of heating or outbreak of fire;
(iv) an influx of noxious gases;
 (v) an occurrence of inflammable gas in a mine to which Regulation 142 does not
apply;
(vi) an irruption or water;
(vii) a rock-brust in workings belowground;
(viii) a premature collapse of any part of the workings;
(ix) any accident due to explosives;
(x) a breakage or fracture of a rope, chain, headgear pulley or axle or bearing
thereof, or other gear y which persons are lowered or raised;
(xi) an overwinding of cases or other means of conveyance while men are being
lowered or raised;
(xii) a breakage or fracture of any essential part of winding engine, crank-shaft,
coupling, bearing, gearing, clutch, drum or drumshaft; or failure of emergency
brake;
(xiii) a bursting of any equipment containing steam, compressed air or other
substance at high pressure; or
(xiv) a breakage, fracture of failure of any essential part of any machine or appratus
whereby the safety of persons may be endangered;

the owner, agent or manager shall forthwith inform the Regional Inspector about the
occurrence by telephone or express telegram or by special messenger; and shall also,
within 24 hours of every such occurrence, give notice thereof in Form IV-A of First
Schedule to the District Magistrate, the Chief Inspector and the Regional Inspector and
shall simultaneously exhibit a copy of the notice on a special notice board outside the
office of mine and shall ensure that the notice is kept on the board in a legible condition
for not less than 14 days from the ate of such exhibition.
(b) When a n accident causing loss of life or serious bodily injury occurs in or about a
mine in connection with the generation, storage, transformation, transmission,
supply or use of electrical energy, the owner, agent or manager shall also
forthwith inform the Electrical Inspector o Mines by telephone, express telegram
or special messenger;

(2) If death results from any injury already reported as serious 1[under sub -
regulation (1) or if an injury other than the serious injury becomes serious, the owner,
agent or manager shall, within 24 hours of his being informed of the same], give notice
thereof to the District Magistrate, the Chief Inspector and the Regional Inspector.

(3) In respect of every person killed or injured as above, the owner, agent or
manager shall send to the Chief Inspector particulars in Form IV-B and IV-C of First
Schedule, within seven days of the occurrence or 15 days of the injured person returning
to duty, as the case may be.

10. Notice of disease – Where any person employed in a mine contracts any disease
notified by the Central Government in the Official Gazette, the owner, agent or
manager shall, within three days of his being informed of the disease, send notice
thereof in Form V of First Schedule to the District Magistrate, the Chief Inspector, the
Regional Inspector and the Inspector of Mines (Medial).
CHAPTER III – Examinations and Certificates of competency and of Fitness

2[11. Board of Mining Examinations – (1) For the purposes of these regulations,
there shall be constituted a Board of Mining Examinations (hereinafter referred to as the
“Board).
(2) The Board shall consist of the Chief Inspector who shall be its Chairman Ex-
officio and five members possessing technical qualification in mining, and
(a) having practical experience in metalliferous mines, or
(b) serving in an institution imparting education in mining engineering at
the degree or equivalent level, or
(c) engaged in mining research,

to be appointed by the Central Government:

Provided that the Board shall be so constituted that it shall include at least three
members possessing qualifications laid down in clause (a) and at least one member
possessing qualifications laid down either in clause (b) or in clause (c).

(3) Every member (other than the Chairman) of the Board shall hold office for a
period of three years from the date of the notification appointing him as a member of the
Board or until his successor is appointed and takes charge whichever is later :

Provided that –
(i) a member may at any time resign his office;
(ii) a member appointed under clause (b) or sub-regulation(2) shall
cease to hold office upon his ceasing to serve in any such
institution, as is referred to in that clause;
(iii) a person appointed to fill a vacancy caused by reason of the death,
resignation, or by reason of cesser of office under sub-clause (ii),
of a member, shall hold office for the remaining period for which
such member would have, but for such reason, continued as
member.
(4) A person who holds, or who has held office as member of the Board shall,
subject to the other provision of this regulation, be eligible for re-appointment to that
office.
(5) A member of the Board (other than the Chairman) shall receive such
remuneration as the Central Government may fix.
(6) An Inspector nominated in this behalf by the Chief Inspector shall act as the
1[Secretary to the Board hereinafter referred to in this regulation as the
Secretary]

2* * *

(8)Notwithstanding anything contained in this regulation, the Central

Government, may, if satisfied that it is necessary so to do in the public interest, re-
constitute to Board even though the term of office of all or any of the members
thereof has not come to an end.

1[(9) Meetings of the Board shall be held as and when the Chairman considers
them necessary, and unless otherwise decided by the Chairman, all meetings of
the Board shall be held at Dhanbad
(10) (a) For every meeting of the Boad, not less than ten clear days’ prior
notice intimating the time and place of the proposed meeting and signed
by the Chairman or the Secretary shall be given to each members who is
not absent from India.

(b) Such notice shall be delivered at, or posted to, the usual place of
residence of the member, and each such notice shall be accompanied by a list of
items of business to be disposed of at that meeting.

(c) Notwithstanding what is contained in clauses (a) and (b), in cases of

urgency, an emergent meeting may be called for by the Chairman at any time, by
intimating the members, only two days in advance, of the time and date of such
meeting and the subject matter for discussion at such meeting.

(11) (a) The Chairman shall preside at every meeting of the Board.

(b) If the Chairman is absent for any reason, the members present shall elect one
from among themselves to preside over the meeting; and the member so
elected shall, for the purposes of that meeting; have all powers of the
Chairman.

(12) No business shall be transacted at a meeting of the Board unless at leat three
members, including the Chairman, are present.

(13) (a) All matters which the Board is required to consider shall be conidered at
its meeting, or, if the Chairman so decides, by circulation of the papers, to every
member who is not absent from India.

(b) When any matter is referred to by circulation as aforesaid, any member can
request that it should be considered at a meeting of the Board and the Chairman
may direct that it shall be so considered but when two or more members so
request, the Chairman shall direct that it shall be so considered at a meeting to be
held.

(14) (a) The Secretary shall place, before the Board, a list of business to be
transacted at the meeting.

(b) No business which is not included in such list shall be considered unless the
Chairman permits.
 (15) (a) Every matter at a meeting, shall be decided by the majority of votes of the
members present at such meeting.

(b) Every matter referred to the members by circulation under sub -regulation(13)
shall be decided by the majority opinion of the members to whom the papers were
circulated, unless the Chairman reserves it for consideration at a regular meeting
to be held later.

(c) In case of equal division of votes or opinions of the members the Chairman
shall have a casting vote or opinion.

(16) (a) The Secretary shall record the minutes of each meeting in a bound -page
book kept for the purpose and copies of such minutes of the meeting shall be
circulated to all members present in India.

(b) The minutes so recorded shall be confirmed at the next meeting of the Board
and singed by the Chairman in token thereof.

(17) (a) The Chairman, in addition to any other powers and duties conferred upon
him under these regulations, shall, -
(i) present all important papers and matters to the Board as early as
possible;
(ii) issue orders for carrying out the decisions of the Board;
(iii) have power to refer, in his discretion, any matter tot he Central
Government for their orders; and
(iv) have powers generally to take such action or pass such ordrs
necessary to implement the decisions of the Board.

(b) The Chairman may, during his temporary absence by reason of leave or
otherwise, authorise any member o the Board to perform all or any of the duties of the
Chairman during such absence.

(c) Unless the Chairman otherwise directs all proceedings of the Board shall be
conducted in camera ad be regarded as confidential].

12.Certificate granted by the Board –(1) Certificates under these regulations shall be
granted by the Board.

(2) Certificates granted by the Board shall be valid throughout the territories to
which these regulations extend, and shall be of the following kinds –

(a) Manager’s first class certificate of competency to manager a

metalliferous mine (in these regulations referred to as a First Class
Manager’s Certificate);
 (b) Manager’s second class certificate of competency to manage a
metalliferous mine (in these regulations referred to as a Second Class
Manager’s Certificate);

(c) Surveyor’s certificate of competency to survey the workings of a

mine (in these regulations referred to as a Surveyor’s Certificate);

(d) Mine Foreman’s certificate of competency to carry out inspections

and duties as required under these regulations (in these regulations
referred to as a Forman’s Certificate);

(e) Mining Mate’s certificate of competency to carry out inspections and

duties as required under these regulations (in these regulations
referred to as a Mate’s Certificate);

1[(f) winding engineman’s I Class certificate (in these regulations referred

to as a First Class enginedriver’s Certificate) to drive a winding engine of
any type or class or of such type or class or of such type or class or types
or classes as may be specified in the certificate;

(g) winding engineman’s II class certificate (in these regulations referred

to as a Second Class enginedriver’s Certificate) to drive a winding engine
of any type or class or of such type or class or of such type or class or
types or classes as may be specified in the certificate;

(h) Blaster’s certificate of competency to fire shots in a metalliferous mine

(in these regulations referred to as a Blaster’s Certificate); and

(i) Certificate of competency to test for the presence of inflammable gas

(in these regulations referred to as a Gas-testing Certificate) : Provided
that 2[any of the certificates aforesaid, other than an Engine Driver’s
Certificate and a Gas-testing Certificate] may be restricted to mines having
open-cast workings only and this fact shall be endorsed on the certificate.

13. Examinations and Examiners. – (1) Certificates of competency shall be granted to

successful candidates after such examination and in such form as the Board may
prescribe :

3[Provided that the Board may, subject to the conditions to b specified in the bye -
laws framed for the purpose, exempt any person 4****** from appearing at the
examination or part thereof for the grant of a certificate referred to in regulation 12]

1[Provided further that the Board may, for a period of five years from the date of
coming into force of the Metalliferous Mines (Amendment) Regulations, 1977 and
subject to such conditions as may be prescribed in the bye-law made by the Board for the
purpose, exempt any person, possessing such experience or such qualifications or both in
mining as may be approved by the Board in this behalf, from appearing at the
examination or part thereof for the grant of a certificate referred to in regulation 12.]

(2) The examinations shall be held at such times and at such centres as may e
fixed by the Board, and shall be conducted by examiners appointed by the Board.

(3) The examiners so appointed shall be subject to the orders of the Board in
respect of all matters relating to the conduct of the examinations, and shall receive such
remuneration as the Board, with the sanction of the Central Government, may fix.

(4) The Board may make 2bye- laws as to the conduct of the examinations and as
to the granting o certificates of competency and of fitness as required under these
regulations, and shall, so far as may e practicable; provide that the standard of knowledge
required for the grant of certificates of any particular class and the standard of medical
fitness shall be uniform throughout the territories to which these regulations extend.
Every bye- law made by the Board under this regulation shall be published in the Official
Gazette; and no such bye- law shall have effect until three months after the date on which
it was so published.

14. Submission of applications – (1) Applications for an examination conducted by the

Board shall made on a form supplied for the purpose.

(2) Notice regarding the date and place of the examinations for the Manager’s and
Surveyor’s certificates shall be published under the order of the Board, in such
periodicals as the Board may direct, not less than 60 days prior to the date fixed by the
Board for receiving applications. The closing date for receipt of applications shall not be
less than 60 days prior to the date fixed for the examination.

15. Age and general qualifications etc. of candidates – (1) (a) No person shall be admitted
as a candidate at any examination held by the Board unless he is 3[20 years of age].

(b) No person shall be admitted as a candidate at any examination for a

Manager’s, Surveyor’s, Foreman’s, Mate’s or Blaster’s Certificate unless he holds a
valid first-aid certificate or the standard of the St. John Ambulance Association (India):

Provided that if any candidate satisfie d the Board that he has not had sufficient
opportunity to obtain such first-aid certificate, the Board may admit him to the
examination on such conditions, if any, as it thinks fit to impose.

(d) Every application for any examination as aforesaid shall be accompanied by :-

(i) A certificate of age granted by a Gazetted Officer or by the head

master of a school or a Higher Secondary or equivalent standard;
 Provided that in the case of a person holding a matriculation or
equivalent certificate, such certificate shall be submitted as
evidence of age;
(ii) a medical certificate obtained not more than two year prior to the
date of this application, from a qualified medical practitioner not
below the rank of a Civil Assistant Surgeon, or from a Certifying
Surgeon certifying the candidate to be free from deafness,
defective vision or any other infirmity, mental or physical, likely to
interfere with the efficiency of his work; and
(iii) a certificate from some person of good repute as to the general
good conduct and sobriety of the candidate.

(2) 1[After the 31 st December, 1961] no person shall be admitted as a candidate at

any examination for a Manager’s or Surveyor’s Certificate unless he has passed
the matriculation examination of a recognised university, or its equivalent, and for
a Foreman’s, Mate’s Engine-driver’s or 2[Blaster’s] Certificate unless he satisfies
the Board that he is literate :

3[Provided that nothing in this sub-regulation shall be deemed to debar a

person, not satisfying the provisions thereof, from being admitted at such an
examination after the said date, if he had been admitted at a similar examination
before that date].

4[(3)(a) No person shall be admitted as a candidate of an examination for

a Manager’s or Foreman’s Certificate, which is not restricted to mines having
opencast working only, unless he has obtained a Mate’s certificate not so
restricted and a Gas-testing Certificate and no person shall be admitted as a
candidate at an examination for Manager’s or foreman’s Certificate restsricted to
miens having opencast workings only, unless he has obtained a Mate’s
Certificate;

Provided that this clause shall not apply –

(i) to a candidate for a Manager’s Certificate, if he already
holds a Foreman’s Certificate granted under regulation 22
or 23; and
(ii) to a candidate for a Manager’s First Class Certificate, if he
already holds a Manager’s Second Class Certificate granted
under regulation 22 or 23.

(b) Notwithstanding anything contained in clause (a), if a candidate satisfied the

Board that he did not have sufficient opportunity to obtain a Mate’s or Gas-testing
Certificate, the Board may admit him to the examination for a Manager’s or
Foreman’s Certificate on such conditions if any, as it may think fit to impose].

16. Practical experience of candidates for Manager’s Examinations – (1) No person shall
be admitted as a candidate at any examination for a First or Second Class Manager’s
Certificate (other than an Exchange or Service Certificate to which the provisions of
Regulations 22 and 23 respectively apply), unless he has satisfied the Board that he has
had practical experience in a metalliferous mine for a period of not less than five and
three years respectively :

Provided that –

(a) in the case of a candidate who has received 5[a diploma or degree in
mining or mining engineering or other equivalent 6[qualification]
approved in that behalf by the Central Government, such period shall
be reduced to three and two years, respectively; and
(b) in the case of a candidate who has received 5[a certificate, diploma or
degree in applied geology, civil, mechanical or electrical engineering,
or other equivalent 6[qualification] approved in that behalf by the
Central Government, such period shall be reduced to four and two and
a half years, respectively.

(2) The nature of the practical experience required of a candidate for a Manger’s
Certificate shall be experience approved by the Board and gained in one or other
of the following capacities in a metallifeous mine having an average employment
of not less than 60 in workings belowgroud or not less than 160 in all in the mie
7[or in such other 8(mines) as the Boad may approve in this behalf] –

(a) as a workman, or a mining apprentice having direct practical

experience of getting ore and of store work, timbering and repairing ;
or
(b) as an official in respect of mining operations :

9[Provided that out of the period of experience required under sub -

regulation(1) from candidates for the examination of –

(i) First Class Manager’s Certificate, not restricted to mines

having opencast workings only, a period of not less than
eighteen months should have been spent in the working
below ground of a mine.
(ii) Second Class Manager’s Certificate, not restricted to mines
having opencast workings only, a period of not less than
twelve months should have been spent in the working
below ground of a mine.

10[Provided further that the Board may approve a part of the period of the
experience gained while engaged in inspection, rescue, research, planning
or any other work, connected with mining operation, so however, that, the
aforesaid period shall not, inclusive of the period of experience in coal
mines approved under regulations 19, exceed one year in case of 1[Second
Class] and one and half years in a First Class Manager’s Certificate].
2[17. Practical experience of candidates for Surveyor’s Examination – No person shall be
admitted as a candidate at any examination for a Surveyor’s Certificate unless he has
satisfied the Board that he has had not less than two year’s practical experience of
surveying of a type approved by the Board, In case of candidates for a certificate which is
not restricted to mines having opencast workings, the said experience shall include
practical experience for a period of not less than six months of surveying the workings
belowground of a mine having an average employment of not less than 60 in workings
below ground or such other mines as the Board may approve in this behalf :

Provided that the aforesaid period of two years shall be reduced to six months in
case of candidate who has received a certificate, diploma or degree in mining or mining
engineering, mine surveying, or civil engineering or other equivalent qualification
approved in that behalf by the Central Government, subject, however, to the condition
that in case of a candidate for a certificate which is not restricted to mines having
opencast workings, the said six months experience should have been gained in workings
below ground of a mine as aforsiad.]

3[18. Practical experience of candidates for Mate’s and Blaster’s Examinations. (1) No
person shall be admitted as a candidate at any examination for a Mate’s Certificate unless
the Board is satisfied that he has had practical experience and training in a metalliferous
mine for a period of not less than three year :

Provided that the said period shall be reduced –

(a) to two years in the case of a candidate who has received a diploma or
certificate in mining subjects or other equivalent qualification after a
course of at leas two years’ duration approved in that behalf by the
Central Government 4[or who received has a degree in applied
geology or in civil, mechanical or electrical engineering or other
equivalent qualification approved in that behalf by the Central
Government] ; and
(b) to one year in the case of a candidate who has received a diploma or
degree in mining or mining engineering or other equivalent
qualification approved in that behalf by the Central Government .

(2) No person shall be admitted as a candidate at any examination for a Blaster’s

Certificate unless the Board is satisfied that he has had practical experience and
training in a metalliferous mine for a period of not less than two years, of which
not less than six months shall be experience and training in connection with shot-
firing :

Provided that the said period shall be reduced :

(a) to one year (including not less than four months in shot- firing)
in the case of a candidate who has received a diploma or
certificate in mining subjects or other equivalent qualification
 after a course of at least two years’ duration approved in that
behalf by the Central Government 4[or who has received a
degree in applied geology or in civil, mechanical or electrical
engineering or other equivalent qualification approved in that
behalf by the Central Government] and
(b) to six months (including not less than two months in shot-
firing) in the case of a candidate who has received a diploma or
degree in mining or mining engineering or other equivalent
qualification approved in that behalf by the Central
Government.

(3) The nature of practical experience required of candidates for the aforesaid
examinations shall be experience of such a type as may e approved by the Board.]

19. Approval of experience of candidates for Engine-drive’s Certificates. – In the case of

a candida te part of whose experience has been obtained in a coal mine, the period of
practical experience in a metalliferous mine as prescribed in 6[regulations 16,17 and 18]
may be reduced by the Board to such an extent and subject to such conditons as it may
spec ify.

20. Practical experience of candidates for Engine-driver’s Certificate – No person shall

be admitted as a candidate at any examination for an Engine-driver’s Certificate unless he
has satisfied the Board that he has had practical experience of driving a winding engine
or as an assistant to a qualified winding enginedriver for a period of at least one year :

Provided that no person shall be permitted to appear at any examination for a I

Class Engine Driver’s Certificate unless he holds a II Class Engine Driver’s certificate.

1[21 Examination fees – (1) Fees on the following scale shall be paid in respect of every
application for admission to an examination :-

Rs
(a) in the case of an examination for a First Class Manager’s Certificate 50
(b) in the case of an examination for a IInd Class Manager’s Certificate 30
(c) in the case of an examination for a Surveyor’s Certificate 20
(d) in the case of an examination for a Foreman’s Certificate 20
(e) in the case of an examination for a Mate’s Certificate 10
(f) in the case of an examination for a I Class Engine Driver’s Certificate 20
(g) in the case of an examination for a IInd Class Engine Driver’s Cert. 10
(h) in the case of an examination for a Blaster’s Certificate 6
(i) in the case of an examination for a Gas testing’s Certificate 4

(2) The Chief Inspector may permit the refund of any fee paid under sub-regulation (1)
where the candidate has died before the examination or where the fee has been
erroneously paid.
(3) Except as aforesaid examination fee paid shall not once be refundable.

22. Exchange Certificates – (1) The Board may grant to any person holding a Manger’s
Surveyor’s, Overman’s or Foreman’s, Sirdar’s or Mate’s or Engine-driver’s or shotfirer’s
or Blaster’s Certificate granted under any Act for the regulation of mines for the time
being in force in any other country, a certificate of similar class under these regulations if
he 2[ possesses such practical experience and] passes such examination as the Board may
stipulate :

Provided that a candidate fo the grant of a Manger’s Exchange Certificate shall

also satisfy the Board that he has undergone, for a period of not less than six months, a
course of practical training in India in the manner and in the mines approved by the Chief
Inspector for the purpose. Before the commencement of his practical training in India as
aforesaid, every such candidate shall submit to the Chief Inspector an application in a
form supplied for the purpose.

(2) The Board may grant to any person holding a certificate referred to in sub -
regulation (1) granted under the Coal Mines Regulations made under the Act a similar
certificate under these relations if he 3[possesses such practical experience and] passes
such examination as the Board may stipulate :

4[Provided that the Board may, subject to such conditions as it may specify,
exempt any person from appearing at the examination or part thereof, for the grant of an
Exchange Certificate].

5[(2-A) An Exchange Certificate other than a Winding Engine drive’ or Blaster’s

Certificate granted under sub-regulation (1) or (2) may be restricted to mines having
open-cast working only, and in such a case the certificate shall contain an endorsement to
that effect].

(3) Every application for the grant of an Exchange Certificate under this
regulation shall be accompanied by :

(i) a medical certificate obtained not more than two years prior to the date of
his application, from a qualified medical practitioner not below the rank of
a Civil Assistant Surgeon or from a Certifying Surgeon, certifying the
candidate to be free from deafness, defective vision or any other infirmity,
mental or physical likely to interfere with the efficient discharge of his
duties ; and
(ii) a certificate from some person of good repute as to the general good
conduct and sobriety of the candidate.

(4) Fees on the scale laid down in regulation 21 shall be paid in respect of every
examination under the regulation.
23. Service Certificate – (1) The Board may grant, until such 5date as may be notified by
the Central Government for the purpose in the Official Gazette without written
examination;

(a) a Manager’s Certificate to any person –

1(i) who has attained the age of 35 years and wo satisfied the Board that he
has worked, for a period of not less than eight years in the case of an applicant
for First Class Manger’s Certificate and six years in the case of an applicant
for the Second Class Manager’s as an Assistant Manager, underground
manager, or manager or in any capacity accepted by the Board as equivalent
or superior thereto in the planning, control and direction of mining operations
of metalliferous mines of of a type approved by the Board if he passes a viva
voce examination in such subjects as the Board may specify ; or]

2[(I-A) who has attained the age of thirty years and has received a diploma or
certificate in mining or mining engineering or an Honours or a Master’s
Degree in Geology or other equivalent qualification, approved in the behalf by
the Central Government, if he satisfied the Board that he has had such
practical experience as complies with the provisions of sub-regulation (2) of
regulation 16 for a period of not less than eight years, in the case of a First
Class Manager’s Certificate and six years, in the case of Second Class
Manager’s Certificate and if he passes a viva voce examination in such subject
as the Board may stipulate :

Provided that practical experience for period of not less than three of the
eight years in the case of a First Class Manager’s Certificate and for a period
of not less than two of the six years in the case of Second Class Manager’s
Certificate shall be in the capacity of an assistant manager or under manager
or manager or in a capacity accepted by the Boards are equivalent or superior
thereto in the control and direction of mining operation in mins of a size
approved by the Board];

(iii) who has attained the age of 25 years and has received 3[a diploma,
certificate or degree in mining engineering, applied geology, civil,
mechanical, or electrical engineering or other equivalent qualification]
4approved in this behalf by the Central Government, if he satisfied the
Board that he has had practical experience of the nature approved by the
Board for periods of not less than five years for a First Class Manager’s
Certificate and three years for a Second Class Manager’s Certificate and if
he passes a viva voce examination in such subjects as the Board may
stipulate :

Provided that not less than two years and one year respectively, of
the said practical experience shall have been obtained in
metalliferous mines in India;
 For the purpose aforesaid only such experience shall be
approved, as complies with the provisions of regulation 16(2), or is
experience in the capacity of a manager or in a superior capacity in
the control and direction of mining operations ;

5[(b) a Foreman’s, Mate’s or Blaster’s Certificate to any person –

(i) who has attained the age of 25 years and who satisfies the Board
that he has worked in the capacity of mine foreman, a mining mate
or a blaster, as the case may be, in a metalliferious mine in India
for a period of not less than three years in the case of a certificate
restricted to miens having open-cast workings only and not less
than four years in case of a certificate not so restricted and has
passed such viva voce examination as the Board may stipulate;
(ii) who has attained the age of 23 years and has received a diploma or
certificate in mining or mining engineering or other equivalent
qualification approved under sub-clause (iA) of clause (a) or a
degree in geology from any recognised university, if he satisfied
the Boad that he has had such practical experience for a period of
not less than two years in the case of a certificate restricted to
mines having open-cast workings only and not less than three years
in the case of a certificate not so restricted as has been specified in
sub-regulation(2) of regulation 16 or in the capacity of a manager
or in a capacity accepted by the Board as equivalent or superior
thereto in the planning, control and direction of mining operations
in metalliferous mines of a type approved by the Board and if he
passes such viva voce examination as the Board may stipulate; or

(iii) who has attained the age of 21 years and has received a diploma,
certificate or degree in mining engineering, applied geology, civil,
mechanical or electrical engineering or other equivalent
qualification approved under sub-clause (ii) of clause (a), if he
satisfied the Board that he has had such practical experience for a
period of not less than one year in the case of a certificate
restricted to mines having open-cast workings only and not less
than two years in the case of a certificate not so restricted as has
been specified in sub-regulation (2) of regulation 16 or in the
capacity of a manager or in a capacity accepted by the Board as
equivalent or superior thereto in the planning, control and direction
of mining operation in metalliferous mines of a type approved by
the Board and if he passes such viva voce examination as the
Board may stipulate].
 (2) Any Service Certificate granted under sub -regulation (1) may be restricted to
miens having open-cast workings only; and this fact shall be endorsed on the
Certificate.

(3) Every application for the grant of a Service Certificate under this sub -
regulation shall be accompanied by :

(i) a certificate of age granted by a Gazetted Officer of the Central

Government or by the head- master of a school of a Higher
Secondary or equivalent standard or by a qualified medical
practitioner no below the rank of a Civil Assistant Surgeon ;

Provided that in case of a person holding a matriculation or

equivalent certificate, such certificate shall be submitted as
evidence of age ;

(ii) a medical certificate obtained not more than two years prior to the
date of his application, from a qualified medical practitioner not
below the rank of a Civil Assistant Surgeon or from a Certifying
Surgeon, certifying the candidate to be free from deafness,
defective vision or any other infirmity, mental or physical, likely to
interfere with the efficient discharge of his duties; and
(iii) a certificate from some person of good repute as to the genera l
good conduct and sobriety of the candidate.

(4) Fees on the scale laid down in Regulation 21 shall be paid in respect of every
examination under this regulation.

24. Service Certificate for Surveyors. – (1) The Board may grant, until such date as may
be notified by the Central Government for the purpose in the Official Gazette, a
Surveyor’s (restricted to metalliferous mines) to any person –

(i) 1[who has attained the age of 30 years and who satisfied the Board that he
has worked as surveyors of metalliferous mines in India for a period not
less than six years, and has had practical experience in surveying of the
nature approved by the Board, if he passes such viva voce examination as
the Board may stipulate; or]
(ii) who has attained the age of 25 years and has received 1[certificate,
diploma or degree in mining, mining engineering, mine surveying or civil
engineering or other equivalent 2qualification] approved in this behalf by
the Central Government, if he satisfied the Board that he has had practical
experience in surveying of the nature approved by the Board for a period
of not less than two years (including not less than six months in the
workings belowground of a metalliferous mine in India) and if he passes
such viva voce examination as the Board may stipulate.
 [NOTE- Any service certificate granted under this sub -regulation may be
restricted to mines having opencast workings only, and such restriction shall be
endorsed on the certificate].

(2) Every application for the grant of a Service Certificate under this sub-regulation shall
be accompanied by :

(i) a certificate of age granted by a Gazetted Officer of the Government or by

the head-master of a school of a Higher Secondary or equivalent standard
or by a qualified practitioner not below the rank of a Civil Assistant
Surgeon :

Provided that in case of a person holding a matriculation or

equivalent certificate, such certificate shall be submitted as
evidence of age;

(ii) a medical certificate obtained not more than two years prior to the date of
his application, from a qualified medical practitioner not below the rank of a Civil
Assistant Surgeon or from a Certifying Surgeon, certifying the candidate to be free from
deafness, defective vision or any other infirmity, mental or physical, likely to interfere
with the efficient discharge of his duties; and

(iii) a certificate from some person of good repute as to the general good
conduct and sobriety of the candidate.

(3) Fees on the scale laid down in Regulation 21 shall be paid in respect of every
examination under this regulation.

25. Validity of old Certificates – Any Engine-driver’s or Blaster’s Certificate granted

under the Mysore Gold Mines Regulations, which is valid at the commencement of these
regulations shall be deemed respectively to be the equivalent of an Engine-driver’s or
Blaster’s Certificate granted under these regulations.

26. Duplicate Certificates – If any person proves to the satisfaction of the Board that he
has, without any fault on his part, lost or been deprived of a certificate granted to hi,
under these regulations, the Board may, upon realisation of the following fees and subject
to such terms and conditions as it thinks fit, cause a copy of the certificate to be delivered
to him –

(a) in the case of a Manager’s or Surveyor’s Certificate Rs. 5

(b) in the case of any other certificate Rs. 2

The word “DUPLICATE” shall be stamped across every such copy.

27. Certificates to be delivered to the manager. – When the holder of a Foreman’s,
Mate’s, Engine-driver’s, Blaster’s or Gas-testing certificate is employed in a mine in a
capacity which requires the possession of the said certificate, he shall deliver such
certificate to the manager of the mine in which he is for the time being employed. The
manager shall deliver to him a receipt for the same; and shall retain the certificate in the
office at the mine so long as the holder thereof is so employed, and shall return it to him
on his ceasing to be so employed.

28. Court of Enquiry into fitness of a person to hold a Manager’s or Surveyor’s

Certificate. –(1) If a person who is the holder of a Manager’s or Surveyor’s Certificate,
has been convicted of an offence made punishable under the Act with fine which may
extent to RS. 500 or more or with imprisonment, or if it appears to the Central
Government that he is unfit to continue to hold such a certificate by reason of
incompetence or misconduct in the performance of his duties under the Act of under
these regulations, the Central Government may appoint a Court to hold an inquiry to
determine as to whether or not such person is fit to continue to hold such certificate.

(2) The following provision shall have effect with respect to the constitution and
procedure of the Court holding an enquiry :-

(a) The court shall consist of a person or persons appointed by the Central
Government and may conduct the inquiry either alone or with the
assistance of an assessor or assessors so appointed.
(b) The Central Government may pay to the person or persons constituting
the Court and to any assessor appointed to assist the Court, such
remuneration and allowances as it may fix.
(c) The inquiry shall be public and shall be held at such place as the
Central Government may appoint.
(d) The central Government may appoint any person to undertake the
management of the case.
(e) The Central Government shall, before the beginning of the inquiry,
furnish to the person whose fitness to continue to hold a certificate to
be inquired into, a statement of the case on which the inquiry is
instituted.
(f) The said person may appear at the inquiry either in person or by
counsel, solicitor or agent approved by the Court, and may give
evidence or call such witnesses as he thinks fit.
(g) If a majority of the persons constituting the Court thinks fit, the person
whose conduct is under inquiry may be required to deliver up his
certificate at any time before or during the inquiry; and such person
shall be bound to comply with such requisition, unless he shows to the
satisfaction of theCourt sufficient cause to the contrary.
(h) The Court shall, for the purpose of the inquiry, have all the powers of a
civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the
purpose of enforcing the attendance of witnesses and compelling the
production of registers, plans, sections, reports and other records and
 material objects; and any person required as aforesaid to attend or to
furnish any information shall be deemed to be legally bound to do so
within the meaning of section 176 of the Indian Penal Code, 1860 (45
of 1860).
(i) The Court, for the purpose of the inquiry, may exercise such of the
powers of an Inspector under the Act as it may think necessary or
expedient.
(j) The Court shall, subject to the foregoing, have powers to regulate the
procedure of the inquiry and to adjourn it from time to time.
(k) A person appearing as a witness before the Court may be paid by the
Central Government such expenses as would be allowed to a witness
attending a civil or criminal court.
(l) As the conclusion of the inquiry, the Court shall send to the Central
Government a report containing a full statement of the case together
with its opinion thereon, note of dissent, if any, submitted by the
assessor or assessors and such account of or extracts from, the
evidence as it may think fit; and if it considers that the certificate in
question should be cancelled of suspended, it shall add a
recommendation to the effect. Where the Court consists of more than
one person, knot including the assessors(s), and there is disagreement
between the members of the Court, a dissentient from the opinion of
the majority may forward a separate report to the Central Government
with a statement of his recommendations.

(3) The Central Government may, on the recommendation of the Court, cancel or
suspend a certificate; and if it does so the fact of such cancellation or suspension
shall be notified in the Official Gazette and if the certificate or a duplicate thereof
granted under regulation 26, is produced, be endorsed upon it.

1[29. Suspensionof Certificate of Foreman, Mate, Engine driver, Blaster or Gas testing. –

(1) If the Regional Inspector is of the opinion that the holder of a certificate of
Foreman, Mate, Engine-driver, Blaster or Gas testing is incompetent or is
guilty of negligence or misconduct in the performance of his duties, he may
hold an enquiry to determine whether or not such a person (hereinafter
referred to as the delinquent) is to continue to hold such certificate.
(2) During such enquiry he shall record, -
(a) any evidence that the delinquent may like to give;
(b) the evidence of any witness that the delinquent may like to produce;
(c) the evidence of the Manager of the mine; and
(d) any other evidence that may be considered necessary or relevant by the
Regional Inspector.

Unless the delinquent fails to be present inspite of sufficient notice, the evidence
aforesaid shall be recorded in the presence of the delinquent and he shall be given
 a reasonable opportunity to cross-examine the witnesses (other than those
produced by him.). The Regional Inspector also may cross-examine the
delinquent and the witnesses produced by him.

(3) If as a result of the enquiry the Regional Inspector is of the opinion that the
delinquent is not fit to hold the certificate, he shall, within fifteen days from
the date of the conclusion of his enquiry, submit a report to the Chairman of
the Board together with his findings, notes of evidence recorded during the
enquiry and other relevant records. After considering such report, evidence
and records, the Chairman may without any further reference to the Board
suspend the certificate of the delinquent for a period not exceeding three
months.
(4) Where the Chairman is of the opinion that the suspension of the certificate for
a period exceeding three months or its cancellation is called for, he shall
recommend to the Board accordingly together with the findings of the
Regional Inspector, the notes of evidence and other relevant records. A copy
of such communication addressed to the Board together with the copies of the
notes of evidence and the findings of the Regional Inspector shall also be sent
to the delinquent who may submit his written representation within thirty days
from the date of receipt of such copies.
(5) The Board may, after considering the evidence and other records and the
written representation, if any, submitted by the delinquent, either increase the
period of suspension or cancel the certificate as it deems fit.
(6) Where a certificate is suspended or cancelled under this regulation, the
Chairman of the Board may call for such certificate and make suitable
endorsement threreon.].

30. Validity of Foreman’s, Mate’s, Engine -driver’s, Blaster’s and Gas testing
Certificates, - (1) (a) No Foreman’s , Mate’s, Engine-driver’s, Blaster’s shall remain valid
for a period of more than five years unless the certificate bears an endorsement by the
Regional Inspector to the effect that the holder thereof has, within the preceding five
years, been examined and certified by a qualified medical practitioner appointed by the
Chief Inspector to be free from deafness, defective vision or any other infirmity, mental
or physical, likely to interfere with the efficient discharge of his duties.

(b) An application in respect of an examination of fitness in pursuance of

clause(a) shall be made to the Chief Inspector, accompanied by a fee of
2[fifteen rupees].
3[(2) (a) A medical examination undergone in accordance with rule 29B of the
Mines Rules, 1955 shall also be deemed to be an examination for the purpose of
sub-regulations(1).
(b)The application for endorsement on a certificate by the Regional Inspector
shall be accompanied by the certificate of fitness granted in terms of rule 29B of
the Mines Rules, 1955 and a fee of five rupees.].
31. 4[Retirement age for Managers and Official etc. – (1) No person shall act as a
manger or an official or a blaster or a winding engine man in a mine after attaining the
age of 60 years unless he has obtained, within the preceding one year, a medical
certificate of fitness certifying him fit to carry out the duties prescribed for him in the Act
and in the regulations and orders made thereunder :

Provided that if the Chief Inspector or the Regional Inspector is of the opinion
that a person as aforesaid though less than 60 years’ of age, is medically unfit to carry on
the duties prescribed fo r him in the Act and in the regulations and orders made
thereunder, the Chief Inspector or the Regional Inspector may, by an order in writing,
exceeding three months as he may specify therein; and no such person shall continue to
act in any capacity as afo resaid after the period so specified unless he has obtained a
medical certificate of fitness.

(2) The medical certificate of fitness as aforesaid shall be obtained from such
authority and in such manner and after the payment of such fees as the Board may
prescribe.

1[31. A. Right of the workers’ representative to inspect the register maintained under the
Mines Rules 1955 – The register maintained in Form ‘B’ under the Mines Rules, 1955
shall be made available for inspection to a workers’ representative duly authorized by the
persons employed in the mine on an application made by him in his behalf].

CHAPTER IV – Inspection and Mine Officials

32. Qualifications of Inspectors – (1) After the coming into force of these regulations, no new person shall
be appointed as Chief Inspector unless he holds a degree or diploma in mining engineer of an educational
institution approved by the Central Government and also a First Class Manager’s Certificate granted under
these regulations.

(2) After the coming into of these regulations, no person shall be appointed as in Inspector unless he holds
a degree or diploma in mining engineering of an educational institution approved by the Central
Government and also a First Class Manager’s Certificate granted under these regulations:

Provided that –

(i) in relation to electrical machinery installed in mines, a persons holding a degree or diploma in
electrical engineering of an educational institution approved by the Central Government may be so
appointed;
(ii) in relation to other machinery or mechanical appliances installed in mines, a person holding a
degree or diploma in mechanical engineering of an educational institution approved by the Central
Government may be so appointed; and
(iii) in relation to the provisions of the Act and of the regulations, and of orders made thereunder,
which relate to matters concerning the health and welfare of persons, a person holding a degree or
diploma in medicine, surgery, and/or social science or labour welfare, as the case may be, of an
educational institution approved by the Central Government 2[or a person holding such other
qualifications as the Central Government may approve in this behalf] may be so appointed.
 3* * * * * * *

4[33. Definition – For the purpose of these regulations –

(a) all excavations within the mine boundary and all premises, plants, machinery and works as specified in
clause (j) of sub-section (1) of section 2 of the Act shall collectively constitute the mine;
(b) the expression, “average employment” of any mine, means the average per day during the preceding
quarter of the total employment in all excavations and specified ancillary facilities within the specified
mine boundaries (obtained by dividing the number of man days worked by the number of working
days excluding the rest days and other non -working days.]

34. Qualifications and appointment of managers – (1)(a) No mine shall be opened, worked or re-opened
unless there is a manager of the mine, being a person duly appointed and having such qualifications as are
required by these regulations.

(b) No person shall act or be employed as a manager unless he is 23 years of age and is paid by, and is
directly answerable to, the owner or agent of the mine.

(2) Except as hereinafter provided in sub-regulation (6), and subject to the p rovisions of sub-regulation (3),
no person shall act or continue to act, or be appointed, as manager of a mine or mines the average
employment of which corresponds to the figures given in column (I) of the table below unless he holds the
corresponding qualifications given in column (ii) thereof :

(i) (ii)
(a) In excess of 150 in workings belowground or A First Class Manager’s Certificate
of 400 in all the mine

(b) In excess of 75 but not exceeding 150 in A First or Second Class Manager’s Certificate
workings below ground, or in excess of 150
but not exceeding 400 in all in the mine.

(c) In any other case ……..

A First or Second Class Manager’s Certificate or
a Managers permit granted under sub-regulation
(5).

Provided that no person shall act or continue to act, or be appointed, as manager of a mine or mines where
work is being carried on by a system of deep-hole blasting and/or with the help of heavy machinery for the
digging, excavation and removal, etc., of earth, stone, mineral or other material unless h e holds a first class
manager’s certificate :

Provided further that where special conditions exist, the Chief Inspector may, by an order in writing, direct
that in the case of any such mine as is referred to in clause (b) of the table, the manager thereof shall be the
holder of a First Class Manager’s Certificate, and that in the case of any such mine as is referred to in
clause (c) of the table, the manager thereof shall be the holder of a First or Second Class Manager’s
Certificate:

Provided further that if any mine undertaking consists of two or more separate mines and if, in the opinion
of the Chief Inspector, they are not sufficiently near to one another to permit of daily personal supervision
being exercised by one manager, he may, by an order in writing, require the appointment of a separate
manager for each of such mines.
(3) Where under the provisions of sub-regulation (2) a person holding a First or Second Class Manager’s
Certificate has been appointed as manager, a person holding lower qualifications shall not, except with the
previous permission in writing of the Chief Inspector and subject to such conditions as he may specify
therein, be so appointed during the succeeding twelve months, notwithstanding any reduction in the
average output of the mine.

(4) No person shall act, or be appointed, as manager of more than one mine except with the previous
permission in writing of the Chief Inspector and subject to such conditions as he may specify therein. No
such permission shall have effect for a period exceeding 12 months, unless renewed. The Chief Inspector
may at any time, by an order in writing, vary or revoke any such permission in the circumstances under
which the permission was granted have altered or the Chief Inspector finds that the manager has not been
able to exercise effective supervision in the mines under his charge.

(5)(a) The Chief Inspector may, after holding such examination as he may deem necessary and subject to
such conditions as he may specify therein grant to any person holding a Forman’s Certificate, a permit (in
these regulations referred to as Manager’s Permit) authorised such person to act as the manager of any
specified mine, the average employment of which does not exceed 75 in workings below ground or 150 in
all in the mine.

(b) A Manager’s Permit shall be valid only for such period, not exceeding 12 months as may be specified
therein. The Chief Inspector may renew any Manager’s Permit for further periods not exceeding 12
months at a time.

(c) A fee of Rs.10 shall be payable in respect of every application for the grant of a Manager’s Permit. No
fee shall be charged for renewal thereof.

(d) The Chief Inspector may, by an order in writing, after giving the holder of such permit an opportunity
to make his representation, cancel a Manager’s Permit.

(6) The Chief Inspector may, by an order in writing, and subject to such conditions as he may specify
therein, authorise any person whom he considers competent, being appointed to act as manager of any mine
or mines for a specified period, notwithstanding that such person does not possess the qualifications
prescribed in that behalf by sub-regulation (2); and may by a like order revoke any such authority at any
time.

(7)(a) Where by reason of absence or for any other reason, the manager is unable to exercise daily personal
supervision or is unable to perform his duties under the Act or these regulations, or orders made thereunder,
the owner, agent or manager shall authorise in writing a person whom he considers competent to act as
manager of the mine:

Provided that –

(i) such person holds a Manager’s or Forman’s Certificate;

(ii) no such authorisation shall have effect for a period in excess of 30 days, except with the previous
consent in writing of the Chief Inspector and subject to such conditions as he may specify therein;
nor without a like consent shall a second authorization be made to take effect upon the expiry of
the first. The Chief Inspector shall not permit any such authorisation to extend over a period
exceeding 60 days unless the persons holds such qualifications specified in sub-regulation (2);
(iii) the owner, agent or manager, as the case may be, shall forthwith send by registered post to the
Chief Inspector and the Regional Inspector a written notice intimating that such an authorisatio n
has been made, and stating the reason for the authorisation, the qualifications and experience of
the person authorised, and the date of the commencement and ending of the authorisation; and
(iv) the Chief Inspector or the Regional Inspector may, except in the case of a persons possessing the
qualifications specified in sub-regulation (2), by an order in writing, revoke any authority so
granted.
(b) The persons so authorised shall, during the period of such authorisation, have the same responsibilities
discharge the same duties, and be subject to the same liabilities as the manager.

(8)(a) No manager shall vacate his office without giving due notice in writing to the owner or agent at least
30 days before the day on which he wishes to vacate his office:

Provided that the owner or agent may permit the manager to vacate his office after giving a shorter notice.

(b) No owner or agent shall transfer, discharge or dismiss a manager unless the manager has been relieved
by a duly qualified person as prescribed under sub-regulation (2).
(c) Nothing in sub-regulation (7) shall confer on the owner, agent or manager the right to authorise during
any period of such notice, any person not duly qualified to manager the mine under sub-regulation (2),
to act as the manager except in case of illness or other causes over which the manager has no control,
or except with the previous written permission of the Chief Inspector and subject to such conditions as
he may specify therein:
(d) A copy of every such notice and authorisation shall forthwith be sent to the Chief Inspector and to the
Regional Inspector by registered post.

(9)(a) The owner or agent shall provide suitable residential accommodation for the manager and the under-
manager or assistant manager within a distance of three miles from all mine openings; and every manager,
under manager and assistant manager shall reside in the accommodation so provided:

Provided that where special difficulties exist which render compliance with these provisions not reasonably
practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he may
specify therein, grant exemption from the same.

(b) No manager shall be entrusted by the owner or agent with any work, nor shall he himself perform any
work, which will necessitate his frequent or prolonged absence from the mine.
(c) If any doubt arises as to any matter referred to in the foregoing clauses of this sub -regulation, it shall
be referred to the Chief Inspector for decision.

(10) No manager shall act as agent or under manager or assistant manager or in any other supervisory
capacity in another mine,

35. Appointment of assistant managers or underground managers – In every mine the average employment
of which exceeds 450in working below ground or 1,200 in all in the mine, the manager shall be
assisted by assistant managers and/or underground managers on the following scale:

Average employment Number of assistant managers and/or

underground managers
Upto 600 workings belowground, or 1,600 in all One
in the mine.
In excess of 600 workings belowground, or 1,600 One additional assistant manager or underground
in all in the mine manager, for every additional 500 persons
employed belowground or 800 in all in the mine,
or part thereof, for a period of five years from the
commencement of the Regulations, and thereafter,
for every 300 additional persons employed
belowground or 800 in all in the mine or part
thereof:

Provided that in a mine where the average employment exceeds 1200 in workings belowground or 3,200 in
all in the mine, at least one of the assistant managers or underground managers as aforesaid shall hold a
First Class Manager’s Certificate:
Provided further that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit or require the appointment of assistant managers or underground managers in
variation with these provisions.

NOTE. – For the purpose of this regulation, the expression “assistant manger or underground manager”
shall include persons such as safety officers who hold equivalent qualifications.

36. Appointment of engineers – (1) At every mine where machinery is used, an engineer or other
competent person not less than 23 years of age shall be appointed to hold general charge of such
machinery, and to be responsible for its installation, maintenance and safe working.

Provided that nothing in this sub-regulation shall be deemed to ;prohibit the employment of two or
more engineers or competent persons at one mine so long as the jurisdiction and sphere of responsibility of
every such engineer or competent person is defined by the manager in his letter of appointment :

Provided further that after such date as the Central Government may notify in this behalf in the Official
Gazette, no person (unless he holds 1[a degree or diploma in mechanical engineering or equivalent
qualification] approved for the purpose by the Central Government) shall, except with the previous
permission in writing of the Chief Inspector and subject to such conditions as he may specify therein, be
appointed in an open cast mine worked by heavy earth-moving machinery in which the aggregate h.p. of all
the machinery used exceeds 750, or in any other mine in which the aggregate h.p. of all the machinery used
exceeds 250.or shall continue to act as an engineer or competent person as

(2) A notice of every such appointment, giving the name and full particulars of the qualifications and
experience of the person so appointed, shall be sent to the Regional Inspector within seven days of
such appointment :

(3) No person shall undertake the duties of an engineer of more than one mine without the previous
permission in writing of the Regional Inspector and subject to such conditions as he may specify therein.
The Regional Inspector may at any time, by an order in writing, vary or revoke such permission.

(4)Where by reason of temporary absence by any cause, the engineer, or competent person appointed under
sub-regulation (1) is unable to perform his duties, the manager shall authorise in writing a person whom he
considers competent to act in his place:

Provided that –

(a) notice of every such authorisation shall be sent to the Regional Inspector forthwith;
(b) no such authorisation shall have effect for a period in excess of 30 days except with the previous
written consent of the Regional Inspector and subject to such conditions as he may specify therein; and
(c) the Regional Inspector may by an order in writing, revoke any authority so granted.

37. Appointment and qualifications of senior officials – (1)(a) At every mine, one or more overman shall
be appointed to hold charge of the different districts of the mine on each working shift.

(b) The mine or district assigned to a Forman shall not be of such a size, nor shall any additional duties
other than his duties under thes e regulations be such, as are likely to prevent him from carrying out in a
thorough manner the duties prescribed for him under these regulations and in case any doubt arises as to the
foregoing duties it shall be referred to the Chief Inspector for decision.

(2) Every person employed under sub-regulation (1) (a) as an official subordinate to the manager or to an
assistant manager or underground manager and superior to the Mining Mate shall hold either a Manager’s
Certificate or an Forman’s Certificate.

38. Appointment of surveyors – (1) At every mine having workings belowground and at such other mines
or classes of mines as may be notified from time to time by the Central Government a person not less than
23 years of age and holding a Surveyor’s Certificate shall be appointed to be the Surveyor for carrying out
the surveys and levellings and for preparing the plans and sections required under the Act or the
regulations, or orders made thereunder.

Provided that nothing in this sub-regulation shall be deemed to prohibit the employment of two or
more surveyors at one mine so long as the jurisdiction and sphere of responsibility of each of the surveyors
is defined by the manger in his letter of appointment.

(2) A notice of every such appointment giving the name and full particulars of the qualifications of the
person so appointed, shall be sent to the Regional Inspector within seven days of such appointment.

(3) No person shall be appointed as a surveyor of more than one mine or in any other capacity in the same
mine, without the previous permission in writing of the Regional Inspector and subject to such conditions
as may be specified therein. The Regional Inspector may, by an order in writing, revoke such permission if
the circumstances under which it was granted have altered or the Regional Inspector finds that the surveyor
has not been able to carry out satisfactorily the work allotted to him.

39. Appointment of Officials and competent persons – (1)(a) The owner, agent or manager shall appoint
such number of competent persons, including officials and technicians as is sufficient to secure, during
each of the working shifts –

(i) adequate inspection of the mine and the equipment thereof;

(ii) a thorough supervision of all operations in the mine;
(iii) the installation, running and maintenance, in safe working order, of all machinery in the mine; and
(iv) the enforcement of the requirements of the Act and these regulations and orders made thereunder:

Provided that if the Regional Inspector finds that those appointed are inadequate, he may require
the appointment of such number of additional competent persons by the owner, agent or manager
as he considers necessary.

(b) Without prejudice to the requirement of clause (a), where the mine is worked on more than one shift,
the owner, agent or the managers shall arrange that during the afternoon shift and the night shift, the mine
is under the general supervision or an undermanager or assistant manager, if any, and of an experienced
mine forman in other cases.

(2) It shall be the responsibility of the manager to see that the persons so appointed are competent to
perform the duties assigned to them. No person shall be so appointed unless he is paid by the owner or
agent and is answerable to the manager.

(3) Copies of all appointments made under sub-regulation (1) shall be entered in a bound-paged book kept
for the purpose. A list of all such competent persons shall also be maintained.

(4) Without prejudice to the requirements of sub-regulation (2), every manager on taking over charge of a
mine, shall satisfy himself that all persons already appointed under sub-regulation (1) are competent to
perform the duties assigned to them; and if he finds them competent, he shall either countersign their
authorisations or issue fresh ones.

40. General Management – (1) The owner, agent and manager shall provide for the safety and proper
discipline of persons employed in the mine.

(2) Except in a case of emergency, no person who is not an official or a competent persons shall give,
otherwise that through the manager, instructions to a person employed in a mine, who is responsible to the
manager.
 CHAPTER-V : Duties and Responsibilities of Workmen,
Competent Persons and Officials, etc.

41. Duties of persons employed in mines – (1)(a) Every person shall strictly adhere to the
provisions of the Act and of the regulations and orders made thereunder, and to any order or
direction issued by the manager or an official with a view to the safety or convenience of persons
not being inconsistent with the Act and these regulations; nor shall be neglect or refuse to obey
such order or directions.

(b) No persons shall interfere with, impede or obstruct any person in the discharge of his duties,
nor shall he offer or render any service, or use any threat, to any other person with a view to
preventing him from complying with the provisions of the Act and of the regulations, and orders
made thereunder or from performing his duties faithfully. If any person who receives any such
offer or threat, fails to inform the manager forthwith, he shall also be guilty of a breach of these
regulations.

(2) Every person shall, immediately before proceeding to work and immediately after terminating
work at the end of his shift, have his name recorded in the register maintained under section
48(4) of the Act. In case of workings belowground, he shall get his name recorded every time he
proceeds belowground or returns to the surface.

(3) No person shall go below ground unless he wears a hat of a type approved by the Chief
Inspector.

(4)(a) No person shall, except with the authority of an official, remove or pass through any fence,
barrier or gate, or remove or pass any danger signal.

(b) Subject to any directions that may be given by an official, no person shall, except for some
justifiable purpose, go into any part of the mine other than that part in which he works, or travels
to or from his working place by any roadway other than the proper travelling roadway.

(5) No person shall, while on duty, throw any stone or other missile with intent to cause injury, or
fight or behave in a violent manner.

(6) Every person receiving any injury in the course of his duty shall, as soon as possible report
the same to an official who shall arrange for the necessary first-aid to the injured person.

(7) No person shall sleep whilst on duty.

(8)(a) No person shall test for inflammable gas with a naked lamp, or brush or waft out inflammable gas.
Should any person having a flame safety lamp find himself in the presence of inflammable gas, he shall not
throw the lamp away or attempt to blow it out; but shall shelter it, hold it near the floor, avoid jerking it,
and take it steadily into fresh air. Where the cannot take it into fresh air, he shall smother out the light or
extinguish it in water.

[(b) No person shall, when trying examining for the presence of inflammable gas with a flame safety lamp,
raise the lamp higher than may be necessary to allow the presence of inflammable gas to be detected.

(c)Every person using a safety lamp shall take proper care of it and shall not place it within 0.6 metre of the
swing of any tool except in the case of a lamp which is actually worn, attached to the body of such person.
In the case of a flame safety lamp he shall not place it on the floor unless it is necessary to do so for the safe
performance of any particular work; and is the lamp becomes damaged, he shall at once carefully lower the
flame until it is extinguished, and shall, at the first opportunity, report the damage to his superior official.

(9) Subject to the provisions of the Act and of these regulations and orders made thereunder, no person
shall remain in a mine beyond the period over which his shift extends.
42. Duties of competent persons – Every competent person shall be responsible for the duties assigned to
him. He shall be subject to orders of superior officials, and shall not –

(a) depute another person to perform his work without the sanction of his superior official;
(b) absent himself without having previously obtained permission from such official for the term of his
absence or without having been relieved by a duty competent person; and
(c) without permission from such official, perform during his shift any duties other than those for which
he has been appointed.

43. Duties of officials – (1) Every official shall carry out the duties assigned to him by the manager, under-
manager or assistant manager in accordance with the provisions of the Act and of the regulations and orders
made thereunder.

(2) Every official shall, to the best of his power, see that persons under his charge understand and carry out
their respective duties properly.

44. Duties and responsibilities of managers – (1)(a) In every mine daily personal supervision shall be
exercised by the manager; and in case of workings belowground, he shall visit and examine the workings
belowground on at least four days in every week to see that safety in every respect is ensured. Of these
inspections one at least in every fortnight shall be made during the night shift :

Provided that I the case of a mine where an assistant manager or underground manager holding a First
Class Manager’s Certificate is employed in compliance with the first provisio to regulation 35 and visits
and examines the workings belowground on not less than five days in every week, it shall suffice if the
manager visits and examines the workings belowground on not less than two days in every week:

Provided further that when owing to any unavoidable cause the manager or the assistant manager or under
ground manager aforesaid is unable to carry out the aforesaid duties or inspections, he shall record the
reason for the same in the book kept under clause (b).

(b) The manager, the undermanager and the assistant manager, if any, shall each maintain, in a bound
paged book kept for the purpose, a diary; and shall record therein the result of each of his inspections and
also the action taken by him to rectify the defects mentioned, if any.

(2) The manager shall make arrangements for all overmen and other officials to meet him or an
undermanager, or assistant manager once in every working day for the purpose of conferring on matters
connected with their duties.

(3)(a) The manager shall see that a sufficient supply of proper materials and appliances for the purpose of
carrying out the provisions of the Act and of the regulations or orders made thereunder and for ensuring the
safety of the mine and the persons employed therein, is always provided at the mine; and if he be not the
owner or agent of the mine, he shall report in writin g to the owner or agent when anything is required for
the aforesaid purpose, that is not within the scope of his authority to order. A copy of every such report
shall be recorded in a bound-paged book kept for the purpose.

(b) On receipt of a requisition under clause (a) the owner or agent shall take immediately and also shall,
within three days of receipt of the requisition, inform the manager in writing of the action taken .

(4) The manager shall assign to every competent his particular duties, shall on his appointment make over
to him a copy of the regulations, rules and bye-laws and of any orders made thereunder which affect him,
and shall take all possible steps to ensure that every such person understands, carries out and enforces the
provisions therein contained in a proper manner.

(5) The manager shall provide every overman with a tracing, upto the date of the last survey, showing the
workings of the district belowground assigned to him. Where any work of reduction or extraction of pillars
is being carried out, such tracing shall show clearly the order in which such reduction or extraction is to be
carried out.

(6) The manager shall examine all reports, registers and other records required to be made or kept in
pursuance of the Act or of the regulations, or orders made thereunder, and shall countersign the same and
date his signature. He may, however, by an order in writing, delegate this duty an undermanager or
assistant manager except in cases where a specific provision is made requiring the manager to countersign a
report or register.

(7) The manager shall give attention to, and cause to be carefully investigated, any specific representation
or complaint that may be made to him in writing by an employee of the mine as to any matter affecting the
safety or health of persons in or about the mine.

(8) When any accident, resulting in serious bodily injury to any person or in loss of life, occurs in a mine,
the manager shall inspect the site of accident as soon as possible, and shall also either himself or through an
undermanager or assistant manager, have an inquiry made into the cause of and circumstances attending the
accident. The result of every such enquiry and a plan of the site of the accident showing details, shall be
recorded in a bound paged book kept for the purpose.

(9) The manager shall perform such other duties as have been prescribed in that behalf under the Act, the
regulations, or orders made thereunder.

(10) The manger may suspend or take such disciplinary action against any employee for contravention of
any of the provisions of the Act, these regulations or orders made thereunder.

45. Duties and responsibilities of assistant mangers or underground manager – (1) The assistant manager
or underground manager shall carry out the duties assigned to him by the manager, and shall see that in the
part of the mine assigned to him by the manager, all work is carried out in accordance with the provisions
of the act and of the regulations and orders made thereunder.

(2) The assistant mangers or underground manager shall, subject to the orders of the manager, visit and
examine the workings under his charge, or part thereof, on every working day.

(3) The assistant mangers or underground manager shall, from time to time, carefully examine every
travelable part of the mine or part thereof placed under his charge, whether frequented by workpersons or
not.

(4) In the absence of the manager, assistant mangers or underground manager shall have the same
responsibility, discharge the same duties and be subject to the same liabilities as the manager, but not so as
to exempt the manager therefrom.

43. Duties and responsibilities of mine – The mine foreman or other competent person appointed under
regulation 37(1) shall strictly observe the following provisions, namely –

(1) (a) Subject to the orders of superior officials, he shall have responsible charge and control of such part
of the mine, and shall carry out such duties, as may be assigned to him by the manager.

(b) In the case of working belowground he shall, while on duty, carry a tracing of the workings of such
district and shall keep the tracing up-to-date.
(c) He shall, in his district, make the inspections and reports required by these regulations.
(2) (a) He shall be responsible to see that the subordinate officials and competent persons in his district
carry out their respective duties in a proper manner.
(b) He shall, to the best of his power, enforce in his district the provisions of the Act, of these regulations
and orders made thereunder, and shall, subject to the control of the manager and the underground
manager, assistant manager, if any, give such directions as may be necessary to ensure compliance
with those provisions, and to secure the safety of the district and the safety and proper discipline of the
persons employed therein.
(c) He shall have power to send out of the mine any person under his charge infringing or attempting to
infringe any provision of the Act or of the regulations or orders made thereunder, or failing to carry out any
direction given with regard to safety; and shall report in writing any such infringement or attempted
infringement or failure to the manager.

(3) He shall see that sufficient supplies of timber brattice and other necessaries required for the safe
working of his district are kept in convenient places therein.

(4) (a) He shall see that every air-crossing, stopping, door, brattice and other ventilation device is
maintained in good order.

(b) He shall, in his district, see that the ventilation is effective; and when brattices or air pipes are required
to be used for the ventilation of the working places, he shall see that they are kept sufficiently advance to
ensure that an adequate amount of air reaches every such working place.

(5)(a) He shall see that all tracks and tramlines are properly laid, graded, ballasted or otherwise packed.

(b) He shall see that the manholes on the haulage roadways are kept safe, clear of any obstruction, and
properly white-washed.

(c) He shall see that the stop-blocks, runway switches and other safety devices are fixed and used as
required under the regulations, that drag or back-stays are provided and regularly used behind tubs
ascending declines and that a sufficient supply of suitable sprags is provided where tubs are loaded on a
gradient or lowered down a gradient by hand.

(d) He shall, if he finds any of the ropes, chains, signals, brakes, jig wheels and post or other apparatus in
use in his district to be in an unsafe condition, stop the use of the same forthwith.

(6) He shall be responsible to see that except for the purpose of inspection, examination and repairs every
person other than an official or a haulage attendant travels by the travelling roadway.

(7) He shall give prompt attention to the removal of any danger observed or reported to him, and shall see
that dangerous places are adequately fenced off.

(8) He shall, under the direction of the manager, see that approved safety lamps are used and naked lights
excluded wherever and whenever danger from inflammable gas is apprehended.

(9)(a) He shall devote the whole of his time to his duties and shall visit each working place in his district as
often as may be necessary or possible.

(b) He shall not, except for justifiable cause, leave the district in his charge until he had finished the
inspections required under these regulations and any other duties that he is required to perform, or until
relieved by a duly appointed substitute.

(c) He shall, if the mine is working in a continuous succession of shifts, confer with the official succeeding
him and give him such information as may be necessary for the safety of his district and of persons
employed therein.
(10) He shall, at the end of his shift, record in a bound-paged book kept for the purpose a general report on
the performance of all his duties during the shift, including anything concerning the proper working of the
mine and the safety and discipline of persons employed in his district.

47. Duties and responsibilities of mining mates – Every mining mate or other competent
person appointed under regulation 116 shall strictly observe the following provisions,
namely :-

(1)(a) Subject to orders of superior officials, he shall have responsible charge and control of the district of
the mine assigned to him by the manager or the assistant manager or underground manager.

(b) He shall take reasonable means to ensure the proper observance of the requirements of the Act and of
the regulations, and orders made thereunder by persons under his charge and shall, as soon as practicable,
report any contravention thereof to his superior official.

(2)(a) He shall make such inspection and reports as are required by these regulations, and in making such
examination, he shall pay particular attention to edges of the goaf, if any, for checking supports.

(b) Except in the case of a mine working in a continuous succession of shifts, he shall, on completion of the
first inspection of the district, proceed to the station appointed under regulation 116 and instruct all persons
as to their places of work and as to any special precautions necessary to be observed by them.

(c) If he finds any person in a place other than the one assigned to him, he may order such
person out of the mine, and shall forthwith report the matter to his superior official.

(d) He shall ensure that no inexperienced person is employed on any work except under the supervision of
an experienced person.

(3)(a) He shall see that all travelling roadways to, and working places in, his district are made and kept
secure.

(b) He shall report to his superior official any deficiency in timber, appliances and other necessaries
required for the safe working of the district.

(4) Where either of the two ways affording means of egress from the district to the surface is not ordinarily
used for travelling, he shall travel, once at least in every seven days, the whole of such way in order to
make himself thoroughly acquainted with the same.

(5)(a) If he observes any dangerous place during the course of his inspections or if any danger at a place
where workpersons are employed is reported to him, he shall, if the danger cannot be removed forthwith
withdraw all persons from such place and shall not leave the place until the danger has been removed in his
presence or all approaches to the place have been fenced off so as to prevent persons from inadvertently
entering such place.

(b) He shall take care that any dangerous operation is carried out with due precaution, and in such cases
shall be present throughout whenever any work of clearing falls of ground and setting of supports therein is
being carried out.

(c) He shall cause the entrance to every place which is not in actual use or in course of working or
extension, to be fenced across the whole width, so as to prevent persons from inadvertently entering such
place.

(d) If he finds any accumulation of inflammable or noxious gases, he shall carry out the provisions of
regulations 141 and shall not remove such accumulation until he has received instructions in that behalf
from his superior official.
(6) He shall, on receipt of information of an accident to any person in his district, proceed at once to the
place of accident, inspect the place and, if required, supervise the rescue operations, and shall report or send
notice of the accident to the manager or assistant manager or underground manager.

(7)(a) He shall devote the whole of his time to his duties, and shall not leave the district under his charge
until the end of the shift or until relieved by a duly appointed substitute.

(b) If the mine is worked by a continuous succession of shifts, he shall, before leaving his
district, confer with the sirdar or competent person succeeding him, and shall acquaint
him with all matters requiring his personal attention and give him such other information
as may be necessary for the safety of his district and of the persons employed therein.

48. Duties and responsibilities of blasters – Every blasters shall –

(a) carry out his duties in accordance with the provisions of the regulations and of any orders made
thereunder with respect to the transport and use of explosives;

(b) be responsible for the observance by his assistants, if any, of such provisions and of any direction with
a view to safety which may be given to them by a superior official;

(c) not hand over any explosives to any unauthorised person;

(d) see that clay, sand or other suitable stemming material is available in sufficient quantities at convenient
places;

(e) be present when shots are being charged and stemmed; and shall himself fire the shots; and

(f) be responsible, when a shot has misfired, for seeing that the place is adequately fenced, and that the
provisions of regulations 167 are strictly observed.

49. Duties of timberman – Every timberman shall carry out the orders of the manager, assistant manager or
underground manager, foreman, mining mate or other competent person with respect to the securing of
hangwall, footwall and back(roof). He shall at once report to the sirdar or other competent person any
shortage of timber in his district. He shall also be responsible to see that woodcuttings are not left in any
working belowground.

50. Duties of attendants of main mechanical ventilators – Every person in charge of the main mechanical
ventilator shall –

(a) keep the ventilator running at the speed fixed by the manager;
(b) examine the machinery and observe the pressure-recorded or water gauge and the speed-indicator at
intervals of not more than one hour, and shall, enter the readings of the indicator in a bound-paged
book kept for the purpose at the fan-house;
(c) immediately report to his superior official any stoppage of, damage to, or defect or derangement in the
machinery, or any unusual variation in the water-gauge or other indicators; shall also immediately
report to him any unusual circumstances in regard to mine ventilation which may come to his notice;
and
(d) where the ventilator is continuously operated, shall not leave his post until received by a duly
appointed substitute.

51. Duties of lamp -room incharges – Every competent person in charge of a safety lamp-room–

(a) shall be responsible for ensuring that all lamps in the safety lamp -room are properly maintained in
accordance with the provisions of the regulations;
(b) shall see that the safety lamp -room is kept in a neat and tidy condition, and that all damaged and
defective gauges, glasses and other parts of safety lamps are not kept or stored in such room;
(c) shall see that fire extinguishers or other means of dealing with fires provided in the safety lamps room
are in good condition and readily available for use;
(d) shall see that all records required by the regulations for the issue, return and maintenance of safety
lamps are properly maintained; and
(e) shall carry out such other duties relating to the maintenance, issue and return of safety lamps as may be
specified by the manager or the undermanager or assistant manager.

52. Duties and responsibilities of surveyors – (1) Every surveyor shall –

(a) make such accurate surveys and levellings, and prepare such plans and sections and tracings thereof, as
the manager may direct or as may be required by the Act or by the regulations or orders made
thereunder, and shall sign the plans, sections and tracings and date his signature; and
(b) be responsible for the accuracy of any plan and section, or tracings thereof that has been prepared and
signed by him.

(2) The surveyor shall record in a bound-paged book kept for the purpose –

(a) the full facts when workings of the mine have approached to about 75 metres from the mine boundary,
or from disused or waterlogged workings;
(b) any doubts which may exists concerning the accuracy of the plans and sections prepared under these
regulations; and
(c) any other matter relating to the preparation of the plans and sections that he may like to bring to the
notice of the manager.

Every entry in the book shall be signed and dated by the surveyor and countersigned and dated by the
manager :

Provided that where in any mine two or more surveyors are employed, each of the surveyors shall make the
entries aforesaid in respect of the workings in his jurisdiction or of the plans and sections in his charge.
(3) Nothing in sub-regulation (2) shall absolve the owner, agent or manager of his responsibility under the
Act and under these regulations or orders made thereunder.

53. Duties and responsibilities of engineers – The engineer or other competent person appointed for the
purpose –

(a) shall, subject to the orders of the manager and other superior official, hold general charge of all
machinery at the mine; and shall be responsible for the proper installation, maintenance and safe
working of such machinery;
(b) shall, when any machinery is shifted or newly installed, see that it is given a trial run before it is put
into use and shall be present during every such trial run;
(c) shall be present throughout whenever any work is installing, changing or recapping of any winding
rope, or of installing changing or annealing any suspension gear, is being carried on;
(d) shall see that the provisions of the Act and of the regulations and orders made thereunder relating to
the installation, maintenance, operation or examination of machinery are properly carried out by
himself or by subordinate officials, competent persons or workpersons as the case may be, appointed
for the purpose; and
(e) shall, if mechanics, electricians or other subordinate officials or competent persons are appointed for
the purpose, examine all reports, registers and other records relating to the installation, maintenance,
operation or examination of machinery required to be made or kept in pursuance of the Act, these
regulations or orders made thereunder, and shall countersign the same and date his signature.

54. Duties of winding enginemen – (1) At the beginning of his shift the winding engineman shall examine
the engine, brakes and all appliances in his charge, and shall satisfy himself that they are in good working
order.
(2) Every winding engineman shall during his shift keep the winding engine and apparatus connected
therewith properly cleaned and oiled, and shall see that the engine room is clean and free of inflammable
material.

(3) The winding engineman shall immediately report in writing to the engineer or other competent person
appointed for the purpose any defect which he has noticed in the engine, brake, indicator, drum, rope or
other appliances under his charge.

(4)The winding engineman shall not allow any unauthorised person to enter the engine room or in any way
to interfere with the engine.

(5) Every winding engineman shall thoroughly acquaint himself with, and carefully attend to, the
prescribed code of signals; and shall not start the engine until he has received the proper signal to do
so. If the signal is indistinct, he shall not start the engine until it has been repeated and he clearly
understands it.

(6) The winding engineman shall avoid jerk in starting, running and stopping the engine, and shall cause
the cage or other means of conveyance to be brought gently to rest at any stopping place.

(7) While persons are being lowered or raised in the shaft, the winding engineman shall not drive the
engine at a speed higher than that fixed by the manager for manwinding purposes and approved by the
Regional Inspector by an order in writing.

(8) The winding engineman shall not unclutch the drum of his engine until he has assured himself
immediately beforehand by testing the brake of the drum against the full power of the engine that the
brake is in proper condition to hold the load suspended from the said drum. When the drum is
unclutched, he shall use the brake only for th epurpose of maintaining such drum stationery, and shall
not lower men or materials from an unclutched drum.

(9) The winding engineman shall on no pretext leave the handle or brake whilst the engine is in motion, or
while persons are riding a cage or other means of conveyance in the shaft.

(10) The winding engineman shall not leave the engine whilst persons are at work in the shaft. Whenever he
has occasion to leave the engine, he shall secure the drums with the brake and cut off the power.

(11) The winding engineman of a winding engine by wich persons are lowered or raised in a shaft, shall not
leave the engine at the end of his shift unless all the persons have come out of shaft or unless relieved
by a duly appointed substitute.

55. Duties of banksmen, bellmen and signalmen. – (1) Every banksman, bellmen and sig nalmen, as the case
may be, shall observe the following provisions, -

(a) He shall, subject to the orders of a superior official, have full control of the top or bottom of shaft and
the inset, as the case may be and shall report to such official any person who, without authority, gives a
signal or disobeys instructions.

(b) He shall thoroughly acquaint himself with, and carefully attend to, the prescribed code of signals, and
shall properly transmit the signals by the means provided. He shall not act on any signal the
correctness of which he is in doubt, except a signal which he believes to be “to stop”. He shall not
allow any unauthorised person to give signals.

(c) He shall immediately report to his superior official any defect in the signalling installation.
(d) He shall devote the whole of his time of duties, and shall not leave his post during the period of his
duty. Where persons are raised or lowered in the shaft, he shall not leave his post at the end of his shift
unless all the persons have come out of the shaft or unless relieved by a duly appointed substitute.

(e) He shall not allow more than the authorised number of persons to enter the case or other means of
conveyance at any one time.

(f) He shall not, unless specially authorised in writing by the manager in that behalf, allow any persons
when riding in a cage or other means of conveyance, to take with him any bulky material other than
tools and instruments:

Provided that nothing in this clause shall be deemed to prohibit the carrying, in a cage or other means of
conveyance, the explosives by a blaster or other competent person.

(g) After any stoppage of winding for repairs or for any other cause for a period exceeding two hours, he
shall not allow any person to ride in the cage or other means of conveyance unless it has been run at
least one complete trip up and down the working portion of the shaft.

(h) He shall not allow any person to ride on the top or edge of any cage or other means of conveyance
except when engaged in examination, repair or any other work in the shaft.

(i) He shall, after persons have entered the cage, see that the cage gates on both sides are in position and
closed, before signalling for the cage to be lowered or raised.

(j) He shall not allow any unauthorised person to handle tubs in or out of the cage. While tubs are being
lowered or raised, he shall also see that the catches are holding the tubs properly before signalling the
cage or other means of conveyance away. If he notices any defect in the tub-catches, he shall
immediately inform his superior official.

(k) He shall not, at any entrance into a shaft or inset which is provided with gates or fences not worked by
the cage or other means of conveyance, begin to remove the gate or fence until the cage or other means
of conveyance has stopped at the entrance, and shall close the gate before he has signalled the cage or
other means of conveyance away. He shall not permit any unauthorised person to open or interfere
with the gate.

(l) He shall see that all fences and gates provided at the top of the shaft or at any inset are in position.

(m) He shall not permit any unauthorised person to remove a fence or gate; and if he notices any defect in
such fence or gate he shall immediately inform his superior official.

(n) He shall keep the top of the shaft or the inset and the floor of every cage free from loose material.

(o) He shall, when long timber, pipes, rails or other material projecting over the top of a cage or other
means of conveyance are lowered or raised, see that the projecting ends are securely fastened to the
rope, chains or bow.

(p) He shall, when he suspects that the cages are not working smoothly in the shaft or when he hears
anything unusual happening in the shaft while the winding engine is working, immediately give signal
to the winding engineman to stop the engine.

(2)(a) At the beginning of his shift, the banks man shall see that the keps are in proper working order.

(b) The banksman, when he is informed of any danger in the shaft, shall not allow any person to descend
except for the purpose of examination or repair; and during the time that such examination or repair is
going on, shall be on duty and listen for signals.
(c) The banksman shall not permit any person descending the shaft to carry any intoxicating drink or drug,
or allow any intoxicaed person to descend.

(3)Where the manager so directs by an order in writing the banksman or the bellman, as the case may be,
shall also carry out the duties of a signalman.

56. Duties of haulage enginemen, brakesmen, and signallers. – (1) At the beginning of his shift, the haulage
engineman shall examine the engine, its brake and all appliances in his charge, and shall satisfy himself that
they are in good working order.

(2) The haulage engineman shall, during his shift, keep the haulage engine and apparatus
connected therewith properly cleaned and oiled, and the engine-room clean and free of
inflammable material.

(3) The haulage engineman and banksman shall report immediately to the engineer or other competent
person appointed for the purpose any defect which he has noticed in the engine, drum, rope or other
appliances under his charge.

(4) Whenever the haulage engineman has occasion to leave the engine, he shall cut off the power ands
secure the engine with the brake.

(5) The haulage engineman, brakesman and signaller shall not allow any unauthorised person to enter the
engine-room or in any way to interfere with the engine or signal, as the case may be.

(6) Every haulage engineman, brakesman and signaller shall thoroughly acquaint himself with, and
carefully attend to, the prescribed code of signals. The haulage engineman shall not start the engine
until he has received the proper signal to do so. If the signal is indistinct, he shall not start the engine
until it has been repeated and he clearly understands it.

(7) The person in charge at the top of any haulage plane or incline shall see that the stop-block are
blocking the way, before allowing any tub to be brought on to the tope landing; and shall cause the
tubs to be securely coupled up to each other and to the rope or chain, before the stop block is opened.
In case any alternative safety appliance is provided, he shall cause the same to be brought into use on
every such occasion.

(8) The person who is responsible for the attachment, to the haulage rope, of any tub or set of tubs at any
stopping place on any haulage plane or incline, shall see that no person remains in a position of danger
at or near such stopping place while the rope is in motion.

(9) The person in charge of any tubs or set of tubs, which it is intended to sent up any haulage plane or
incline on which drags or back-stays are required to be used, shall securely fix the drag or back-stay or
cause it to be so fixed, before such tub or set of tubs is set in motion.

(10) The person in charge at the top or bottom of the incline shall see that no unauthorised person rides on
any tub or haulage rope.

(11) Before a train of side-tipping tubs is set in motion, the person in charge shall see that the safety catches
of all such tubs are properly secured.

57. Duties of Locomotive drivers and shunters – (1) The locomotive driver shall, before commencing work
in his shifts, ensure that the audible signal and the brakes of the locomotive are in proper working order.

(2) The locomotive driver shall not work the on locomotive except during hours of daylight, unless the
locomotive is fitted with sufficient headlights as prescribed.
(3) The locomotive driver shall immediately report to the engineer or other competent person appointed
for the purpose any defect which he has noticed in the locomotive or any part or fitting thereof.

(4) The locomotive driver shall not set the locomotive in motion until audible warning has been given by
him to persons whose safety may be endangered. He shall also give the audible warning when the
locomotive is approaching a level crossing or any place where any person is at work or where the
driver’s sight is intercepted.

(5) The locomotive driver shall not leave a locomotive unattended away from the places where it is
housed, unless he has ensured that it cannot be set in motion by any unauthorised person.

(6) The locomotive driver shall ensure that no unauthorised person drives, handles or raised on a
locomotive.

(7) When tubs or wagons are being pushed in front of the locomotive, the shunter shall accompany the
leading wagon.

58. Duties of magazine incharge – Every magazine incharge –

(a) shall, subject to the orders of superior officials, be responsible for the proper receipt, storage an issue
of explosives in and from the magazine;
(b) shall maintain such records of explosives so received, stored and issued, as are required by the rules
made under Indian Explosives Act, 1884, and under the Act and under the regulations, rules, byelaws
and orders made thereunder;
(c) shall not issue explosives to any person other than a competent persons; and when explosives are
returned to the magazine, shall re-issue such explosives before issuing fresh stock;
(d) shall record in abound-paged book kept for the purpose the names of various competent persons and
the quantity and nature of explosives issued to each of them; and shall similarly record the quantity and
nature of explosives returned to the magazine by each such person;
(e) shall securely lock each canister before issuing it to the competent persons and shall also check
whether the canister is returned to the magazine in locked condition; he shall not issue explosives in
any canister which is not in proper repair or which cannot be securely locked;
(f) shall not allow any unauthorised person to enter the magazine; and
(g) shall, if he discovers any shortage of explosives in the magazine forthwith inform the manager in
writing.

59. Duties of register keepers and attendance clerks, etc. – (1) Every person appointed to keep registers or
other records required by or under the Act and the regulations and any orders made thereunder, or to make
entries therein, shall make the necessary entries in ink and with reasonable despatch.

(2) During the whole time that persons are at work, the attendance clerk shall remain on duty at attendance
cabin which shall be provided near the workplaces, or in case of workings belowground, near the outlet
used by the workpersons to enter and leave such workings.

(3) No person who is not an employee of the mine or is not entitled to enter the mine under the Act or
under the regulations, or orders made thereunder, or is not so authorised by the manager, shall enter the
mine. It shall be the duty of the attendance clerk to see that no such person enters the mine; if any such
person forcibly enters the mine, the attendance clerk shall immediately report the matter in writing to the
manger.

(4) If after the commencement of a shift any official or a competent person has not got his attendance
recorded in the register maintained under section 48(4) of the Act, the attendance clerk concerned shall,
within two hours after the commencement of the shift, report the fact in writing to the Manager, or the
under manager or assistant manager of other official in charge of the shift.
CHAPTER-VI : Plans and Sections

60. General requirements about mine plans and sections – (1) Every plan or section
prepared or submitted in accordance with the provisions of the regulations shall –

(a) show the name of the mine and of the owner, and the purpose for which the plan is prepared;
(b) show the true north, or the magnetic merid ian and the date of the latter;
(c) show a scale of the plan at least 25 centimeters long and suitably subdivided;
(d) unless otherwise provided, be on a scale having a representative factor of
(i)200 : 1, in case of mica mines and other mines having small scale workings below ground;
(ii) 2,000 : 1, in case of mines having large open cast workings and also in case of surface plans of
large leasehold areas ; and
(iii) 1,000 : 1, in other cases.

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may
specify therein, permit or required the plans to be prepared on any other suitable scale; and

(e) be properly inked in or durable paper or on tracing cloth, and be kept in good condition.

(2) The conventions shown in the Second Schedule shall be used in preparing all plans and sections
required by the regulations.

(3) The plans and sections shall be accurate within such limits or error as the Chief Inspector may specify
by a general or special order.

(4) The plans and sections required under these regulations shall be maintained up-to- date within three
months except in case of open-cast workings in respect of which it shall suffice if the plans are
maintained up-to-date within 12 months :

Provided that where any mine or part is pro posed to be abandoned or the working thereof to be
discontinued or rendered inaccessible, the plan and section shall be brought up-to-date before such
abandonment or at the time of discontinuance; as the case may be, unless such abandonment or
discontinuance has been caused by circumstances beyond the control of the owner, agent or manager, in
which case the fact that the plan or section is not up-to-date shall be recorded on it.

(5)Plans and sections required to be maintained under the regulations shall be kept available for inspection
in the office at the mine, and shall not be removed therefrom except by or with the approval in writing of
the Regional Inspector, unless a true copy thereof has been kept therein.

61. Types of plans and sections – (1) The owner, agent or manager of every mine shall keep the following
plans and sections :

(a) A surface plan showing every surface feature within the boundaries, such as telephone, telegraph or
power transmission line, watermain, tram-line, railway, road, river, watercourse, reservoir, tank, bore -
hole, shaft and incline opening, opencast working, subsidence and building on the surface.
(b) An underground plan showing :

(i) the position of the workings of the mine belowground;

(ii) every bore-hole and shaft (with depth),drive cross cut, winze, rise, excavation (stopped ground)
and every tunnel and air passage connected therewith;
 (iii) every pillar or block of mineal left for the support of any structure on the surface; and
underground magazines, if any;
(iv) every important surface feature within the boundaries, such as railway, road, river, stream,
watercourse, tank, reservoir, opencast working and building which is within 200 metres of
any part of the workings measured on the horizontal plane;
(v) the general strike of the veins, lodes, reefs an mineral beds or deposits;
(vi) the position of every dyke, fault and other geological disturbance with the amount and direction
of its throw; and
(vii) an abstract of all statutory restrictions in respect of any specified workings with a referred to the
order imposing the same.

Whatever this plan is brought up-to-date the then position of the workings shall be shown by dotted line
drawn through the ends of the workings and such dotted line shall be marked with the date of the last
survey.

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, approve any other method of showing the up-to-date position of the working of the
mine.

(c) A transverse section or sections of the workings through the shaft or shafts and main adits indicating
clearly the surface and the dips of the vein, lode, reef or mineral bed or deposit at different points; and
such sections of the strata sunk or driven through in the mine or proved by boring, as may be available.
(d) A vertical mine section or sections showing a vertical projection of the mine workings, where a reef,
vein, lode or mineral bed or deposit has an average dip of more than 30 degrees from the horizontal;
(e) A ventilation plan, and section where necessary, showing the system of ventilation in the mine, and in
particular –

(i) the general direction of air-current;

(ii) every point where the quantity of air is measured;
(iii) every air-crossing, ventilation door, stopping and every other principle device for the regulation
and dis tribution of air;
(iv) every fire-stopping and its serial number;
(v) every room used for storing inflammable material;
(vi) the position of fire-fighting equipment;
(vii) every water-dam with dimensions and other particulars of construction;
(viii) every pumping, telephone and ambulance station; and
(ix) every haulage and travelling roadway.

(f) A water-danger plan and section showing :

(i) the position of the working belowground; an every borehole ans shaft (with depth), drive, crosscut,
winze, rise, excavation and air passage connected therewith;
(ii) the position of every dyke, fault and other geological disturbance with the amount and
direction of its throw;
(iii) levels taken in workings belowground at easily identifiable points sufficient in number to
allow of the construction of sections along all drives, mainheadings and haulage
roadways;
(iv) every source of water such as river, stream, water-course, reservoir, water-logged
opencast workings on the surface, and also the outline of all water-logged workings
belowground lying within 60 metres of any part of the workings measured in any
direction ;
(v) every reservoir, dam or other structure, either above or belowground, constructed to
withstand a pressure of water or to control in inrush of water, along with reference to its
design and other details of construction;
(vi) surface contour lines drawn at vertical intervals not exceeding five metres (or ten metres
in the case of a mine where there are no working belowground ; or in cases of mines
 situated in hilly terrain, such other larger interval as th Regional Inspector may permit by
an order in writing and subject to such conditions as he may specify) over the whole area
lying within 200 metres of any pat of the workings; and
(vii) the highest flood level of the area.

All levels taken above and belowground shall be referred to a plane in relation to a bench mark which
shall be established on the surface in the mine. Particulars of this bench mark, together with its height
above the Mean Sea Level, shall be shown on the plans and sections maintained under this clause.

(g) A geological plan of the area of leasehold, on a suitable scale specified or approved by the Chief
Inspector by a general or special order in writing.

(2) where different reefs, lodes, veins or mineral beds or deposits overlie or run parallel to one another, the
workings or each reef, lode, vein or mineral bed or deposit shall be shown on a separate plan and/or
longitudinal section or sections; so however that if two reefs, lodes, veins or mineral beds or deposits are so
situated in relation to each other than the parting between workings made therein is less than 10 metres at
any place, such workings shall also be shown on a combined plan and/or longitudinal section , as the case
may be in different colours.

(3)(a) (i) The plans kept under clauses (a) and (b) of sub-regulation (1) shall also show the settled boundary
of the mine, or where the boundary is in dispute, the boundaries claimed by the owner of the mine and by
the owners of the mines adjacent to the disputed boundary :

Provided that where it is not possible to show the complete boundary of leasehold on the same plan, an
additional key plan or any other suitable scale showing such boundaries and the outline of the workings
shall also be maintained.

(ii) The plans required to be kept under clause (b) of sub -regulation (1) shall also show the
workings both above and belowground of all adjacent mines as are situated within 60 metres, measured on
any plane, of the boundary claimed by the owners of the mines. The position of these workings also shall
be maintained up-to-date within three months, or 12 months if permitted under regulations 60(4)

(iii) The plans required to be kept under clause (b) of sub -regulation (1) shall
also, on every occasion that the workings are brought up-to-date in
compliance with the provisions of clause (ii) of this sub -regulation, be
signed by the surveyor and the manager of every adjoining mine having
workings within 60 meters of the common boundary (or where the
boundary is in dispute, within 60 metres of the boundary claimed by the
owner of the mine) signifying the correctness of the common boundary, or
the disputed boundaries as the case may be, and of the position of the
workings in relation to one another.
(b) The owner, agent an manager of every mine shall give all reasonable facilities
to the surveyors of its adjacent mine to carry out the surveys and levellings
required to be made under this sub-regulation.

(4)(a) The Regional Inspector may, by an order in writing, require such additional details
to be shown on the plans and sections required to be kept under these regulations, or the
preparation and maintenance of such other plans and sections showing such details and
on such scale and within such time as he may specify in the order.

(b) The Regional Inspector may, by an order in writing, require the owner, agent or manager to submit to
him within such time such plans and sections, or tracings thereof, as he may specify in the order.
(c) The owner, agent or manager shall, at any time if required by the Regional Inspector, show on any plan
or section the then position of the workings of the mine.

62. Copies of plans and sections to be submitted – The owner, agent or manager shall, on or before the 30
April of every year, submit to the Chief Inspector two up-to-date copies of the plans and sections
maintained under clauses (b) , (c) and (d) of regulation 61(1). The provisions of this regulation shall be
deemed to have been complied with if the owner, agent or manager gets the copies of plans and sections
submitted hereunder during the previous years brought up-to-date at his own expense.

63. Plans and sections to be submitted after abandonment or discontinuance – (1) Where any mine (or in
case of a mine to which regulation 142 applies, any part thereof) is abandoned or the working thereof has
been discontinued over a period exceeding four months, the person who was the owner of the mine at the
time of abandonment or discontinuance shall, within 30 days after the abandonment or within five months
after the discontinuance of the workings, as the case may be, submit to the Chief Inspector two true copies
of the up-to-date plan and section of the workings of the mine or seam or section maintained under clauses
(b), (c) and (d) of regulation 61(1). Every such copy shall show the bearing and distance of at least one of
the shafts or openings of the mine from a trijunction or revenue pillar or from any other prominent and
permanent surface feature, the position of all water-dams built belowground (with their dimensions and
other particulars of construction) and also the spot levels at the ends of the workings:

Provided that if a change of ownership occurs after the abandonment or discontinuance and before the
expiry of the 30 days or five months aforesaid, as the case may be, such plans and sections shall be
submitted forthwith.

(2) The original or a certified true copy of the plan and section submitted under sub-regulation (1) shall be
kept in the office at the mine.

(3) The Chief Inspector may, on such conditions as he thinks fit to impose, and on payment of the cost of
preparing copies as determine by him, supply copies of a plan or section submitted to him under sub-
regulation (1) or such parts thereof as he thinks fit -

(a) to any person having a bona fide interest in the mine, seam or section;
(b) to the owner, agent or manager of an adjacent mine.

64. Survey instruments and materials – The owner or agent shall provide accurate and reliable survey
instruments and materials for the proper carrying out of all survey and levelling work and for the
preparation of plans and sections required under these regulations; and no other instruments shall be used in
connection with any such survey or levelling work.

65. List of plans, sections and instruments and their storage – (1) All plans and sections, and tracings or
copies thereof, kept at the mine shall be serially numbered or suitably indexed.

(2) Suitable arrangements shall be made at every mine for the proper storage and maintenance of every plan
and section of all instruments and materials. Such arrangements shall, unless otherwise permitted by the
Chief Inspector by an order in writing an subject to such conditions as he may specify, provide for flat
storage of every plan and section maintained under clauses (b), (c) and (d) of regulation 61(1).

(3) Every field book and other notes used in the preparation of plans and sections required under these
regulations shall be duly indexed and kept in the office at the mine.

(4) A list of all plans and sections maintained under these regulations, or any orders made thereunder, and
tracings or copies thereof; of all survey instruments provided under regulation 64 with their respective
types specifications and identification numbers; and of all field books and other notes kept under sub-
regulation (3) shall be kept in a bound paged book kept for the purpose, and shall be brought up-to-date
whenever necessary. Every entry in the book shall be signed and dated by the surveyor, and countersigned
and dated by the manager.

66. Preparation of Plans by Surveyors – (1) Every plan and section, and tracing thereof, prepared under
these regulations shall be prepared by or under the personal supervision of a surveyor appointed under
regulation 38.

(2) Every plan or section, or any part thereof, prepared by or under the supervision of a surveyor shall carry
thereon a certificate by him to the effect that the plan or section or part thereof is correct; and shall be
signed and dated by the surveyor and countersigned and dated by the manager on every occasion that the
plan or section is brought up -to-date.

(3) Every tracing of a plan or section or of any part thereof shall bear a reference to the original plan or
section from which it was copies and shall be certified thereon by the surveyor to be a true copy of the
original plan or section. The certificate shall be signed and dated by him.

(4) If the surveyor fails or omits to show any part of the workings or allow the plans or sections to be
inaccurate, he shall be guilty of a breach of these regulations. Nothing in this sub-regulation shall, however,
exempt the owner, agent or manager of their responsibility to ensure that every plan or section prepared,
kept or submitted under these regulations or by any order made thereunder is correct and maintained up-to-
date as required thereunder.

67. Plans to be checked on change of ownership or on re-opening. – (1) When there is a change in
ownership of a mine, or where a mine or part thereof is reopened, or where in any mine or part thereof it is
intended to start any extraction or reduction of pillars or blocks of minerals , the owner, agent and manager
shall ensure that the plans and sections of the mine or part are accurate. If any doubt arises as to the
accuracy of the plans and sections in any respect, he shall have accurate plans and sections prepared afresh
before any drivage or other work of development or of extraction or reduction of pillars is commended.

(2) If the Regional Inspector is of the opinion that any plan or section prepared, kept or submitted under the
regulation is inaccurate, he may, by an order in writing, require a fresh survey made and a new plan or
section prepared within such time as he may specify therein.

(3) If the plan or section required to be prepared under sub-regulation (2) is not prepared within the time
specified in the order, or to the satisfaction of the Regional Inspector, or the plan or section is not prepared
or brought upto-date as required under these regulations, he may get the plan or section prepared by any
other agency; and the cost thereof, as certified by the Chief Inspector, shall be defrayed by the owner of the
mine and recoverable from him as an arrear of land revenue.

CHAPTER-VII : Means of Access and Egress

66. Outlets from a mine – (1) No person shall be employed, or be permitted to enter or remain for purposes
of employment, in any working belowground, unless the working is provided with at least two shafts or
other outlets to the surface –

(a) with which every lode, reef, vein or mineral bed or deposit or section thereof, for the time being at
work has a communication so as to afford separate means of ingress and egress to the persons
employed therein;
(b) which do not have their surface openings in the same building; and
(c) which are under the sole control of the ma nager :

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may
specify therein, permit the employment belowground of persons even in a case where the two shafts or
outlets are not under the control of the same manager.
(2) Suitable arrangements shall be made for persons to descend and ascend by each of such shafts or
outlets. Where the shaft is vertical and more than 60 metres in depth, such arrangements shall be by means
of a proper winding engine.. Every such winding engine shall be to installed and maintained as to be
constantly available for use. In any doubt arises to whether any such arrangement is suitable or not, it shall
be referred to the Chief Inspector for decision :

Provided that, if required by the Regional Inspector by an order in writing a proper winding engine
shall be provided in a shaft more than 60 metres in depth even if it is not vertical.

(3) Such shafts, inclines or outlets shall not be less than 15 metres distant from one another at any point,
and each shall be connected with the other by means of a walkable passage, not less than 1.8 metres
high 1.5 metres wide, through the workings belowground that are being served by such shafts or
outlets :

Provided that outlets made before the coming into force of these regulations may be closer than 15
metres but not less than 6 metres apart.

(4) Whenever the connection between two outlets which are required to be maintained under sub-regulation
(1) has been obstructed or found dangerous, only such persons as are necessary to clear the obstruction or
to repair the dangerous part of the connection or to make a new second outlet, as the case may be, shall be
employed belowground until such time as the connection has been re-established or a new second outlet
has been provided.

(5) The foregoing provisions of this regulation with respect to shafts and outlets shall not apply -

(a) to a shaft which is being sunk or to an incline or outlet which is being made;
(b) to any working for the purpose of making a connection between two or more shafts or outlets; and
(c) to any working for the sole purpose of searching for or proving minerals;

so long as not more than 20 persons are employed belowground at any one time in the whole of the
different seams in connection with a single shaft or outlet:

Provided that if the single outlet is an un-walkable shaft (other than a shaft in the course of being sunk) and
exceeds 30 metres in depth, it shall be provided both with ladders and with other means of raising an
lowering persons :

Provided further that nothing in this sub-regulation shall be deemed to authorise the driving of roadways
for the development purposes before a second outlet has been made in accordance with the said provisions.

(6) The Chief Inspector may, by an order in writing and subject to such conditions as he may specify,
exempt from the operation of this regulation any mine in the case of which special difficulties exist
which in his opinion make compliance with the provisions thereof not reasonably practicable.

69. Working shafts and winzes – (1) Every shaft in use or in course of being sunk and every other outlet
shall be made and kept secure.

(2) Every shaft (and every winze or raise intended to be used for purposes of winding or haulage) in the
course of being sank shall be provided with a permanent lining of metal, concrete or masonry, which shall
at no time be more than six metres from the bottom of the shaft or winze:

Provided that where iron or steel rings with a substantial lagging are used below the permanent lagging and
are kept close to the bottom of the shaft, this distance may be increased to not more than 20 metres:

If any doubt arises as to whether the strata are stable or not, it shall b referred to the Chief Inspector for
decision.
(3) Every shaft or winze regularly used for lowering and raising persons or materials, in which water seeps
out of the strata, shall be provided with water garlands or other means of collecting and conducting away
seepage water.

(4) The top, all insets and bottom of every working shaft and the sump thereof shall be kept clear and free
from loose materials, tools and debris.

70. Fencings and gates at outlets – (1) Every entrance to a mine from the surface, and the top and all
entrances between the top and bottom, including the sump, if any, of every working, ventilating or pumping
shaft, shall be kept securely fenced.

(2) Every walkable entrance from the surface to the workings belowground shall be provided with a
substantial gate which shall be kept closed and locked when there are no persons belowground:

Provided that where such entrance is not used as a means of ingress or egress in or out of the mine, it shall
be permanently closed so as effectively to prevent persons from entering therein.

71. Outlets from mine parts – Every part of a mine shall, where practicable, be provided with at least two
ways affording means of egress to the surface. If any doubt arises as to whether the provision of two such
ways is practicable or not, it shall be referred to the Chief Inspector for decision.

72. Periodic examination of outlets – (1) Every shaft, incline and other outlets provided as required by
regulation 68 shall be examined, once at least in every seven days, by a mine foreman or other competent
person. A report of every such examination shall immediately thereafter be recorded in a bound paged book
kept for the purpose and shall be signed and dated by the person making the examination.

(2) If at the time of such examination or at any other time, the shaft or other outlet is found to be not safe, it
shall not be used for any purpose, except as a natural airway, until it has been made safe in all respects.
Report of every such action taken shall be recorded in the book kept under sub-regulation (1).

CHAPTER-VIII : Ladders and Ladderways

73. Provision of ladderways. – (1) Every shaft or winze, including shaft or winze in the course of being
sunk, which has an inclination exceeding 25 degrees from the horizontal, shall be provided with a
ladderway from the top to the bottom :

Provided that in the case of a shaft or winze in the course of being sunk, the ladderway may be
provided within such distance, not exceeding 20 metres, from the bottom as to secure it from danger during
blasting operations and a chain or rope ladder shall be provided from this point to the bottom of the shaft or
winze :

Provided further that where the Chief Inspector is of the opinion that compliance with the
provisions of this sub-regulation is not reasonably practicable, he may, by an order in writing and subject to
such conditions as he may specify therein, grant an exemption therefrom.

(2) Every working place shall be provided with platforms or other means of keeping a foothold, and where
necessary, with ladders from climbing.

74. Ladders. (1) Every ladder used in a mine shall –

(a) be of strong construction;
(b) subject to the provision of sub-regulation (2), be securely fixed in the shaft, winze or stope at
an inclination of not more than 80 degrees from the horizontal;
(c) be made continuous or without perceptible overlapping or break except at a platform or sollar;
 (d) project at least one metre above the mouth of the shaft, winze rise of stope and above every
platform, except where strong holdfasts or hand-rails are provided;
(e) have rungs equally spaced and at a sufficient distance from the wall or from any timber to
ensure proper foothold; and
(f) be maintained in good repair.

(2) Except in respect of the lowest 10 metres or a sinking shaft or winze, no ladder shall be placed at an
inclination of more than 80 degrees from the horizontal.

Provided that the Regional Inspector may, by an order in writing and subject to such conditions as
he may specify therein, permit a ladder to be fixed at a steeper inclination.

75. Provision of sollars etc. – (1) If a ladderway provided under regulation 73(1) exceeds 20 metres in
depth and has an inclination of more than 30 degrees with the horizontal, platforms or sollars shall be
provided at intervals of not ore than 15 metres along the underlie or slope of the shaft or winze. Where the
inclination is more than 60 degrees from the horizontal, the platforms or sollars shall be provided at
intervals of not more than 10 metres.

(2) If a manhole is provided at any platform in any shaft or winze, it shall be placed behind the ladder
leading up from the platform.

(3) Every opening in a platform provided for the handing of timber or other materials shall be effectively
closed off from the rest of the platform.

76. Guarding of ladderways. – (1) Every ladderway in a shaft or winze used for winding or other purposes
shall be in a separate compartment or shall be adequately guarded from other compartments.

(2) Every ladderway below any place or travelling roadway where persons are stationed or pas, shall be
provided with a suitable cover of substantial fence or guard.

77. Carrying of materials on ladderways. – No person shall carry or be permitted to carry a drill, tool,
explosives or any loose material on a ladderway in a shaft or winze having an inclination of more than 45
degrees from the horizontal except so far as may be necessary for carrying out repairs :

Provided that nothing in this regulation shall prevent a person from carrying a drill, tool or
explosives in suitable sling or container secured tot his person.

CHAPTER-IX : Transport of Men and Materials – Winding in shafts

78. Appointment of winding enginemen and their duties – (1) No person shall be
appointed as a winding engineman unless he holds –

(a) in the case of an electric winding engine of 75 h.p. or more or of a steam or compressed air winding
engine which has cylinders exceeding 30 centimetres of diameter, a I Class Engine Driver’s Certificate
and
(b) in any other case a II Class Engine Driver’s Certificate:

Provided that this clause shall not apply to the driver of an Electrical Winding Engine upto 30 h.p. or of a
steam or compressed air winding engine which has cylinders not exceeding 18 centimetres in diameter and
which is not used for raising or lowering persons.

(2) Where special difficulties exist which made compliance with the provisions of sub-regulation (1) not
reasonably practicable, the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, relax and said provisions.
(3) No person, other than a winding engineman appointed under sub-regulation (1) or a duly appointed
assistant working under his direct personal supervision shall operate any winding engine:

Provided that in an emergency any other competent person may be permitted to operate the engine.

(4) The name of the winding engineman on duty, together with the period of his shift shall be posted in the
winding engine room. Where the Regional Inspector is of the opinion that the duties of any winding
engineman are unduly arduous, he may by an order in writing require the period of his shift to be reduced
to such period, not less than five hours, as he may specify.

79. New winding installations – (1) When it is intended to bring into use any new winding installation for
lowering and raising persons, the owner, agent or manager shall, not less than 30 days before such use, give
notice of such intention to the Chief Inspector and the Regional Inspector. The notice shall contain detailed
specifications of the installation.

(2) If the Chief Inspector, by an order in writing to requires, such additions or alterations shall be made to
the installation, as he may specify in the order.

80. Construction and installation of winding equipment – (1) Every part of a winding installation,
including headgear shall be of sound construction and adequate strength, and shall be maintained in safe
working order. In case of any doubt as to the foregoing, it shall be referred to the Chief Inspector for
decision.

(2) The engine shall be firmly connected to a rigid foundation and shall be so designed, constructed and
maintained that with the power provided, the raising and lowering of persons or materials can be carried
out with ease, regularity and safety.

(3) Unless otherwise permitted in writing by the Chief Inspector and subject to such conditions as he may
specify therein, every engine for winding shall be so situated in relation to the headgear that the winding
rope shall not, in the extreme position, subtend in either direction an angle more than one and a half degrees
with the plane of the sheave or pulley used in connection with the rope.

(4)(a) The diameter of the drums or sheaves of the winding engine, and of the pulleys and sheaves used in
connection with the winding shall, unless otherwise permitted in writing by the Chief Inspector and subject
to such conditions as he may specify therein, be not less than 80 times the diameter of the rope in the case
of winding installations installed before the coming into force of there regulations and not less than 100
times the diameter of the rope in other cases:

Provided that the Chief Inspector may, by an order in writing, require that in the case of any specified
winding installation installed before the date aforesaid, the diameter of the said drums, pulley or sheaves
shall not be less than such size, upto 100 times the diameter of the rope, as he may specify in the order.

(b) The grooves of such sheaves or pulleys shall be suited to the diameter of such rope.
(c) Every pulley or sheaves used in connection with winding shall, while in motion, rotate in a vertical
plane, and shall be maintained in such a condition that slipping is reduced to a minimum.

81. Spare rope to be kept in store. – At every mine where a shaft or winze is used for lowering or raising
persons, at least one spare winding rope, suitable for use in such shaft or winze shall be kept in reserve.

82. Fittings of winding engines – At every shaft, including a shaft in the course of being sunk, where
winding is effected by means of an engine, the following provisions regarding winding engines shall have
effect, namely:

(1) There shall be on the drum such flanges, and also if the drum is conical or spiral such other appliances,
as will be sufficient to prevent the rope from slipping or coiling unevenly. Exc ept in the ‘Koepe’ system of
winding, the end of the rope shall be securely fixed in such a manner that the rope is not unduly strained.
There shall be at least two turns of the rope on the drum when the cage or other means of conveyance is at
its lowest working point in the shaft or winze.

(2)(a) There shall be provided one or more brakes on the drum which :

(i) if there are two cages or other means of conveyance, will hold such cages or other means of
conveyance when the maximum torque is applied in either direction; or
(ii) if there is only one cage or other means of conveyance, will hold the loaded cage or other means
of conveyance in midshaft when the maximum torque is applied downwards.

(b) At least one of the brakes shall be so designed that the brake remains at the ‘on’ position except when
operated.

(c) Where the brake or brakes are power-operated, at least one of them shall be arranged to be applied
automatically at all times if the power supply fails. In no case shall a brake be operated by an auxiliary
electric current.

(d) The brake on the drum shall be used only for the purpose of keeping such drum stationary and not for
lowering the cage or other means of conveyance, except in cases where the engine is to be worked at a
very low speed as when examining the winding rope or the shaft or winze.

(3) Where the winding engine is worked by steam or compressed air, a screw stop-valve shall not be used
as controlling valve of the engine.

(4) Every engine shall be equipped with a reliable depth-indicator (in addition to any mark on the rope)
showing to the winding engineman the position of the cage or other means of conveyance in the shaft, and
an automatic device that will ring a bell in the engine room when the ascending cage or other means of
conveyance is at a distance of not less than two revolutions of the drum from the top of the shaft or winze.
The depth-indicator shall be tested after every adjustment or replacement of the winding rope.

83. Shaft fittings – At every winding shaft, other than a shaft in the course of being sunk – to which the
provisions of regulation 87 shall apply – the following provisions shall have effect, namely:

(1)(a) Efficient means shall be provided and maintained for interchanging separate, distinct and definite
signals between the top of the shaft or winze and –

(i) the bottom or other permanent landing of the shaft; and

(ii) every inset for the time being in use.

There shall also be provided and maintained efficient means for transmitting such signals from the top of
the shaft to the winding engineman. All signals shall be transmitted by mechanical or electrical means.

(b) In signalling, the following code of signals shall be used and strictly observed :

ONE RAP : STOP

TWO RAPS : LOWER
THREE RAPS : RAISE
FOUR RAPS : MEN ready to ascend or descend
FOUR RAPS : IN REPLY – men may enter the cage or other means of conveyance.

Anyother signals shall be addition to, and shall not interfere with, the foregoing.

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit the use of any code of signalling other than that specified above.
(c) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently
at the top of the shaft and at every such inset and landing and also in the winding engine room.

(d) No person other than the banksman, bellman or signalman shall give any signal unless he is an official
of the mine or is authorised in writing by the manager to give signals.

(2)(a) Where the shaft or winze is vertical and exceeds 45 metres in depth, it shall be provided with
sufficient number of guides to ensure smooth and safe travel of the cage or other means of conveyance.

(b) Where rope guides are used, the cheese-weights or bottom clams shall be kept so exposed as to permit
regular examination.

(3) Above the topmost landing, ‘dogs’ or other devices for holding the cage or other means of conveyance
in the event of an overwind shall be provided, or the guides, runners or receivers shall be sprung.

(4) Where the shaft or winze is vertical, protective roofing or pent-house sufficient to prevent danger from
anything falling in the shaft or winze, shall be provided and maintained at the bottom of the shaft or winze
and at all landings where persons ascend or descend. The gap, both vertical and horizontal, between the
protective roofing and the top of cage, when the cage is at the bottom of the shaft, shall not exceed 15
centimeters.

84. Manwinding – At every shaft or winze, other than a shaft in the course of being sunk, where a winding
engine is used for the purpose of lowring or raising persons, the following provisions shall have effect,
namely : -

(1) In respect of every part of the winding installation, including pulleys or sheaves, cages, chains,
distribution plates and detaching hooks, the following particulars shall be recorded in a bound paged
book kept for the purpose -

(a) Name of the manufacturer and the year of manufacture;

(b) Specifications and dimensions;
(c) Reference to every certificate supplied with the part; and
(d) Any other detail that may be necessary or required by the Regional Inspector;

All entries in the book shall be made and signed by the engineer or other competent person, and shall be
countersigned and dated by the manager.

(2) Whenever any part or article is replaced or any repaired part or article used in any winding installation,
the fact of such replacement or repair shall be recorded in the book kept under sub-regulation (1).

(3) Where drum-clutches are provided, the following provisions shall have effect, namely –

(a) The operating gear of the clutch of the drum shall be provided with locking gear to prevent inadvertent
withdrawal of the clutch.

(b) Every engine used for the lowering or raising of persons shall have a suitable interlocking device so
fitted that it is not possible –

(i) to unclutch any drum unless the brakes of such drum are applied; or
(ii) to release the brakes until the drum clutch is fully engaged and securely locked.

(c) Unless the cage or other means of conveyance a ttached to the drum is resting at the bottom of the shaft,
the drum shall not be unclutched unless the winding engineman has assured himself immediately
beforehand that the brake is fully applied.
(4) If the shaft or winze is vertical, except in the ‘Koepe’ system or winding, there shall be provided
between the rope and the cage or other means of conveyance a detaching hook. The space between
such detaching hook, measured from the centre of the hole for attaching it to the rope shackle, and the
detaching-bell or plate when the cage or other means of conveyance is at its normal position at the top
of the shaft or winze, shall be not less than 3.6 metres where a geared engine is used, and not less than
7.5 metres where a direct acting engine is used.

(5) If the shaft or winze exceeds 300 metres in depth, there shall be a clear over-run space of not less than
7.5 metres below the lowest landing place. The sump below the lowest landing place shall be kept free
from water or other liquid matter to such an extent that in case of an overwind, the persons riding in the
case or other means of conveyance will not be submerged.

(6) In the case of every shaft or winze exceeding 100 metres in depth, unless exempted by the Chief
Inspector by an order in writing and subject to such conditions as he may specify therein, the engine shall
be fitted with an automatically recording speed indicator.

(7)(a) In case of every shaft or winze exceeding 100 metres in depth, there shall be provded an effective
automatic contrivance to prevent overspeeding and overwinding, hereinafter called the ‘Automatic
Contrivance”. The Automatic Contrivance shall prevent the descending cage from being landing at the pit
bottom or other permanent landing at a speed exceeding 1.5 metres per second and shall also control the
movement of the ascending cage in such a manner as to prevent danger to persons riding therein. The
Regional Inspector may, by an order in writing, specify the maximum speed of winding in any shaft.

Provided that in case of any shaft or winze the Chief Inspector may, by an order in writing and
subject to such conditions as he may specify therein, grant exemption from the provisions of this sub-
regulation.

(b) Tests of every Automatic Contrivance and every brake shall be made by the engineer or other
competent persons appointed for the purpose, in the following manner -

(i) once at least in every seven days, by raising each cage or other means of conveyance, in turn, to
pass the last control point above the topmost landing; and
(ii) once at least in every three months, by attempting to land the descending cage at excessive speed.
For the purpose of this test, the setting of the Automatic Contrivance may be altered so that pre-
determined point in the shaft or winze is regarded as the landing.

The results of every such tests shall be recorded in a bound paged book kept for the purpose, and shall be
signed and dated by the person making the test.

Provided that where special conditions exist, the Chief Inspector, may , by an order in writing an
subject to such conditions as he may specify therein, permit the tests aforesaid to be carried out in such
other manner as he may specify in the order.

(c) Unless the Automatic Contrivance is in full and fixed engagement with the winding engine, it shall be
fully engaged, either automatically or by the winding engineman, wherever necessary to be lowered or
raised; and a proper automatic indicator to show that this has been done shall be provided in such a position
as to be easily seen by the banksman. No person shall be allowed to enter any cage or other means of
conveyance until the indicator shows that the Automatic contrivance has been fully engaged.

(8) Except where an Automatic Contrivance is provided to prevent overwinding, a point shall be fixed and
marked on the indicator of the engine in such a way as to show when the cage or other means of
conveyance is at a distance of not less than twice the circumference of the drum from the completion of the
wind; and if such cage or other means of conveyance contains persons, the winding engineman shall not, as
soon as it has reached the point aforesaid, raise it for the remaining distance at a speed exceeding 1.2
metres per second.
(9) Where the only means of egress in a mine is by apparatus worked by steam or electricity, precautions
shall be taken to ensure that the two winding engines do not fail simultaneously, and in particular, in the
case of electric winding engines, the engines shall be capable of being connected to two separate power
supplies. Unless the Chief Inspector by an order in writing otherwise directs, the provisions of this sub-
regulation shall be deemed to be satisfied if an emergency winding gear is maintained.

(10)(a) Except in the ‘koepe’ system of winding, at the top of every shaft or winze where cages are used,
suitable keps shall be provided and so arranged as to fall into the ‘on’ position when the operating lever is
released.

(b)At every inset where keps or folding platforms are provided, arrangements shall be made to lock the
keps or platforms securely in the ‘off’ position; and when in the ‘off’ ‘ position, such keps or platforms
shall leavel the shaft or winze clear for the passage of the cage. In every such case, a proper automatic
indicator to show the position of the keps or platforms, as the case may be, shall be provided in such a
position as to be easily seen by the banksman.

(11)(a) Unless otherwise permitted by the Chief Inspector by an order in writing and subject to such
conditions as he may specify therein every cage of other means of conveyance in which persons ride in a
vertical or steeply inclined shaft or winze shall be –

(i) covered completely at the top;

(ii) closed in at the two sides in a manner sufficient to prevent persons or things from projecting
beyond the sides ;
(iii) provided with a rigid hand-bar fixed in a position where it can be easily reached by all persons in
the cage or other means of conveyance; and
(iv) provided with suitable gates or other rigid fences such that the gap between the floor of cage or
other means of conveyance and the lowest part of the gate of fence does not exceed 15 centimetres
and that between any two members of the gate or fence does not exceed 25 centimetres. Gates or
fences shall not open outwards; and they shall be so fitted and maintained that they cannot be
accidentally opened.

Provided that so much of this sub-regulation as requires a covering at the top shall not apply in a
shaft or winze which is less than 30 metres in depth.

(b) The floor of every cage or other means of conveyance shall be strongly constructed and so maintained
to prevent any part of the body of a person riding in the cage or other means of conveyance from projecting
beyond the floor.

(12) Not more than such number of persons as may be authorised by the manager shall be a llowed to ride in
the same cage or same deck of a cage or other means of conveyance at one time; and a notice
specifying the number shall be posted at the top of every shaft or winze and at every inset and landing
:

Provided that where the Regional Inspector is of the opinion that the number so authorised is high, he
may, by an order in writing, required the manager to fix a lower maximum number of persons as may
be specified by him.

(13)(a) Unless permitted by the Chief Inspector by an order in writing and subject to such conditions as he
may specify therein, the total load when the authorised number of persons ride at any one time in any cage
or other means of conveyance shall not exceed 60 per cent of the maximum load when materials are would.

(b) No person shall, when ascending or descending a shaft, take with him any bulky material other than
tools and instruments, except when engaged in repairing the shaft or with the written authority of the
manager.
85. Multi-decks – Where a cage has two or more decks which are used simultaneously, each floor at a
landing shall be connected by an effective signalling device with the main floor of the landing; and only the
banksman or the bellman or the signalman or an official, as the case may be, at such main floor shall give
action signal, and only after he has satisfied himself that all cage gates are closed.

78 Winding of material – (1) Every cage used for the raising or lowering of tubs shall be provided of tubs
shall be provided with catches or other effective contrivances to prevent the tubs failing out. The cage shall
not be set in motion unless the catches or other effective contrivances are in position.

(2)(a) The floor of every cage shall be kept clean; and no skip, bucket or tub shall be filled up to such
height that any of the contents can fall out.

(b) Before long timber, pipes, rails, or other material projecting over the top of the cage or other means of
conveyance are lowered or raised, the projecting ends shall be securely fastened to the rope, chain or bow.

87. Winding in sinking shafts – At every shaft or winze in the course of being sunk, where a winding
engine is use the following provisions shall have effect, namely :

(1) If the shaft or winze is vertical and exceeds 45 metres in depth, there shall be provided for each bucket
or other means of conveyance a detaching-hook. Between the centre of the hole for attaching the detaching-
hook to the rope shackle and the detaching bell or plate, when the bucket or other means of conveyance is
at the tope landing, there shall be a clear over-run space of not less than 3.6 metres.

(2) Where the shaft or winze is vertical and exceeds 150 metres in depth –

(a) the bucket or other means of conveyance, when used for lowering or raising persons, shall be provided
with sufficient cover overhead for protection from things falling down the shaft; and
(b) these shall be provided for each bucket or other means of conveyance a sufficient number of guides
which shall be kept extended to within 22.5 metres of the shaft bottom at all times when sinking is in
progress:

Provided that the Regional Inspector may, by an order in writing, require the provision of guides in a shaft
or winze which is less than 150 metres in depth or is not vertical.

(3)(a) There shall be provided and maintained two separate means of interchanging distinct and definite
signals between the bottom and the top of the shaft or winze. Efficient means shall also be provided and
maintained for transmitting such signals from the top of the shaft or winze to the winding engineman. The
signalling appliances shall be examined by a competent person once at least in every 24 hours. The result of
every such examination shall be recorded in a bound paged book kept for the purpose and shall be signed
and dated by the person making the examination.

1 [ (b) In signalling, the following code of signals shall be used and observed

ONE RAP .. STOP

TWO RAPS .. LOWER
THREE RAPS .. TAKE UP SLACK or RAISE
FOUR RAPS .. TAKE UP SLACK or RAISE when men are riding.

Any other signals shall be in addition to, and shall not interfere with, the foregoing.

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit the use of any code of signalling other than that specified above.

(c) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at
the top of the shaft or winze and also in the winding engine room.
(d) Except while riding in a bucket or other means of conveyance, no person other than the chargeman or a
person authorised in writing by the manager, shall give any signal.

(4) Every bucket or other means of conveyance in which persons or materials are conveyed, shall be of
strong construction and so maintained as to prevent persons or materials from falling.

(5)(a) At the top of the shaft or at the landing where the bucket or other means of conveyance is normally
landed, suitable doors or covering shall be provided. Except as may be required for the passage of the
bucket or other means of conveyance, the doors or covering shall always be kept closed.

(b)Where the shaft or winze has an indication of 35 degrees or more from the horizontal and exceeds 45
metres in depth measured along its plane, persons working at the bottom shall also be protected by a
suitable protective covering extending over the whole area of the shaft or winze, sufficient space being left
therein only for the passage of the bucket or other means of conveyance; and the cover or scaffold shall be
kept lowered –

(i)if the shaft or winze is vertical to not more than 22.5 metres from the bottom; and
(ii) in any other case, not more than 30 metres from the bottom :

Provided that where special circumstances exist, the Chief Inspector may, by an order in writing
an subject to such conditions as he may specify therein, grant an exemption from the provisions of this
clause.

(6) Not more than such number of persons as may be authorised by the manager shall be allowed to ride in
the bucket or other means conveyance at one time; and a notice specifying such number shall be posted
prominently at the top of the shaft or winze.

(7) When tools, implements or other materials are lowered or raised, the banksman or chargeman, as the
case may b e, shall see that -

(a) the bucket is properly loaded;

(b) materials are not loaded above the rim;
(c) long timber, pipes, rails, tools or other material with ends projecting over the rim are securely fastened
to the rope, chains or bow; and
(d) the bucket, before being sent away, is steadied, and the bottom and sides thereof are free from adhering
material.

(8) Where guides are provided, the bucket or other means of conveyance shall be raised slowly from the
bottom of the shaft or winze, until the rider is picket up.

(9) While persons are at work on any scaffold or platform in the shaft or winze, the following precautions
shall be strictly observed :

(a) The scaffold or platform shall be secured to the sides of the shaft in order to prevent it from swinging;
(b) The opening for the passage of the bucket or other means of conveyance, shall be so protected as
effectively to prevent anything falling through it;
(c) The scaffold or platform shall not be lowered or raised except under the order of the chargeman or
other competent person.

88. Winding ropes, etc. – At every shaft where a rope is used for winding purposes, the following
provisions shall have effect, namely :

(1)(a) No rope, bar, link, chain or other attachment to a cage or other means of conveyance shall be used
unless it is of good quality and manufacture, is free from any visible defect and is of adequate calculated
strength :
Provided that the Chief Inspector may, by an order in writing prohibit the use of any rope or type of rope or
bar, link, chain or other attachment where, in his opinion such use is unsafe.

(b)A single- linked chain shall not be used, except for the short coupling chain attached to
a cage or other means of conveyance. Such singlelinked chain shall be attached to the
safety hook through a distribution plate or other approved appliance.

(c)Where safety-chains are used, their length shall be such tat if the kingbolt breaks, the shock to the cage
or other means of conveyance is as slight as possible.

(d) The attachment between the rope and the cage or other means of conveyance shall be of such type and
be maintained in such manner as to obviate accidental disconnection.

(e) In case of a doubt, as to the fitness of any rope, bar, link, chain or other attachment used or intended for
use, it shall be referred to the Chief Inspector for decision.

(2)(a) Except, in a sinking shaft less than 30 metres in depth, every winding rope shall be made of cold
drawn steel wire, and the gauge of the wires used in the construction of such rope shall be suited to the
diameter of the drums, pulleys and sheaves of the winding installation.

(b) In any shaft, including a shaft in course of being sunk, where persons are lowered or raised and where
guides are not provided, no rope other than a rope of non-spinning type shall be used.

(c) No rope which has been spliced shall be used for winding purposes.

(d) No winding rope shall be used or continued in use, if its safety factor (i.e. the ratio between breaking
load on the rope at any point and the maximum static load on it when the cage or other means of
conveyance is at the lowest working point) is or becomes –

(i)less than 10 in the case of a shaft not exceeding 300 metres in depth;
(ii) less than 9 in the case of a shaft exceeding 300 metres but not exceeding 500 metres in depth;
(iii) less than 8 in the case of a shaft exceeding 500 metres but not exceeding 700 metres in depth;
(iv) less than 7 in the case of a shaft exceeding 700 metres but not exceeding 1000 metres in depth;
(v) less than 6 in the case of a shaft e xceeding 1000 metres but not exceeding 1500 metres in depth;

(3)(a) For every rope in use or intended for use, a certificate showing its breaking load, quality,
construction and diameter (obtained from the manufacturer or supplier) and a history of it use, including a
record of diameters of the drums, sheaves and pulleys used in conjunction with the rope, shall be kept in a
bound paged book kept for the purpose. All entries therein shall be made and signed by the engineer or
other competent person, and shall be countersigned and dated by the manager.

(b) If in the case of a new rope a test certificate as to the amount of its breaking load is not available, it shall
not be used unless a portion thereof, not less than three metres in length, has been cut off and tested in a
laboratory, institution or test house approved by the Central Government for the purpose.

(4) No winding rope which has been in use for more than three and half year shall be used for winding
purposes :

Provided that where the Regional Inspector is satisfied that due to sparing use any such rope is in good
condition even after the expiry of the said period, he may, by an order writing and subject to such
conditions as he may specify therein, allow the use of such rope for a longer period. Every application for
permission to use a rope after the period of three and a half years aforesaid shall be accompanied by a copy
of the entries, in respect of the rope, in the book kept for the purpose under sub-regulation (3), and also by a
certificate as to the strength of the rope, obtained in the manner laid down in clause (b) of the sub-
regulation. The certificate aforesaid shall relate to a piece of the rope cut off not more than three months
prior to the date of the application:

Provided further that where the Regional Inspector is of the opinion that any rope has become unsafe for
use in a shaft before the expiry of the period of three and a half years aforesaid, he may, by an order in
writing, prohibit the use of such rope for winding purposes. An appeal any such order may be preferred to
the Chief Inspector.

(5)(a) No mode or type of capping shall be used, which fails to withstand a load of at least 10 times the
maximum static load thereon.

(b) The cappel of a round rope shall not be attached to the rope by rivets passing through the rope.

(c) In those forms of capping, in which the wires at the end of the rope are bent back on the rope itself to
form a cone, wedges formed by the lapping of soft iron wire shall be placed between the rope and that
portion which is bent back. The length of the tapered portion of the socket shall be not less than 12 times
the diameter of the rope.

(d) Where white metal is used in the capping of ropes, the tapered portion of the socket shall not be less
than eight times the diameter of the rope.

(e) If white metal is used in the capping of ropes -

(i) its melting point shall not exceed 300 degrees centigrade, and its temperature when poured into the
socket shall not exceed 363 degree centigrade;
(ii) in the length of rope which is to lie within the tapered part of the socket, the fibre core, if any,
shall be cut and the wires shall be untwisted and thoroughly cleaned; and
(iii) the socket shall be heated to a temperature of about 100 degrees centigrade before the white metal
is poured into it.

(6) Except in the ’Koepe’ system of winding, every rope shall be recapped once at least in every six
months, or if necessary, at shorter intervals and also after every overwind. Before every such recapping, a
length, including the capping, of at least two metres shall be cut off the rope. Each piece of rope so cut-off
shall be opened and its internal condition examined. The operation shall be carried out under the
supervision of the engineer or other competent person, who shall record the date and other particulars
thereof (including the length of the rope remaining after recapping) in a bound paged book kept for the
purpose and shall sign and date the same.

89. Suspension gear – (1) All parts of suspension gear in regular use shall unless otherwise permitted by the
Chief Inspector, be renewed after a period of service of not more than ten years, and at shorter intervals, if
necessary.

(2)(a) All cage chains in general use and all other parts of suspension gear between the rope and the cage or
other means of conveyance, including the detaching-hook, shall be taken apart, cleaned and carefully
examined as to wear and tear (where necessary by gouging) and for rust and cracks, once at least in every
six months, or if necessary, as shorter intervals. The various parts shall be annealed or given other proper
heat treatment before being refitted. :

Provided that in the case of such chains or gear manufactured from a steel which is not liable to
deterioration necessitating annealing or heat treatment, the Chief Inspector may by an order in writing and
subject to such conditions as he may specify therein, grant exemption from the carrying out of this
operation;

b) Every detaching bell or plate used in connection a safety-hook shall be examined, and the opening
therein checked by calipers or gauges, once at least in every 30 days.
(c) The operations and examination required under this sub -regulation shall be carried out
by or under the supervision of the engineer or other competent person, who shall record
the date and other particulars thereof in a bound paged boo kept for the purpose, and shall
sign and date the same.

90. Precautions after recapping, etc - After every installation or recapping of a rope and
after every renewal or refitting of any suspension gear, the engineer or other competent
person shall, after the cages or other means of conveyance fully loaded with materials
have made five trips up and down the working portion of the shaft, examine the cappel
and other parts of the suspens ion gear to see that they are in proper working order. A
report of every such examination shall be recorded in the book kept under regulation
89(2), and shall be signed and dated by the persons making the examination.

91. Examination of winding equipment – (1) It shall be the duty of the engineer or other competent person
to examine –

(a) Once at least in every 24 hours –

(i) the attachment of the winding rope to the drum, the depth indicator, every part of the suspension
gear in the shaft, including cages or other means of conveyance and their gates, and every external
part of the winding apparatus, upon the proper working of which the safety of persons depends;
and
(ii) the brakes of the winding engines;

(b) Once at least in every seven days –

(i) each winding rope, by passing the rope at a speed not exceeding one meter per second; and
(ii) the external parts of the winding engine, the guides and the signalling arrangements fitted in a
shaft or winze;

(c) Once at least in every 30 days, every winding rope, by passing the rope at a speed not exceeding 0.5
metre per second. For the purpose of this examination, the rope shall be cleaned of any entrusted dirt and
grease at all places particularly liable to deterioration and at other places, not more than 30 metres apart
throughout the length, and any reduction in the circumference of the rope and the superficial condition of
the wires as to wear, corrosion, brittleness and fracture at every such place shall be noted; and

(d) Once at least in every 12 months, the winding engine as to the condition of its internal parts.

(2) A report of every such examination shall be recorded in a bound paged book kept for the purpose, and
shall be signed and dated by the person who made the examination and countersigned and dated by the
engineer, or where there is no duly qualified engineer, by the manger.

(3) If on any examination made as aforesaid, there is discovered any weakness or defect by which the
safety of persons may be endangered, such weakness or defect shall be immediately reported in writing to
the engineer or other competent person and to the manager; and until such weakness or defect is remedies
the winding installation shall not be used.

92. Gates and fences – (1) At the tope of every shaft or winze and at every inset which is in use, there shall
be provided suitably gates or fences which shall effectively close the openings into the shaft or winze at all
times when a cage or other means of conveyance is not at the tope or the landing. Except with the
permission of the Chief Inspector by an order in writing and subject to such conditions as he may specify
therein, every such gate at the tope of a shaft shall be self-operating.
(2)(a) At every landing where it is necessary for persons to pass from one side of the shaft to the other, an
adequate passbye shall be provided for enabling them to do so without entering or crossing the shaft. Every
passbye so provided shall be not less than 1.8 metres high and 1.2 metres wide, and shall be kept clear of
all obstructions.

(b) No person shall enter or cross, or be permitted to enter or cross the winding compartment of a shaft or
winze except for the purpose of entering or leaving a cage or other means of conveyance or for undertaking
an examination, repair or any other work therein; and no persons shall be allowed to work in any such
space unless the cages or other means of conveyance, if any, have been stopped and adequate precautions
have been taken for the protection of such person.

93. Duties of persons riding or working in shafts – (1) No person shall get or off a cage or other means of
conveyance after the same has been signalled to be set in motion or leave it until it has reached the
appointed stopping place; nor shall any person ride on the top or edge of any cage or other means of
conveyance except when engaged in an examination, repair or any other work in the shaft or winze.

(2) Every person, when at or about the top or bottom of a shaft or any inset, shall obey the lawful orders
and directions of the banksman or bellman, as the case may be.

(3)(a) NO person shall carry out any examination, repair or other work in any shaft while winding
operations are being carried on; and no winding shall be carried on or permitted while persons are engaged
in such examination, repair or work, except where winding is necessary for the same.

(b) The person in immediately charge of any examination, repair or work in any shaft shall warn the
banksman and the winding engineman that such examination, repair or work is about to be undertaken.

(c) Every person while engaged in any examination, repair or other work in a shaft shall be accompanied by
at least one other person; and all such persons shall be provided with effective safety belts unless otherwise
efficiently protected against the risk of falling.

(d) Every person engaged in trying out an examination, repair or other work in a shaft shall be protected by
a suitable covering from objects falling from above. Every such person shall also be provided with a
protective hat; and shall wear the same when so engaged.

94. General precautions – (1) No unauthorised person shall enter or be allowed, in a winding engine room.

(2) No adolescent or woman shall descend or ascend a shaft in a cage or other means of conveyance unless
accompanied by one or more adult males.

CHAPTER-X : Transport of Men and Materials – Haulage

95. Haulage roadways – The following provisions shall have effect with respect to every length of road or
roadway in a mine where materials are transported in tubs by means of gravity of mechanical power,
namely :

(1) Every such roadway shall –

(a) be of adequate dimensions and, as far as practicable, shall be straight and of regular gradient; and
(b) have tracks properly laid with rails of adequate section.

(2)(a) Pulleys, sheaves and rollers that alter the direction of a rope shall be securely fixed.

(b) No person shall guide or adjust a moving rope on to a drum, pulley, sheave or roller except with a lever
or other proper appliance.
(3) Where haulage is effected by one or more ropes, there shall be provided and maintained -

(a) at the top of every inclined plane, at least one stop-block or other effective contrivance to arrest tubs
from running or moving out of control;
(b) at least one run way switch or other effective contrivance below the first stop-block or other effective
contrivance at a distance greater than the length of a set or train of tubs:

Provided that such distance shall not exceed the length of a set or train of tubs by more than 10 metres:

Provided further that where the Regional Inspector, by an order in writing so requires, the stop-block and
the switch or other effective contrivance aforesaid shall be so intercoupled that they do not remain
simultaneously ineffective:

(c) an attachment, behind an ascending tub or set or train of tubs, of a back-stay, drag or other suitable
contrivance for preventing the tub, set or train of tubs running back. Where an endless rope or chain is
used, the provisions of this clause shall be deemed to be satisfied if suitable automatic catches or other
effective contrivance are provided at suitable intervals along the track to prevent the ascending tubs running
back :

Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may
specify therein, grant exemption from the operation of this clause on grounds that compliance with the
provisions thereof is not reasonably practicable;

(d) safety hooks, jazz-rails or other suitable contrivances to prevent runaway in the forward direction;

(e) tub re-railers at intervals of not more than 250; and

(f) on every haulage roadway exceeding 30 metres in length, effective means of transmitting signal from
every stopping place on the roadway to the place at which the machinery working the rope is operated. All
signals shall be transmitted by mechanical or electrical means:

Provided that the Regional Inspector may, by an order in writing, require means of transmitting signals in
the reverse direction also. If any doubt arises as to whether any means of transmitting signal is effective or
not, it shall be referred to the Chief Inspector for decision.

(4)(a)(i) The following code of signals shall be used and strictly observed –

ONE RAP .. STOP when in motion

TWO RAPS .. LOWER or haul in slowly
THREE RAPS .. START when at rest
FOUR RAPS .. RAISE or haul out slowly

Any other signals shall be in addition to, and shall not interfere with, the foregoing.

Provided that the Chief Inspector may, by an order in writing an subject to such conditions as he
may specify therein, permit the use of any code of signals other than that specified above.

(ii) A printed copy of the code of signals, including additional signals, if any, shall be posted prominently at
the place in which the machinery that works the rope is operated and at all regular stopping places along the
roadway.

(iii) No person, other than a competent persons or an official, shall give any signal.

(b) Where in any mine belowground, a system of haulage roadway (and conveyors, if any) extent to
distance of more than 600 metres from the shaft or the entrance to the mine, efficient telephonic
communication shall be provided and maintained between the end of every such system and the bottom and
top of the shaft or the entrance to the mine as the case may be :

Provided that where travelling is unduly arduous, the Regional Inspector may, by an order in writing,
require the provision and maintenance of telephonic communication in any other case also.

(c) Where telephones or electrical signals are provided -

(i) adequate precautions shall be taken to prevent signal and telephone wires coming into contact with
other cables and electrical apparatus;
(ii) signal wires shall be supported on insulators, and shall not be energised at more than 30 volts;
(iii) contact makers shall be so constructed as to prevent accidental closing of the circuit; and
(iv) in every gassy seam of the second or third degree], all signalling or telephonic communication
circuit shall be constructed, installed, protected, operated and maintained in such a manner as be
intrinsically safe.

(5) At places where telephone receivers are installed or where signals and safety
contrivances are regularly operated, every person using the telephone or operating any
such signal or safety contrivance shall be afforded adequate protection against tubs
moving out of control.

(6)(a) Where any person is allotted to work or pass while the haulage is in motion, manholes for refuge
shall be provided at intervals of not more than 10 metres:

Provided that where the gradient is less than 1 in 6 such manholes may be provided at intervals of not more
than 20 metres.

(b) Manholes shall be not less than 1.8 metres in height and 1.2 metres in depth, and not less than 0.75
metres but not more than one metre in width:

Provided that the Regional Inspector may, by an order in writing and subject to such condition as he may
specify therein, permit the use as manholes or cross -roadways other than haulage roadways, of dimensions
larger than those aforesaid.

(c) Every manhole shall be kept clean and clear of obstruction, and white washed both inside and for a
distance of not less than 0.3 metres around the aperture.

(d) As far as practicable, all manholes shall be provided on one side of the haulage roadway.

(e) In case where there are serious practical difficulties in providing manholes as specified in clauses (a)
and (b), the Regional Inspector may, by an order in writing and subject to such conditions as he may
specify therein, permit manholes to be at greater intervals or of other dimensions.

(f) Except where haulage is effected by means of an endless rope or chain, whenever the haulage rope is in
motion, every person on the haulage roadway shall take shelter in a manhole.

(7) The manager or assistan manager or underground manager shall, by an order in writing, in respect of
every haulage road or roadway, fix the maximum number of tubs, according as to whether they are loaded
or not loaded, that may be coupled together to run as a set or train. A notice specifying the number of tubs
so fixed shall be posted prominently at the top and at all regular stopping places of the haulage road or
roadway.

(8) At all places where tubs are coupled or uncoupled, there shall be a clear space of not less than one metre
–
(a) between, the tubs and one side of the roadway; and
(b) where there are two or more tracks also between the adjacent tracks.

(9)(a) When any roadway or face is in direct line with a haulage track and persons may be exposed to
danger from runaway tubs, a strong buffer or other effective contrivance to prevent such danger shall be
provided and maintained.

(b) A stopblock or other effective contrivance shall be provided near the entrance of every tramming
roadway branching off the main haulage road or roadway, and on every track which slopes towards a shaft
or winze.

96. Travelling roadways – (1) Except when an exemption in writing has been granted by the Regional
Inspector and subject to such conditions as he may specify therein, travelling roadways, separate from
haulage roadways on which haulage is effected by mechanical means or gravity, shall be provided for
persons to travel to and from their working places.

(2) Every such travelling roadway shall –

(a) be not less than 1.8 metres high throughout;

(b) where the inclination exceeds 30 degrees from the horizontal, be provided with suitable steps or
ladders;
(c) where the inclination exceeds 45 degrees from the horizontal, be provided, in addition to steps or
ladders, with hand rails or ropes so as to ensure safe travel; and
(d) where the inclination exceeds 60 degrees from the horizontal, be provided, in addition to the steps or
ladders and rails or ropes, with suitable platforms at intervals not exceeding 10 metres measured along
the slope.

(3) Except for purposes of inspection, examination or repair, every person other than an official of a
haulage attendant shall travel by the travelling roadway or compartment.

(4) Where persons using a travelling roadway or compartment have to cross a conveyor or a haulage
worked by mechanical means or gravity, a suitable cross-over or cross-under bridge or other suitable device
approved in writing by the Regional Inspector shall be provided.

(5) No haulage shall be used for the general conveyance of persons except with the permission in writing of
the Chief Inspector and subject to such conditions as he may specify therein.

97. Tubs and their movement – (1)(a) On every tub there shall be provided and maintained at each coupling
end a strong buffer projecting beyond the end and so arranged that when two such tubs are in tandem, the
gap between the innermost ends shall not be less than 20 centimeters.

(b) On every side-tipping tub in use, safety-catches shall be provided to prevent accidental tipping. No tub
or set or train of tubs shall be set in motion unless all the safety catches are properly secured.

(c) The attachment between a rope or locomotive and a tub or set or train of tubs, and the attachment
between any two tubs in a set or train, shall be of a type approved in writing by the Chief Inspector by a
general or special order and so maintained as to obviate accidental disconnection.

(d) The state of every buffer and drawbar of every tub in use and of every safety-catch, coupling-chain and
other attachment shall be examined once at least in every seven days, by a competent person appointed for
the purpose. A report of every such examination shall be recorded in a bound paged book kept for the
purpose, and shall be signed and dated by the person who made the examination.

(2)(a) When tubs are about to be moved, persons likely to be endangered shall be warned.
(b) Two or more tubs shall not be moved by hand in close succession but shall be coupled and moved
together. Two tubs shall be deemed to be in close succession when the distance between them at any time
in less than 10 metres.

(c) No person shall cause or permit a tub to run uncontrolled except with the written permission of the
manager:

Provided that the Regional Inspector may, by an order in writing, prohibit the uncontrolled movement of
tubs at any place if he is of the opinion that such movement is likely to cause danger.

(d) No person while taking a tub down a gradient exceeding 1 in 20, shall go in front of the tub; and in
every case where conditions are such that a person cannot control the tub from behind, he shall not take the
tub down unless sprags or other suitable contrivances are used to control it.

(e) Where required for use, a sufficient number of sprags of suitable material and dimensions shall be
provided.

(f) Every tub while standing on a track having a gradient of more than 1 in 20, shall unless held effectively
by brakes or securely coupled to a haulage rope or locomotive, be effectively blocked, chained or otherwise
secured.

(g) Except where haulage is effected by means of an endless rope, the coupling and uncoupling to tubs shall
as far as practicable, be done only when the tub or set of the tubs, and the rope if connected to the set is not
in motion.

(h) As far as practicable tubs shall not be coupled or uncoupled on a gradient.

(i) Whenever it comes to the attention of a haulage attendant that a tube being hauled by a rope, chain,
locomotive or other mechanical means has got derailed, he shall immediately cause the haulage to be
stopped. The tube shall then be re-railed, or detached from the rope etc., before the haulage is started again.

(3) No person shall ride on any tub or haulage rope except with the written authority of the manager. A list
of all persons so authorised shall be maintained.

98. Protection at loading chutes. – Every chute where tubes are loaded shall be provided with suitable gates
for holding back the column of material.

99. Haulage engines and ropes – (1) Every haulage engine shall be provided with an effective brake.

(2) (a). No rope shall be used for purposes of h aulage if it has any serious visible defect over any length.

(b) Every rope which is capped shall be recapped once at least in every six months, and if necessary, at
shorter intervals, under the supervision of a competent person.

(c) For every haulage rope in use, a record of size, construction, quality, name of supplier, and dates of
installation and of recapping, shall be kept in a bound paged book kept for the purpose, and all entries
therein shall be made by the competent person who shall sign the same and date his signature.

100. Roadway Conveyors – (1) Every roadway conveyor shall be so installed that –

(a) between the conveyor and one side of the roadway, there is a travelling space from obstruction not less
than one metre wide;
(b) the conveyor or any part thereof does not scrape against wooden props or supports;
(c) the anchoring of the return station of the conveyor is independent of the face or roadway support.
(2) Where the inclination of the conveyor is such as to give rise to danger from sliding objects or material
suitable devices shall be used to provide adequate protection against such danger.

(3) On every length of roadway in which a conveyor is installed for transporting loads over a distance
exceeding 30 metres, there shall be provided and maintained effective means of transmitting signals from
every point on the length of the road to the place at which the machinery working the conveyor is operated:

Provided that the Regional Inspector may, by an order in writing, require means of transmitting signals in
the reserve direction also.

(4) No belt conveyor shall be used in a mine belowground without the permission in writing of the Chief
Inspector and subject to such conditions as he may specify therein.

101. Examination of haulage engines and track etc. – (1) It shall be the duty of a competent person to
examine carefully -

(a) once at least in every 24 hours, every haulage engine, brake-wheel, rope and other appliance in use;
and
(b) once at least in every seven days, every track where the haulage is effected by means of mechanical
power of gravity, and every safety contrivance fitted thereon.

(2) A report of every such examination shall be recorded in a bound paged book kept for the purpose, and
shall be signed and dated by the person who made the examination.

102. Examination of haulage and travelling roadways – It shall be the duty of the forman or other
competent person to examine carefully, once at least in every seven days, the state of all haulage and
travelling roads and roadways, including roadways leading to all the outlets of the mine which are in use. A
report of every such examination shall be recorded in a bound paged book kept for the purpose, and shall
be signed and dated by the person who made the examination.

103. Locomotives – (1) No locomotive shall be used belowground otherwise than in accordance with the
permission in writing of the Chief Inspector and subject to such conditions as he may specify therein.

(2) No locomotive shall be used where the gradient of the track exceeds 1 in 15.

(3) No person other than the driver shall ride on any locomotive unless authorised in writing to do so by the
manager.

(4) Except during shunting operations, the locomotive shall lead the tubs or set or train of tubs.

104. Movement of railway wagons – (1) No adolescent shall be employed in moving railway wagons.

(2) The movement of railway wagons shall be carried on under the supervision of a competent male person
who shall himself control the brake.

(3) Before wagons are moved, persons likely to be endangered shall be warned by the competent persons
appointed under sub-regulation (2).

(4) No person shall move or attempt to move a wagon by pushing at the buffer, or by pulling from in front.

(5) Where two or more wagons are moved simultaneously, the wagons shall be coupled together, and the
number shall not exceed the number which can be effectively controlled; they shall be moved only by
pushing from the sides or from behind the last wagon.
(6) No locomotive or wagon shall be moved when the natural light is insufficient, unless the approaching
end is distinguished by a suitable light or is accompanied by a person carrying a lamp.

(7) No person, other than the competent person referred to in-sub-regulation (2), shall pass immediately in
front of wagons moving under bins or screens, nor between moving wagons and the under-structure of
the bins or screens.

(8) No person shall be upon the buffer of a locomotive or wagon in motion unless there is a secure hard-
hold, or stand thereon unless there is also a secure footplace. No person shall pass over the coupling
between any two wagons while the wagons are moving.

(9) No person shall cross a line of rails by crawling or passing underneath a train or wagon, nor shall a
person sit or sleep underneath a wagon.

(10) Wherever railway wagons are specially placed so as to afford a thoroughfare, such thoroughfare shall
be not less than five metres in width.

(11) No material shall be placed or dumped within 1.2 metres from either side of a track of rails.

105. Fencings and gates – (1) Where any haulage road or tramline passes over a public road, suitable gates
shall be provided to prevent danger to public from a moving tubs, sets or trains of tubs or locomotive.
Every such gate shall be fitted with a danger signal, and when the natural light is insufficient, also with
warning lamps.

(2) Where occupied buildings are situated within 15 metres of any haulage road or tramline, a substantial
fence shall be provided and maintained between such buildings and the haulage road or tramline.

CHAPTER -XI : Mine Workings

106. Opencast workings – In opencast workings, the following precautions shall be observed, namely: -

(1) In alluvial soil, morum gravel, clay, debris or other similar ground -

(a)(i) the sides shall be sloped at an angle of safety not exceeding 45 degrees from the horizontal or such
other angle as the Regional Inspector may permit by an order in writing and subject to such conditions as
he may specify therein; or

(ii) the sides shall be kept benched and the height of any bench shall not exc eed 1.5 metres and the breadth
thereof shall not be less than the height:

Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he may
specify therein, exempt from the operation of this clause any working in the case of which special
difficulties exist, which in his opinion make compliance with the provisions thereof not reasonably
practicable; and

(b) where any pillar is left ‘in situ’ for the purpose of measurement, its height shall not exceed 2.5 metres;
and where the height of such pillar exceeds 1.25 metres, the base of the pillar shall not be less than 1.6
metres in diameter.

(2) (a) Where ‘float’ or other similar deposit is worked by manual means on a sloping face, the face shall
be benched and the sides shall be sloped at an angle of not more than 60 degrees from the horizontal. The
height of any bench shall not exceed six metres and the breadth thereof shall not be less than the height:
 Provided that where the ore-body consists of comparatively hard and compact rock, the Regional
Inspector may, by an order in writing an subject to such conditions as he may specify therein, permit the
height of the bench to be increased up to 7.5 metres while its width is not less than six metres :

Provided further that in case of a mine or part where special difficulties exist, the Chief Inspector
may, by an order in writing an subject to such conditions as he may specify therein, relax the provisions of
this sub-regulation.

(b) Where in any mine or part it is proposed to work by a system of deep-hole blasting and/or with the help
of heavy machinery for its digging, excavation and removal in such manner as would not permit of
compliance with the requirement of sub-regulation (1) the owner, agent or manager shall, not less than 60
days before starting such work, give notice in writing of the method of working to the Chief Inspector and
the Regional Inspector; and no such work shall be commenced o carried out except in accordance with such
conditions as the Chief Inspector may specify by an order in writing. Every such notice shall be in
duplicate, and shall give the details of the method of working including the precautions that are proposed to
be taken against the anger from falls of sides and material.

(3) In an excavation in any hard and compact ground or in prospecting trenches or pits, the sides shall be
adequately benched, slopped or secured so as to prevent danger from fall of sides.

(4) No tree, loose stone or debris shall unless otherwise permitted in writing by the Chief Inspector be
allowed to remain within a distance of three metres from the edge or side of the excavation.

(5) No person shall undercut any face or side or cause or permit such undercutting as to cause any
overhanging.

107 Underground workings. – In every mine worked by a system of workings below ground, the following
provisions shall have effect, namely –

(1) Unless otherwise permitted by the Regional Inspector by an order in writing and subject to such
condition as he may specify therein, the height of every main drive shall b not less than 1.8 metres.
(2) The dimensions of pillars or blocks formed in any vein, load, reef or mineral bed or deposit shall be
such as to ensure stability of the workings during the development and stoping stages ad between such
stages.

1[(3) No extraction or splitting or reduction of pillars or blocks of minerals shall be commenced,

conducted or carried out except with the prior permission in writing of the Chief Inspector and in
accordance with such conditions as he may specify therein. An application for such permission shall be
accom-anied by an up-to-date plan of the area where the pillars or blocks of mineral are proposed to be
extracted or reduced, showing the proposed extent of extraction or reduction, the manner in which such
extraction or reduction is proposed to be carried out, the thickness and other characteristics of the mineral
deposit, the rate and direction of general dip and of the pitch of the vein, the nature of hangwall, and
footwall, the stoping width, the depth of the workings, and such other particulars as the Chief Inspector
may require. A copy of the application and the plan shall simultaneously be sent to the Regional Inspector.

(3-A) The operations of extraction, splitting and reduction of pillars or blocks of mineral shall be
commenced, conducted or carried out in such a manner as to prevent, as far as possible, the extension of a
collapse in the stoped-out area over-riding the pillars or blocks of minerals that have not been extracted].

(4) Nothing in sub-regulation (3) shall prevent the spilitting or reduction of any pillar or block of mineral
bed or deposit where, in the opinion of the manager such work is necessary for haulage, ventilation,
drainage or any other purpose necessary for the proper working of the mine, if 14 days’ previous notice in
writing of the intention to commence such work has been given to the Regional Inspector. Every such
notice shall be accompanied by an offset plan showing details of the operation. If in the opinion of the
Regional Inspector such work is likely to endanger the stability of the workings, he may, by an order in
writing, require the completion, before commencing such drivage or enlargement, of such protective works
as he may specify therein.

(5) Proper provision shall be made to prevent the premature collapse of workings; and adequate steps shall
be taken to isolate, control or remedy any such collapse which may occur.

108. Powers of Inspectors – If in any mine or part thereof, it appears to the Re gional Inspector that the
provisions of regulations 106 and 107 or of any order issued under any of these regulations have not been
complied with, he may give notice in writing to the owner, agent or manager requiring him to take such
protective measures, within such time as he may specify in the notice. In case of non-compliance with the
requirements of the notice, the Regional Inspector may, by an order in writing, prohibit until the
requirements specified in the notice are complied with to his satisfaction, the employment of any person
other than those required for complying with the said requirements, in the part or parts of the mine in which
protective measures are required to be taken.

1[108A. Pointing out contraventions during inspections – (1) If the Chief Inspector or an Inspector, during
his inspection of any mine, finds or comes to know of any contravention of any provisions of Act or the
regulations, rules, bylaws of orders made thereunder, he shall enter such contravention in an inter leafed
paged and bound register kept for the purpose at the mine, in Form VI and shall also point out such
contravention to the owner, agent or manager, it present on the spot. The Chief Inspector or the Inspector
making the entry in the Register aforesaid shall duly sign such entries with date, and take a carbon copy of
the entries for his record:

Provided that the Chief Inspector or the Inspector need not enter such contraventions which require
confirmation after a survey or other further examination and he may subsequently intimate the owner, agent
or manager, specifying the contraventions, if confirmed, and also any other contraventions which were, by
inadvertence, not entered in the register aforesaid.

(2)The owner agent or manager shall check the aforesaid register once every day and countersign each
entry therein. He shall et copies of such entries made out within three days of the ate of entry and display
one such copy on the notice board of the mine for a period of at least fifteen days. When so required, the
owner, agent or manager shall also supply copies of the entries to the registered trade unions of workers in
the mine and to the State Government concerned.

(3) The owner, agent or manager of the mine shall return one copy, within a period not exceeding fifteen
days from the date of the entry, to the Chief Inspector or the Inspector who made the entry with remarks
thereon showing the action taken to remedy the contravention and the date on which such action was taken.

109. Workings under railways and roads, etc. – (1) No workings shall be made and no work of extraction or
reduction of pillars shall be conducted at, or extended to, any point within 45 metres of any railway, or of
any public works in respect of which this regulation is applicable by reason of any general or special order
of the Central Government, or of any public road or building, or of other permanent structure not belonging
to the owner of the mine, without the prior permission in writing of the Chief Inspector and subject to such
conditions as he may specify therein.

(2) Every application for permission under sub-regulation (1) shall specify the position of the workings of
the mine in relation to the railway or public road or works or building or structure concerned, the manner in
which it is proposed to carry out the intended operations, and the limits to which it is proposed to carry out
the said operations; and shall be accompanied by two copies of a plan showing the existing and the
intended mining operations in so far as they affect the railway or public road or works or building or
structure concerned. A copy of the application shall also be sent in the case of a railway, to the railway
administration concerned; and in the case of any public works as aforesaid, in such authority as the Central
Government may by general or special order direct.

(3) Notwithstanding anything contained in the regulations, the stability of such railway, road, works,
building or structure shall not be endangered until it has been dismantled, diverted or vacated, as the case
may be.

(4) Where the stability of such railway, road, works, buildings or structure has been endangered due to any
mining operations, the Chief Inspector may, by an order, in writing, require the owner to construct in the
mine belowground or on the surface such protective works within such time as he may specify in the order.

110. Protective works before a mine is closed – [(1) The Chief Inspector may, by an order in writing,
require the owner of any mine to which regulation 6 applies, to construct in the mine belowground or on
the surface such protective works within such time as he may specify therein.

(2) If the owner fails to construct such protective works within the time specified in the order, the Chief
Inspector may get the works executed by any other agency, and the cost thereof, as certified by the Chief
Inspector shall be defrayed by the owner of the mine and recoverable from him as an arrear of land
revenue.

(3) Until the protective works have been constructed to the satisfaction of the Chief Inspector, the means of
entering the mine at not less than two entrances shall be kept intact and in working order.

111. Working near mine boundaries – 2[(1) The owner, agent or manager of every mine shall fixed
boundaries of the mine. Notwithstanding anything contained in sub-regulation (2), the shall not be changed
except with the permission of the Chief Inspector in writing and subject to such conditions as he may
specify therein].

3[(2)] No working shall be made within a distance of 7.5 metres of the boundary of any mine and, in case
of a disputed boundary, no working shall be made within a distance of 7.5 metres of the boundary claimed
by the owner of an adjacent mine until such time as a binding agreement has been reached as to the correct
boundary or the question has been finally determined by a court of law:

1[Provided further that, where the workings of any 2[mine], for any reason, are extended or get extended
within any shorter distance than what is laid down herein above, the Chief Inspector may, by an order in
writing, require the owner to construct such protective works within such time as he may specify in the
order].

3[(3)] Notwithstanding anything contained in sub-regulation (1), the Chief Inspector may, by an order in
writing and subject to such conditions as he may specify therein, permit the workings of any mine or part
thereof to extend within any shorter distance than 7.5 metres aforesaid, or may require that the said working
shall not extend further than a specified distance, not exceeding 60 metres, of such boundary.

112. Support of workings. – (1) The roof or back, hanging wall, footwall and sides of every roadway and
working place, including airways and travelling roadways to second outlets, shall be made and kept secure.

(2)(a) If the Regional Inspector is of the opinion with respect to any mine or part thereof that systematic
support for the roof or back hanging wall, footwall and sides, or either, or them, ought to be provided an
maintained for the purpose of securing the safety of persons employed therein, he may serve upon the
owner, agent or manager an order in writing specifying the mine or part, stating that he is of opinion
aforesaid and requiring the provision and maintenance of support in accordance with a code of Timbering
Rules which he may specify in the order.

(b)The manager shall hand over copies of the code of Timbering Rules to the assistant manager, the
underground manager and to all other supervising officials concerned, and shall also post such copies at
conspicuous places in the mine.
(c) The manager, assistant manager, underground manager and such supervising officials shall be
responsible for securing effective compliance with the provisions of the Timbering Rules, an the mine
or part thereof shall not be worked in contravention thereof.

113. Setting of supports. – (1) Every piece fo timber used as a support shall be set securely and on a secure
foundation an whenever it becomes loose or broken shall, as soon as possible, be tightened or replace.

(3) Every crib set or pigstye used as a support shall be well built on a secure foundation, and shall be made
and kept tight. Only rectangular pieces of material shall be used as members of a crib set or pigstye; so
however that in case of timber it shall be sufficient o joggle two opposite sides to provide flat surfaces.
(4) The sides of every pack used for the purpose of support shall be well built on secure foundation. The
pack shall be filled with debris or other suitable incombustible material, if so required by the Regional
Inspector as shall be made as tight as practicable over its whole area.
(5) Where sand or other material is stowed for the purpose of support, it shall be paced tight.
(6) Except where it is no longer necessary for purposes of support, any support dislodged by or removed
for any operation shall be replaced with the least possible delay.
(7) In every place wherein a fall of ground involving the displacement or breakage of supports has
occurred, no work of clearing the fall or any part thereof shall be undertaken until the newly exposed
roof or back hanging wall, footwall or side has been examined and made safe- if necessary, by
temporary supports.

114. Steep workings – (1) In workings having an inclination of 30 degrees or more from the horizontal
adequate precautions shall be taken to prevent danger to persons from falling or rolling of timber, tools or
other appliances or material.

(2) No person shall work or be permitted to work at any place having an inclination of 45 degrees or more
from the horizontal, where he is likely to slip or overbalance, unless he is secured by a safety belt or life
line or is otherwise safeguarded.

115. Fencing and gates – (1)(a) Unless otherwise permitted by the Chief Inspector by an order in writing
and subject to such conditions as he may specify the top of every opencast working shall be kept securely
fenced.

(b) Where an excavation which has been formed as a result of any mining operation, extends within a
distance of 15 metres from a public road or any building, substantial fencing shall be erected and
maintained around the excavation.

(c) Where as a result of mining operations, a subsidence of the surface has taken place or is likely to take
place and persons are likely to be endangered thereby, the owner, agent or manager shall keep the entire
surface area securely and effectively fenced.

(2) Every entrance to a shaft, winze, ore-pass, chute sump, store or other dangerous place shall be provided
with an efficient fence, barrier or gate, so designed and constructed as to effectively prevent any person
from entering or falling therein.

(3) Where a shaft , winze rise, chute, ore-pass or stope leads directly into a working place or travelling
roadway, such place or roadway and any working place situated on its dip side, shall be securely guarded or
otherwise protected as to prevent danger to persons from falling materials.

(4) Every entrance from a roadway in a mine to a part of the mine which, for the time being, is neither
being worked nor being used for any purpose, by reason of any cause whatsoever, shall be provided with a
fence, barrier or gate so designed and constructed as to prevent any person from inadvertently entering that
part of the mine.
(5) (a) Shaft and opencast workings temporarily or permanently out of use and any place in or about an
excavation which is dangerous shall be completely filled in or kept securely fenced:

Provided that if in the opinion of the Regional Inspector, any disused trench, pit or other excavation is
dangerous, he may, by an order in writing, require the same to be filled in to the level of the adjacent
ground.

(b) Before a mine is abandoned or the working thereof discontinued, the owner, agent or manager shall
cause the top or entrance of every shaft, incline or other opening into the mine to be fenced by a structure
of a permanent character sufficient effectively to prevent persons falling into or entering the same.

116. Examination by mining mate – (1) Every place in a mine, whether belowground or in opencast
working including travelling roadways and landings, where work is carried on or where persons are
stationed or required to pass shall be placed under the charge of a mining mate or other competent person.

(2) The mine or district assigned to a mining mate or other competent person shall not be of such a size, nor
shall any additional duties other than his duties under the regulations be such, as to be likely to prevent him
from carrying out in a thorough manner the duties prescribed for him under the regulations. If any doubt
arises as to the foregoing, it shall be referred to the Chief Inspector for decision.

(3)(a) At the entrance to every mine or district, one ore more stations shall be fixed by the manager; and
except in the case of a mine working in a continuous succession of shifts no person other the persons
making the examination under clause (b) or an official shall pass beyond any such station until all the
roadways and working places to which such persons are required to have access, have been examined by
the competent person in charge of the mine or district and found to be satisfactorily ventilated and in safe
condition. Every such station shall be legibly marked ‘STATION’ and shall be of such a size as to
accommodate all the persons employed in the district in any one shift.

(d) The mining mate or other competent person accompanied by such assistants as may be required shall,
within two hours before the connection of work in a shift, inspect every part of the mine or district
assigned to him, in which persons have to work or pass during the shift and all roadways and working
places where work is temporarily stopped and shall ascertain the condition thereof as regards
ventilation, sanitation, the presence of gases, the state of the roof and sides, presence of spontaneous
heating and other fire risks, and generally so far as the safety of the persons is concerned.

Provided that in the case of a mine or part to which regulation 142 applies, such inspection shall be
made with an approved flame safety lamp; an that in the case of a mine or part to which regulation
123(1) applies, a cage containing suitable birds or other means of detecting carbon monoxide gas
approved by the Chief Inspector shall be carried during every such inspection.

(e) Similar inspections shall be made once at least in every four hours during which the shift continues, of
all the roadways and other working places to which persons engaged in the mine or district are
required to have access;

(f) The mining mate or other competent person shall, at the completion of his shift, record without delay
the result of his inspections in a bound paged book kept for the purpose. Every such report shall be a
full and accurate report of the inspections and shall include the following.

(i) the details referred to in clause (b);

(ii) the number of persons working under his charge;
(iii) such instructions for the purposes of securing the safety of the persons as he may have given
during his shift; and
(iv) the date and time of the inspections, the signature of the mining mate or other competent person,
and the date and time when the report was written.
(g) In case of a mine where any other system of examination of working places has been in force, the
Chief Inspector may, by an order in writing and subject to such conditions as he may specify therein,
permit such a system to be continued in lieu of the system of examination laid down in this sub-
regulation.

(12) In the case of a shaft in the course of being sunk, the competent person or chargeman shall –

(a) have entire charge of the shaft bottom and shall, in his shift, remain in the shaft while persons are at
work at the bottom of the shaft. He shall be the last person to ascend the shaft at the end of the shift
and if his shift is succeeded immediately by another shift, he shall not leave the bottom of the shaft
until after the descent of the chargeman of the succeeding shaft; and

(b) after each round of shots, and at the beginning of every shift, and after every cessation of work in the
shaft for a period exceeding two hours, shall examine the sides of the shaft and remove all loose pieces
before persons are allowed to descend.

114. Avoidance of dangers – (1) If at any time it is found by a competent person in charge of a mine or
district, that by reason of any cause whatsoever, the mine or district is dangerous, he shall immediately
withdraw all persons from the mine or district; and the mine or district shall be fenced off so as to prevent
persons inadvertently entering therein.

(2) The competent person shall also immediately inform the manager or under-manager or assistant
manager about the danger, and shall record the fact in the book kept under sub-regulation (3).

(3) The manager or assistant manager or underground manager shall make, or cause to be made by a
competent person, a careful examination of the mine or district; and no person shall, except in so far as is
necessary for enquiring into the cause of the danger or for the removal thereof or for exploration, be re -
admitted into the mine or district until the mine or district is reported to be safe. A report of every such
examination shall be recorded without delay in a bound paged book kept for the purpose and shall be
signed and dated by the person who made the examination.

(4) If the work of removing the danger is suspended before the danger is removed, the mine or district shall
be securely fenced off effectively to prevent persons entering therein during the period of suspension.

(13) Notwithstanding anything contained in these regulations –

(a) where the danger arises from the presence of inflammable or noxious gas, the provisions of regulation
141 shall apply; and
(b) where the appearance in any part of amine of smoke or other sign indicates that a fire or spontaneous
heating has or may have broken out the provisions of regulation 12 0 shall apply.

118. General precautions – (1) Where several persons are working together in any place, one of them shall
be placed in charge. N person shall be so appointed unless he is 21 years of age and has had not less than
three years’ experience in the workings of a mine.

(2) No person shall work in any place other than his authorised working place.

(3) Every person shall carefully examine his working place before commencing work and also at intervals
during the shift. If any dangerous conditions is observed, he shall cease all work at that place and shall
either take immediate steps to remove such danger or inform an official or the competent person in charge
of the mine or district. Where several persons are working together and one of them is in charge, the
examination required by this sub-regulation shall be made by the person in charge.
(4) No person shall work or travel on any ledge or footpath less than 1.5 metres wide, from which he will
be likely to fall more than 1.8 metres, unless he is protected by guard rails, fence or rope suitably fixed and
sufficiently strong to prevent him from falling.

(5) (a) No person shall carry or be permitted to carry any load along a road or footpath having an
inclination of 30 degrees or more from the horizontal.

(b) Every road or footpath, along which loads are carried by human agency, shall comply with the
following requirements -

(i) its breadth shall not be less than one metre; and
(ii) at every place where the inclination exceeds 15 degrees from the horizontal, level steps shall be
provided such that the vertical height of every step does not exceed 0.20 metre and the distance
from the edge to the back is not less than 0.35 metre.

Explanation – Gang-planks used for loading purposes shall not be deemed to be part of a footpath for the
purposes of this sub-regulation, provided that every gang-plank shall be so inclined or constructed as to
give a secure foot-hold.

(6) No person shall be employed to lift, carry or move a load so heavy as is likely to cause bodily injury or
injury to health of that person. In case of any doubt as to whether risk of bodily injury or injury to health is
involved, it shall be referred to the Chief Inspector for decision.

(8) Every person shall ensure that tools, wood, stones, or other articles are not put down or allowed to
remain, in or near a shaft , winze or opening into a stope where work is going on, in such position as
may result in their falling into the shaft, winze, or stope, as the case may be.

(8) No person shall cast nay material down any chute, pass or stope or other place until he has assured
himself that no person is in the way.

(9) No person shall work or be permitted to work alone in any remote part of a mine where, in any accident
occurred he would not soon be discovered or assisted.

(10) No inexperienced person shall be employed in the mine for any work whereby he or other persons can
be seriously endangered, except under the supervision and guidance of an experienced person.

CHAPTER XII – Precautions against Dangers from Fire, Dust, Gas and Water

119. Precautions against Fire – (1) (a) No oil, grease, canvas or other inflammable material shall be stored
in any mine except in a fire-proof receptacle. Greasy or oily waste in workings belowground, shall be
regularly remo ved to the surface.
(b) No person shall place or throw, or cause or permit to be placed or thrown, any
naked light or lamp or ‘cheesa stick’ or kai-piece’ on or near any timber, wooden
structure or other combustible material.

© Where explosives are used in blasting any timber forming part of stulls, sets and chutes sufficient
water shall be applied to the timber both before and after firing a shot.

(2) (a) All surface structures and supports within a horizontal distance of 10 metres from all
entrances to a mine shall be of incombustible material :
 Provided that this clause shall not apply to temporary structures, supports and coverings at the top
of a shaft or winze which is in the course of being sunk an to the small lid of a shaft-covering
operated by the rope cappel.

(b) Dead leaves or dry vegetation shall not be allowed to accumulate or remain, and
combustible materials other than material required for use within a period of 24 hours,
and inflammable materials, shall not be stored within a distance of 15 metres from any
entrance to a mine, which is not effectively sealed off from the workings belowground.

(c) No person shall light a fire or permit a fire to be lighted on the surface within a distance
of 15 metres from any entrance to a mine, except by an order I writing of the manager
and only for a special purpose specified in such order. All such orders shall be recorded
in a bound paged book kept for the purpose:

Provided that this clause shall not apply to boilers other than vertical boilers.

(3) (a) Except with the previous permission in writing of the Regional Inspector and subject to such
conditions as he may specify therein, no timber or other combustible material shall be used I the
construction of or in connection with, any shaft lining or any room housing any machinery or
apparatus belowgsround.

(b) Wood cuttings shall not be left in any working belowgroud, but shall be removed to the surface
at the end of every shift.

©No person shall light a fire or permit a fire to be lighted in any workings belowground :

Provided that –

(i) in the case of a mine to which regulation 142 does not apply, flame or electric welding or
repairing apparatus may be used belowground if permitted by a order in writing of the
manager or assistant manager or underground manager. Every such order shall specify
person who shall be in charge of the apparatus; and it shall be the duty of such person to
bring the apparatus back to the surface when no longer required belowgsround; and

(ii) in the case of a mine to where the provisions of regulation 142 apply, a flame or electric
welding or repairing apparatus may be used belowground if prior permission in writing
has been obtained from the Regional Inspector and subject to such conditions as he may
specify therein.

(d) No person shall leave a portable light or lamp belowground unless he has placed it in
charge of some other person remaining therein.

(e) At the end of a shift, unless the mine is worked by a continuous succession of shifts, after
all persons have left the mine, all lights shall be extinguished and all power cut off :

Provided that nothing in this clause shall be deemed to prohibit the running of a
mechanical ventilator or auxiliary fan belowground after the shift is over.

(f) Proper provision shall be made to prevent an outbreak of fire or spontaneous heating
belowground or the spread of fire to the mine from any adjoining mine; and adequate
steps shall be taken to control or isolate any such fire or heating that may occur. Where in
the opinion of the Regional Inspector the provisions of this clause have not been
complied with or the steps so taken are inadequate, he may, by an order in writing,
require such aditional precautions or steps to be taken within such time as he may specify
therein. If any such order is not complied with within the specified period, the Regional
 Inspector may prohibit until the order has been complied with, the employment in the
mine or part, of any person whose employment is not, in his opinion, necessary for the
purpose of complying with the order.
120. Precautions after a fire has broken out – (1) (a) On the appearance in any part of a
mine of smoke or other signs indicating that a fire or spontaneous heating has or may
have broken out, all persons other than those whose presence in the mine is deemed
necessary for dealing with the fire or heating shall be immediately withdrawn from
the mine. No person, other than those required for dealing with or sealing off the fire
or heating, shall be admitted in the mine until the fire or heating has been
extinguished or effectively sealed off and an examination has been made by the
manager or by the assistant manager or underground manager and the mine has been
declared to be safe. A report of every such examination shall be recorded in a bound
paged book kept for the purpose and shall be signed and dated by the person making
the examination :

Provided that the Regional Inspector may, by an order in writing and subject to such conditions as he
may specify therein, permit the employment in the mine, of persons other than those required to deal
with the fire or heating.

(b) The examination required by clause (a) shall be made with a cage contain in suitable birds or other
means of detecting carbon monoxide gas approved by the Chief Inspector.

(2) During the whole time that any work of dealing with or sealing off a fire or heating belowground
is in progress –

(a) a competent person shall be present on the spo0t throughout.

(b) There shall be available, at or near the place, two smoke helmets or other suitable apparatus
for use in emergency; and \

(c) A cage containing suitable birds or other means of detecting carbon monoxide gas approved
by the Chief Inspector shall be kept at all places where persons are employed.

121. Equipment for free-fighting – (1) a sufficient supply of sand or in combustible dust or sufficient
portable fire extinguishers shall be provided at every entrance to a mine, at every landing and the
bottom of every shaft or winze in use, at every engine room and at every other place where timber,
canvas, grease, oil or other infalmmable material is stored.

(2) At every mine, the following provisions shall be made for dealing with any fire or heating
belowground –

(a) A sufficient supply of sand or incombustible dust or sufficient portable are extinguishers shall
be kept at suitable places at the entrance to every district; and

(b) In every mine employing 100 persons or more belowground on any one day in that of the
previous year -\

(i) where pipes containing water under pressure are available, an adequate number of
tape, not more than 120 metres apart, shall be provided on such pipes, Hose-pipes
not less than 60 metres in length and the necessary fittings shall be provided.

(ii) Portalbe water tanks fitted with hand pressure pumps and hose-pipes not less than 60
metres in length and the necessary fittings shall be pro vided.
 (3)(a) Soda acid type extinguishers or water shall not be used for fighting oil or electrical fires.

(b)Foam type extinguishers shall not be used for fighting electrical fires.

(c) Fire extinguishers containing chemicals which are liable, when operated, or give off
poisonous or noxious gases, shall not be provided or used belowground :

Provided that nothing in this clause shall be deemed to prohibit the use belowground of fire
extinguishers giving off carbon dioxide when operated.

(9) A competent person shall, once at least in every three months, examine every fire -extinguisher
so provided, and shall discharge and refill it as often as may be necessary to ensure that it is in proper
working order. A report of every such examination or refilling shall be kept in a bound paged book kept for
the purpose, and shall be signed and dated by the person making the examination or refilling.

122. Apparatus for testing for Carbon Monoxide – In every mine to which regulation 123 (1) and 142
apply there shall be kept at the mine, constantly available for use, two or more suitable birds or other
means of detecting carbon monoxide gas approved by the Chief Inspector :

Provided that the Regional Inspector may, by an order in writing, require compliance with this
regulation in case of any other mine also.

123. Precautions when a fire exists belowground . – (1) In every mine in which a fire of spontaneous
heating exists in workings belowground (whether such fire has been isolated by means of suitable
seals or not), no work whatsoever shall be done in any part or section adjacent to the part or section on
fire or believed to be on fire, except with the permission in writing of the Chief Inspector and subject
to such conditions as he may specify therein.

(2) In every mine to which sub-regulation (1) and regulation 142 apply, arrangements shall be made,
once at least in every 30 days, to ascertain the atmospheric conditions behind the seals of an area of
old workings or a fire or spontaneous heating unless such seals are capable of resisting the force of an
explosion :

Provided that the Chief Inspector may, by an order in writing and subject to such conditions as he may
specify therein, exempt any mine or part thereof from the operation of this sub-regulation where in his
opinion special difficulties exist which make compliance with provisions thereof not reasonably
practicable.

(4) (a) Every seal erected to isolate or control a fire or spontaneous heating belowground shall be
numbered, and shall be of adequate strength and shall be so maintained as to prevent any leakage
of air or gas through it. Where water is likely to accumulate behind any such stopping, there shall
be provided in the stopping a suitable pipe or other device to drain away the water without
permitting any leakage or air or gas etc.

(b) where in any mine or part thereof the provisions of clause (a) have not been complied with or
where in the opinion of the Regional Inspector the steps so taken are inadequate, he may give
notice in writing to the owner, agent or manager requiring him to take such protective measures,
within such time, as he may specify therein. In case of non-compliance with the requirements of
the notice, the Regional Inspector may, by an order in writing, prohibit until the requirements of
the notice have been complied with to his satisfaction, the employment in the mine or part, of any
person whose employment is not, in his opinion, necessary for the purpose of complying with the
requirements aforesaid.
(4)A competent person shall, once at least in every seven days, inspect all seals erected to isolate or
control a fire or spontaneous heating belowground. During every such inspection, he shall ascertain
the general condition of every seal, check it for leakage and presence of gas and ascertain the
temperature and humidity of the atmosphere outbye the seal. For every seal, he shall place his
signature, with date, on a check-board provided for the purpose at a suitable position on the seal; and
this record shall be maintained for a period of not less than three months A report of every such
inspection shall also be recorded in a bound paged book kept for the purpose an shall be signed and
dated by the person making the inspection :

Provided that the Regional Inspector may, by an order in writing, require such inspection to be
made at such shorter intervals as he may specify therein.

1 124. Precautions against dust. – (1) The owner, agent or manager of every mine shall take such steps
as are necessary for the minimising of emissions of dust and for the suppression of dust which enters
the air at any work place belowgsroud or on surface and for ensuring that the exposure of workers to
respirable dust is limited to an extent that is reasonably practicable but in any cast not exceeding the
limits that ae harmful to the health of persons.

(2) For the purpose of this regulation, a place shall not be deemed to be in a harmless state for
person to work or pass or be therein, if the 8 hours time – weighted average concentration of airborne
respirable dust –

(i) in milligrams per cubic metre of air sampled by a gravimetric dust sampler of a type
approved by and determined in accordance with the procedure as specified by the Chief
Inspector by a general or special order, exceeds five in case of manganese ore and the
value arrived at by dividing the figures of fifteen with the percentage of free respirable
silica present in other cases; or

(ii) in case of respirable asbestos fibres, exceeds tow fibres per mililitre of air sampled by an
open membrance filter and measured by a phase contrast optical microscope of a type
approved by and in accordance with the procedure as specified by the Chief Inspector or
by a general or special order.

Explanation – For the purpose of this regulation, the term “respirable asbestos fibre” means any
fibrous form of mineral silicates of chrysolite, actionolite, amosite, anthophyllite, crocidolite,
tremolite or any admixure threof with a length of greater than 5 micrometres and a diameter of less
than 3 micrometres and a length to – diameter ratio greater than three is to one.

(3) (a) The owner, agent or manger of every mine shall, within six months of the coming into force
of the Metalliferous Mines (Amendment) Regulations, 1988 and once at least every six months
thereafter or whenever the Regional Inspector so requires by an order in writing, cause the air at
every work place where airborne dust is generated to be sampled and the concentration of
respirable dust therein determined :

Provided that, if any measurement at any workplace shows the concentration in excess of
fifty percent or seventy five percent of the allowable concentration as specified in sub-
regulation(2) (hereinafter referred to as ‘permissible limit’) the subsequent measurements shall be
carried on at intervals not exceeding three months or one month respectively :

Provided further that, such measurements shall also be carried on immediately upon the
commissioning of any plant, equipment or machinery or upon the introduction of any new work
practice or upon any alteration therein that is likely to bring about any substantial change in the
level of airborne respirable dust.
 (b) The location, frequency, timing, duration and pattern of sampling shall be such that the
samples drawn are, as far as practicable, truly representative of the levels of dust exposure of work
persons, and he sampling shall include –

(i) ‘static monitoring’ to identify sources of dust emission and levels of dust
concentration in working environment ; and

(ii) ‘personal monitoring’ of air reaching the breathing zone of work persons.

The sampling shall be duly supplemented by short-term sampling during peak-emissions.

(c)Samples shall be taken –

(i) by a person who has been specially trained for the purpose; and

(ii) by the sampling equipment and accessories that have bee checked to ensure
correct maintenance and efficient operation thereof and examined, tested and
calibrated on a date which is not earlier than one yar.

(d) Respirable dust content of the samples and quartz content shall be determined as soon as
practicable at a properly equipped laboratory approved in writing by the Chief Inspector in
that behalf.

(e) All result of measurements of airborne respirable dust and all other relevant particulars shall
be systematically recorded within fourteen days of the date of collection of samples, in a
bound paged book kept for the purpose. Every entry in the book aforesaid shall be
countersigned and dated by the manager within twenty four hours after such recording.

(4)When the dust monitoring results have established that the permissible limit of dust concen trations
being exceeded at any place, the relevant operation or operations causing excessive dust shall cease.
The operation or operations shall not be resumed and allowed to be carried on until improvements
have been made in the prevention and suppression of dust and fresh sampling carried out immediately
on resumption of the said operation or operations has established that such improvements have
reduced the dust concentration below the ‘permissible limit’ :

Provided that if the dust prevention and suppression device of any machinery or equipment fails to
operate efficiently, the operation of the said machinery or equipment shall likewise cease and shall not
be resumed until the defect therein has been rectified:

Provided further that, purely as a continency measure or as a secondary means of protection in a

work situation wherein it is technically not feasible to reduce the respirable dust concentration below
the ‘permissible limit’ or during the time period necessary to instal and commission any device or to
institute any new work practice for dust prevention or suppression, compliance with the ‘permissible
limit’ of dust exposure may be achieved by remote operation or by job rotation and failing which by
the use os a respiratory equipment of a type specified from time to time by the Chief Inspector, by a
general or special order in writing in this behalf.

(5) The owner, agent or manager or every mine where need of dust respirators might arise shall –

(a) ensure that, subject sot the second proviso to sub-regulation (4), no person goes into or works
or is allowed to go into or work at any place where the respirable dust concentration is in
excess of the ‘permisible limit’ unless he wears a suitable dust respirator; and

(b) Provide –
 (i) sufficient dust respirators of appropriate design at no costs to concerned work persons for
their use

(ii) for the dust respirators to be regularly cleaned, disinfected and maintained in efficient
working order; and

(iii) for the proper fitting of and for thorough training of the concerned workers in
the need for and correct use of respirators.

(6) To prevent the liberation and accumulation of dust and the propagation of airborne dust, the
following provisions shall have effect, namely :-

(a) dust shall be suppressed as close as possible to its source of formation.

(b) During any operation of drilling or boring on surface or belowground -

(i) the production of dust shall be reduced by using bits which are sharp and of proper
shape, by keeping suitable pressure on the bits and by keeping the h0les clear of the
cuttings,

(ii) a jet of water shall be directed on to the cutting edge to wet the cuttings or other
equally efficient device approved by the Chief Inspector shall be provided and kept
in operation throughout the drilling or boring operation to prevent the atmosphere
being charged with dust. Where pneumatic drilling is performed, water shall be
turned on before turning on compressed air to the drill. When, however, drilling is
done by hand, it shall be sufficient if holes are kept constantly moist during such
drilling.

(c) Roadways on surface or below ground where mobile mining machinery ply shall be regularly
wetted or shall be effectively treated with some other equally efficient agent to reduce dust
being raised in the atmosphere to a minimum.

(d) No plant for the screening or sorting of minerals or ores and as far as practicable, no heap of
cinder, cement, sand, mortar or other dry and fine material shall be placed within 80 m. of the
top of any down -cast shaft or other intake airway not shall any such material be so handled as
to make it air-borne an drawn into such shaft or airway.

(e) In every working belowground –

(i) no machinery or equipment which is likely to emit dust in excess of ‘permissible

limit’ shall be operated unless it is equipped with a suitable dust-prevention and
suppression device and unless such device is operating efficiently ;

(ii) work places and rock walls in the vicinity thereof shall be, unless naturally wet
throughout regularly washed down to prevent accumulation of dust and shall be kept
thoroughly wetted during work shifts;

(iii) a current of air sufficient to clear away the dust emitted by any machinery or
operation and to dilute the dust concentration below the ‘permissible limit’ shall be
maintained by means of general ventilation and if necessary, by local ventilation, so
however that, as far as practicable, the velocity of air in any roadway or workplace
shall not be such as to raise dust in the atmosphere;
 (iv) after blasting, working places shall not be entered, unless sufficient time has elapsed
for dust, smoke and fumes to be cleared by a current of air and the broken ore or rock
shall not be moved unless it has been thoroughly wetted with water;

(v) vehicles, tubs and conveyors used for transport of mineral or ores shall be
maintained in good condition so as to minimise spillage or leakage and chutes, spiral
conveyors, ore passes, bins, tipplers conveyor discharge points and skip loading and
unloading installations shall be so controlled as to reduce the formation of dust to the
minimum. Such material shall be als o thoroughly wetted with water unless it is
already wet or other effective means of dust suppression are used;

(vi) unless, owing to special difficulties, exempted in writing by Regional Inspector in

that behalf and subject to such conditions as he might specify therein, water in pipes
in sufficient quantity and under adequate pressure and independent of any pumping
system shall be provided ad maintained so as to get maximum efficiency in the
laying of dust.

(f) No process of crushing, breaking, disintegrating, opening, grinding, screening or sieving of

ores, minerals or stone or any operation incidental thereto shall be carried out at any mine
unless appropriate and effective dust control measures, such as, bust not limited to isolation,
enclosure, exhaust ventilation and dust collection are designed, provided, maintained and
used.

(g) The exhausted air, belowground or on surface, which contains dust in excess of the
‘permissible limit’ shall be efficiently diluted and if necessary filtered so as to reduce the
cocentration of respirable dust threin below ten percent of the ‘permissible limit’ before being
recirculated into working places or before emission into atmosphere.

(h) Every device used for the prevention and suppression of dust produced by any machinery,
equipment or process as also for the filtering of the exhausted air and every dust respirator
shall be inspected once at least in every seven days and shall be thoroughly examined and
tested at least once in every period of six months and reports of the results of every such
inspection, examination and test shall be recorded in the register maintained under clause (e)
or sub-regulation (3).

(7) The owner, agent, or manager of every asbestos mine where mining operations are carried on and
where ‘permissible limit’ of dust concentration is exceeded, shall also –

(a) Provide –

(i) sufficient protective clothing in good condition for the use of, at no cost to, the
persons employed in such operations, as well as arrangements for proper dusting by
means of a vacuum cleaner and for regular washing thereof;

(ii) suitable place for putting on and taking off the protective clothing;

(iii) well maintained washing and bathing places;

(iv)separate place for storing and changing personal clothing;

(v) clean and hygienic place for taking good or snacks -

 (b) cause –

(j) sorting, separation, grading, mixing, compression and packing of asbestos fibres and
collection and disposal of waste including filtered dust to be carried out in such a manner that
asbestos dust does not escape into air ;
(ii) All machinery, plant, work premises and all internal surfaces of the
building where milling operations are carried on to be maintained in clean state
and free of asbestos waste. Such cleaning shall be carried out by means of a
vacuum cleaner or by some suitable exhaust draught ad persons undertaking these
operations or present thereat shall be provided with and wear appropriate
respiratory equipment and protective clothing;

(iii) asbestos fibres to be packed in impermeable bags;

(iv) cautionary notices, in language or languages understood by the majority of work

persons with standard warning symbol to be prominently displayed at every such
place were milling of asbestos is carried on and where the ‘permissible limit’ of dust
exposure is likely to be exceeded, to warn the persons as to the hazards to health
from asbestos dust, as to the need for the use of protective clothing and of
appropriate dust respiratory by persons entering therein and as to the synergistic
effect on the hazards of smoking cigarettes, beedis, cigars, etc. and occupational
exposure to asbestos dust.

(8) The manager of every mine where airborne dust is generated, shall formulate and implement a
scheme specifying –

(a) the location, frequency, timing duration and pattern of sampling ;

(b) the instruments and accessories to be used for sampling ;

(c) the laboratory at which respirable dust content of samples and quartz content shall be
determined ;

(d) the format in which the results of measurements of dust concentration and other particulars
have to be recorded ;

(e) the organization for dust monitoring and for the examination and maintenance of dust
prevention and suppression measures and dusts respirators ; and

(f) the manner of making all persons concerned with the implementation of the dust control
measures fully conversant with the nature of work to be performed by each in that behalf.

(9) The Regional Inspector may, where special conditions exist, permit, or require by an order in
writing and subject to such conditions as he may specify therein, any variation in the foregoing
provisions or in the manager'’ scheme.

(10) If any doubt arises as to any matter referred to in this regulation, it shall be referred to the Chief
Inspector for decision]1.
125. Precautions against irruption of gas – Where any working is extended to within 30
metres of any stoped-out area or disused workings containing or likely to contain an
accumulation of inflammable or noxious gases, there shall be maintained at least one
bore-hole not less than 1.5 metres in advance of the working. The operation of drilling
the bore hole shall be carried out under the supervision of a competent person; and where
inflammable gas is present or likely to be present, no lamp or light other than an
approved safety lamp or torch shall be used in any such working.

126. Recovery and exploratory work – (1) After an explosion of inflammable gas has occurred in a mine
only such persons as are authorise by the manager or by the principal official present at the surface, shall be
allowed to enter the mine.

(2) When it is intended of proposed to reopen a mine or part thereof, which has been isolated,
sealed off or flooded with water to deal with a fire or spontaneous heating, the owner, agent or manager
shall, not less than 14 days before the commencement of such work, give notice in writing of such intention
or proposal t the Regional Inspector and the Chief Inspector.

(3) Where it is intended to carry out any exploratory work in a mine or part belowground likely to
contain irrespirable atmosphere –

(a) no party of less than three persons shall be allowed to proceed to carry out such work; and

(b) every such party shall carry a cage containing suitable birds or other means of detecting
carbon monoxide gas approved by the Chief Inspector and also an approved flame safety
lamp.
127. Danger from surface water – (1) Where any mine or part thereof is so situated that
there is any danger of inrush of surface water into the mine or part, adequate protection
against such inrush shall be provided and maintained. If any dispute arises as to whether
such protection is adequate or not, it shall be referred to the Chief Inspector for decision.

(2) No workings shall be made in any mine vertically below –

(a) any part of any river, canal, lake, tank or other surface reservoir; or
(b) any spot lying within a horizontal distance of 15 metres from either
bank of a river or canal or from the boundary of a lake, tank or other
surface reservoir;

except with the permission in writing of the Chief Inspector and subject to such
conditions as he may specify therein.

(3) Every application for permission under sub-regulation (2) shall be

accompanied by two copies of a plan and section showing the existing position of
the workings of the mine, the proposed layout of workings, the depth of the
workings from the surface, the position and depth of any stoped -out area in the
neighborhood, all faults and other geological disturbances and such other
particulars as may affect the safety of the mine or of the persons employed
therein.

Explanation. – Where sand or alluvium are lying in the course of a river, canal,
lake, tank or reservoir, the depth from the surface shall be reckoned from the
surface of hard ground underlying such sand or alluvium.
128. Danger from underground inundation. – (1) Proper provision shall be made in every
mine to prevent irruption of water other liquid matter from the workings of the same
mine or of an adjoining mine.

(2) (a) No working which has approached withi a distance of 60 metres of any
disused or abandoned workins (not being workings which have been examined and found
to be free from accumulation of water or other liquid matter), whether in the same mine
or in an adjoining mine, shall be extended further except with the prior permission in
writing of the Chief Inspector and subject to such conditions as he may specify therein :

Provided that if any heavy seepage of water is noticed in any working

approaching, but not within 60 metres of, any such disused or abandoned working, such
working shall be immediately stopped, an the Chief Inspector and the Regional Inspector
shall forthwith be informed about the occurrence. The workings shall not be extended
further except with the prior permission in writing of the Chief Inspector ad subject to
such conditions as he may specify therein.

Explanation. – For the purpose of this sub-regulation, the distance between the
said workings shall man the shortest distance between the said workings measured in any
direction whether horizontal vertical or inclined.

(b)Every application for permission under clause (a) shall be accompanied by two
copies of a plan and section showing the outline of such disused or abandoned
workings in relation to the workings which are approaching the said workings and
such other information as may be available in respect of the said workings.

(c) Except where otherwise permitted by the Chief Inspector by an order

in writing and subject to such conditions as he may specify therein, no
such working shall exceed two metres in width or height; and there
shall be maintained at least one bore-hole near the center of the
working face, and sufficient flank holes on each side and where
necessary , bore- holes above and below the workings, at intervals of
not more than five metres. All such bore-holes shall be, an shall be
constantly maintained, at sufficient distance in advance of the working
and such distance shall in no case be less than three metres.These
precautions shall be carried out under the direct supervision of a
competent person specially authorised for the purpose.

(d) The precautions laid down in clause © shall also be observed in any
other working where any heavy seepage of water is noticed whether
approaching disused or abandoned workings or not.

129. International flooding . (1) When the owner, agent or manager intends or proposed,
by introducing water from the surface or from any other part of the mine or from an
adjacent mine, to flood any part of the workings of his mine, he shall give in writing not
less than 14 days’ notice of such intention or proposal to the Chief Inspector and the
Regional Inspector and to the management of all adjoining mines and of such other mines
as might be affected by such flooding.

Provided that the Regional Inspector may, be an order in writing and subject to
such conditions as he may specify therein, permit such operations to be commenced on
any day prior to the expiry of the said 14 days:

Provided further that the Regional Inspector may, by an order in writing, either
prohibit any such operation or require that such operation shall not be commenced until
such precautions as he may specify therein, have been taken to his satisfaction.

Explanation. – For the purposes of this sub-regulation, a mine shall have the
meaning assigned to it under regulation 33.

(2) If the operations in respect of which notice is given under sub -regulation (1),
are not commenced within 60 days from the expiry of the said 14 days, the
notice shall be deemed to have lapsed and the provision of the sub -
regulation(1) shall apply as if no such notice had been given.

130. Construction of a reservoir, dam or other structure. – (1) Where in any mine it is
intended to construct a reservoir, dam or other structure to withstand a pressure of water
or other material which will flow when wet, or to control an inrush of water (other than a
reservoir, dam or structure for storing small quantities of water) the owner, agent or
manager shall give in writing not less than 14 days notice of such intention to the
Regional |Inspector. Every such notice shall be accompanied by two copies of plans and
sections showing the design and other details of the proposed construction.

Provided that where the safety of the mine or of the persons employed therein is
seriously threatened, the provisions of this regulation shall be deemed to have been
complied with if the said notice is given to the Regional Inspector as soon as the work of
construction is commenced :

Provided further that where such a reservoir, dam or other structure was
constructed before the coming into force of these regulations, the said copies of the plans
and sections shall be submitted to the Regional Inspector within three months of the
coming into force of these regulations. Where these details are not available, the Regional
Inspector shall be informed of the fact within the aforesaid period.

(2) The Regional Inspector may, by an order in writing, require such modification
or alternations to be made by the design of any such reservoir, dam or structure as he may
specify therein.

CHAPTER – VIII - Ventilation

131. Standard of ventilatio n. – (1) It shall be the duty of the owner, agent or manager of
every mine to take such steps as are necessary for securing that there is constantly
produced ion all parts of the mine belowground, ventilation adequate to clear away
smoke, steam and dust; to dilute gases that are inflammable or noxious so as to render
them harmless; to provide air containing a sufficiency of oxygen; and to prevent such
excessive rise of temperature or humidity as may be harmful to the health of persons. If
any doubt arises as to whether the ventilation in a mine or part thereof is adequate or not,
if shall be referred to the Chief Inspector for decision.

(2) For the purpose of this regulations, a place shall not be deemed to be in a safe
state for persons to work or pass therein if the air contains either less than 19
percent of oxygen or more than 0-5 percent of carbon dioxide or any noxious
gas present in quantity likely to affect the health of any person; and such place
shall not be deemed to be normally kept free from inflammable gas if the
percentage of such gas at any point in that place exceeds one an a quarter.

(3) If with respect to any mine or part thereof the Regional Inspector is of the
opinion that the ventilation is not adequate, he may, by an order in writing,
require the installation and maintenance of such a mechanical ventilator as is
capable of producing adequate ventilation in the mine or part.

132. Mechanical ventilators and their fittings. – (1) Every mechanical ventilator shall be
installed in a fireproof hous ing situated at a safe distance from the opening, shaft or
winze; and every mechanical ventilator, other than an auxiliary fan, shall be so designed
an maintained that the current of air can be reversed when necessary.

(2) In every mine to which regulation 142 applies, if electricity is used for driving
the mechanical ventilator, current shall be supplied to the drive motor of the
ventilator through a separate circuit from mthe main distribution point of the
mine.

(3) There shall be provided an maintained at every main mechanical ventilator –

(a) a suitable pressure-recording gauge or water gauge; and

(b) except where the ventilator is driven by a constant speed drive, a recording
instrument by which the speed of the ventilator shall be continuously
registered.
(4) At ever y shaft or winze ordinarily used for lowering or raising of persons or
material, where a mechanical ventilator is installed, there shall be provided a
properly constructed air- lock.

Provided that unless the Regional Inspector so requires by an order in wr iting,

the provision of this sub-regulation shall not apply to a shaft or winze where a
 mechanical ventilator was installed before the coming into force of these
regulations.

(5) The flow of air produced by a mechanical ventilator shall, as far as

practicable, be so arranged as to aid the natural ventilation.
(6) Every mechanical ventilator shall be in charge of a competent person
appointed for the purpose, who shall not be entrusted with any other
additional duties which may require him to go outside the fan hous e or which
may interfere with his duties as incharge of the mechanical ventilator.
(7) In every mine in which a mechanical ventilator is in use, the quantity of air
circulating in every ventilating district shall be measure once at least in every
30 days and recorded in a bound paged book kept for the purpose.

133. Standing Orders. – (1) For the purpose of ventilation, every mine shall be divided
into such number of districts or splits as to ensure that separate current of fresh air is
made available in every such district or split.

(2) The intake air shall be so arranged as to travel away from all stagnant water.

(3) In any mine or part where a mechanical ventilator is used, every drive,
crosscut, winze or rise which is a connection between a main intake airway
and a main return airway shall, until it has ceased to be required and has been
sealed off, be provided with at least two doors so spaced that whenever one
door is opened, the other door can be kept closed. Steps shall be taken or
ensure that at least one of the doors is always closed. Any such connection
which has ceased to be so required, shall be effectively sealed.

135. Brattices, doors, stoppings ad aircrossings. - (1) There shall be provided ad

maintained in every mine such number of stoppings , doors and other devices as may be
adequate to ensure compliance with the provision of regulations 131. If any doubt arises
as to the adequacy of such ventilation devices, it shall be referred to the Chief Inspector
for decision.

(2) (a) The space between the frame or every ventilation door and the roof and
sides of the road, shall be built up with masonry or concrete, not less than 25 centimetres
in thickness.

(b)Every such door shall be self-closing; and whenever opened, it shall be closed
as soon as possible, and shall not be propped or fixed so as to remain open.
(c) If such door is required to be frequently kept open for the passage of men or
material, there shall be, throughout every working shift, a door attendant at the
door.
(d) Unless required for purposes of control of fire or otherwise, if a door is not in
use, it shall be taken off its hinges and placed in such a position that it shall
not cause any obstruction to the air current.
 (3)(a) Every stopping between the main intake and main return airways shall be
constructed of masonry or brickwork, not less than 25 centimetres in thickness or
such greater thickness as may be required by the Regional Inspector, and shall be
faced with a sufficient thickness of lime or cement plaster to prevent leakage of
air.
(c) Every stopping in use shall be kept accessible for inspection.

(4) The partitions and walls of every air-crossing shall be not less than 25
centimetres in thickness if constructed or masonry or of concrete not properly
reinforced, and not less than 15 centimeters in thickness if constructed of
properly reinforced concrete.
(5) Every air-crossing, ventilation stopping, door or brattice shall be maintained
in efficient working order and good repair.
(6) A competent person shall, once atleast in every 30 days, examine every
airway, air crossing, ventilation stopping and door in use, an shall record the
result thereof in a bound paged book kept for the purpose, and shall sign the
same and date his signature.

136. Auxiliary fans.- (1) Every auxiliary fan :

(a) shall be installed, located and worked in such a manner that –

(i) a sufficient quantity of air shall, at all times, reach it so as to ensure

that it does not re-circulate air; and
(ii) there is no risk of the air which it circulates being contaminated by any
substantial quantity of inflammable or noxious gases or dust; and

(b) shall have an air-duct for conducting the air to or from the face or blind end;
and such air-duct shall be so maintained as to minimise any leakage or air and
to ensure an adequate supply of air to within 4.5 metres of the face or blind
end.
(2) No auxiliary fan shall be started, stopped, removed, replace or in any way
altered or interfered with, except by or on the authority of an official.

(3) No person shall enter or remain in any place which is dependent for its
ventilation on an auxiliary fan, unless such fan is operating efficiently.
Whenever the ventilation of any such place has been interrupted, whether by
the stoppage of the fan or otherwise, no person shall so enter or remain
therein, except for the purpose of restoring the ventilation, unless the place has
been examined by a competent person and declared safe.

137. Precautions against fire in ventilation appliances. - The covering of every shaft,
winze or rise sealed off or covered for ventilation purposes, every fan drift, duct or casing
an every part of a mechanical ventilator or fan within such drift, duct or casting, and
every air-crossing an ventilation door shall be constructed of fire-proof material :
 Provided that this regulation shall not apply to the small lid of a shaft covering
operated by the rope cappel.

138. Ventilation plants to be brought up-to-date. – As soon as any alteration is made in

the ventilation of a mine, involving the erection or removal of an air -crossing or stopping
or the alteration in the position or installation of a ventilator below ground, the erection,
removal, alteration or installation, as the case may be, shall be shown on the ventilation
plan maintained under-regulation 61.

139. Obstructions, interruptions and alterations. (1) No material or debris shall be

allowed to accumulate in any level, drive, crosscut or any other part of the working below
ground so as to impede the ventilation.

(2) Every roadway an working below ground which is not adequately ventilated
shall be fenced or barricaded so as to effectively prevent persons entering the same.
(7) If any person becomes aware of any obstruction in, or interference with, or
deficiencty of, ventilation in any mine or part thereof, he shall –

(a) if it falls within his power to remedy such obstruction, interference or

dificiency, immediately take steps to do so; or
(b) cease all work at that place, and shall forthwith inform his superior official
of such obstruction interference or deficiency.
(4) whenever there is any interruption of ventilation by the stoppage or any
mechanical ventilator, including an auxiliary fan, installed below ground, the
official in charge of the mine or part shall immediately take precautionary
measures including withdrawal of men, if necessary against dangers that may
arise out of non-compliance with the provisions of regulation 131, to restore
the ventilation in the mine or part.
(5) No person shall alter the general system of ventilation in any mine or part
except with the authority of the manger :

Provided that, in an emergency, an official or the mine may carry out such
alteration as he may deem necessary for the safety of persons, but he shall as
soon as possible inform his superior official an the manager about the same in
writing.

140. Precautio ns against gas during de-watering and re-opening.- (1) No disused mine or
shaft shall be de-watered except under the constant supervision of a no competent person
and during such de-watering, approved safety lamps or torches shall be exclusively used,
and there shall also be kept burning at every place where persons are at work at least on e
approved flame safety lamp.

(2) (a) The first inspection of a mine or part which is re-opened after a
discontinuance of mining o0erations for a period exceeding seven days and of any part of
amine after being de-watered shall be made by a competent person with an approved
flame safety lamp and during such inspection, no additional light or lamp other than an
approved electric torch or lamp shall be used.

(c) The result of every such inspection shall be recorded in a bound paged
book kept for the purpose, an shall be sighed and dated by the persons
making the inspection, and countersigned and dated by the manager.

141. Precautions against inflammable and noxious gases . – (1) For the purpose of this
regulation, inflammable gas shall be deemed to have been found or detected when it is
indicated by the lowered flame of a flame safety lamp or, where methane indicators are
used, they indicate one and a quarter percent, or more of inflammable gas.

(2) When any person detects the presence of inflammable gas, he shall not brush
or waft if out, but shall immediately withdraw from the place and shall inform his
superior official about the same.

(3)Where in any place in a mine, inflammable or noxious gas is detected, all

persons shall be withdrawn from the place, and the place shall be immediately
fenced off so as to prevent persons invariantly entering the same. The competent
person in charge shall, without delay, take steps to remove the gas by improving
the ventilation.
(4) During the removal of such gas all persons except those necessary for such
removal, shall be withdrawn from the return side of the ventilating district in
which the gas has been detected unless the quantity of gas is, in the opinion
of the competent persons, so small that such withdrawal is not necessary :

Provided that where the danger arises from the presence of inflammable gas,
no naked light shall be used in the ventilating district in which the gas is
detected.

(5) No person shall be re-admitted into the place where the gas was detected until
a competent person has examined the place and has reported that the place is
free from gas, Every such examination shall be made with an approved flame
safety lamp and, in the case of noxious gas, also with a cage containing
suitable birds or other means of detecting carbon monoxide gas approved by
the Chief Inspector.
(6) Particulars of every occurrence referred to in sub-regulation (2) and of every
examination made under sub-regulation(5) together with a statement as to
where and when the gas was found and when it was removed, and in case of
inflammable gas, the percentage thereof, shall be recorded in a bound paged
book kept for the purpose, Every such entry shall be signed and dated by the
competent person making the report, and countersigned and dated by the
manager.
(7) In any part of a mine to which regulations 123(1) and 142 apply, or where the
Regional Inspector may require by an order in writing, all unused workings
which have not been sealed off, shall once at least in every seven days be
 inspected by a competent person for the presence of inflammable or noxious
gas. A report of every such inspection shall be recorded in a bound paged
book kept for the purpose, and shall be signed and dated by the person who
made the inspection.

142. Safety lamps to be used in gassy mines. – No lamp or light other than an approved
safety lamp or torch or other installation permitted under the Indian Electricity Rules,
1956 shall be used or permitted to be used below ground in any mine, -

(a) in any part of a mine in which an explosion or ignition of inflammable gas has
occurred;
(b) in any ventilating district in which inflammable gas has been found; and
(c) in any place in which, in the opinion of the Regional Inspector, inflammable gas
is likely to be present in such quantities as to render the use of naked lights
dangerous :

Provided that if safety lamps are not immediately available in the case of any
mine to which clauses (b) and (c) apply, the Chief Inspector may, by an order in
writing and subject to such conditions as he may specify therein, grant a
temporary exemption from the operation thereof until such time as safety lamps
can be obtained :

Provided further that the Chief Inspector may, by an order in writing and
subject to such conditions as he may specify therein, exempt any mine or part
thereof from the operation of this regulation on the ground that on account of the
special character of the mine or part, the use of safety lamps is not necessary
therein.

143. Contrabands. – In every mine or part of which regulation 142 applies, the following
provisions shall have effect, namely –

(1) No person shall have in his possession belowground any cigar, cigarette, biri or
other smoking apparatus, or any match or other apparatus of any kind capable of
producing a light, flame or spark :

Provided that nothing in this sub-regulation shall be deemed to prohibit the use
belowground of any apparatus for the purpose of shot firing or of relighting safety
lamps, of a type approved by the Chief Inspector.

(2) For the purpose of ascertaining whether any person proceeding belowground has
in his possession any article as aforesaid, a competent person other than the
banksman, if any, shall be appointed to search every such person immediately
before he enters the mine. The competent person shall be on duty throughout the
shift, and no duties other than those under this regulation and regulation 149(2)
shall be entrusted to him.
 (3) The competent person so appointed shall make a thorogh search for the articles
aforesaid and in particular shall –

(a) search or turn out all pockets;

(b) pass his hand over all clothings; and
(c) examine any article in the possession of the person searched.

(4) If the competent person suspects that the person sea rched is concealing any
articles as aforesaid, he shall detain him, and as soon as possible refer the matter
tot he manager or assistant manager or underground manager. No such person
shall be allowed to enter the mine until the manager or other superior official is
satisfied that the person has no such article in his possession.
(5) Any person who refused to allow himself to be so searched or who on being
searched is found to have in his possession any of the article aforesaid, shall be
guilty of an offence against this regulation.

144. Determination of environmental conditions. – In every mine having workings

belowground extending to a depth of more than 50 metres from the surface,
determinations shall, once at lest in every 30 days be made of temperature, humidit y
and such other environmental conditions as the Regional Inspector may by an order
in writing stipulate,. at the blind end of every drivage and at such other points as the
Regional Inspector may specify.

145. Appointment of Ventilation Officer.- In the case of any mine having extensive
workings below ground, if the Chief Inspector by an order in writing so requires, the
manager shall be assisted by a Ventilation Officer, holding such qualification as the
Chief Inspector may specify in the order, who shall be responsible for supervising
the maintenance of the ventilation system of the mine in accordance with the
provisions of these regulations.

CHAPTER XIV – Lighting and Safety Lamps

146. General lighting .- (1) Adequate general lighting arrangements shall be provided
during working hours –

(a) on the surface where the natural light is insufficient : in every engin house, in the
vicinity of every working shaft, at every open cast working, at every shunting or
marshaling yard, and at very place where persons have to work; and
(b) belowground –

(i) at every shaft landing and shaft bottom or siding which is in regular use;
(ii) in every travelling roadway normally used by 50 or more persons during
any shift and in every working stope :
 Provided that the provisions of this clause shall be deemed to have been
complied with where electric or carbide lamps or lights are provided to
every workperson;
(iii) at the top ad bottom of every self-acting incline in regular use;
(iv) at every place on a haulage roadway, at which tubs are regularly coup led
or uncoupled or attached to or detached from a haulage rope;
(v) at every place at which tubs are regularly filled mechanically;
(vi) at every room and place containing any engine, motor or other apparatus
in regular use; and
(vii) at every first aid station below ground :

Provided that in a mine or part where regulation 142 applies, the lighting
fixtures shall comply with the provisions of the Indian Electricity Rules,
1956.

(2) The lighting provided in a mine shall, as far as possible, be so arranged as to

prevent glare or eye strain.
(3) Where electric energy is available at the mine, the lighting arrangement made
undr sub-regulation (1) shall unless otherwise permitted by the Chief Inspector by an
order in writing and subject to such conditions as he may specify by electrical means.
(4) Where electric lighting is used, an additional light or lamp having no
connection with electric supply shall be kept continuously burning –
(i) belowground, in every shaft bottom or landing in regular use and
in every engine room; and
(ii) on the surface, after dark, at the top of every working shaft and in
every engine room.
(5)Every electrical lamp- fitting shall be so constructed as to protect it from
accidental damage; and adequate precautions shall be taken to prevent lamps being
damaged from shot-firing.

147. Every person to carry a light. – The owner, agent or manager shall provide every
person employed belowground with a light or lamp adequate to enable him to
perform his duties in a proper and thorough manner and no such person shall proceed
or remain belowground without such light or lam.
148. Standards of lighting. – (1) If any doubt arises as to whether any amp or light is of
adequate lighting performance or not, it shall be referred to the Chief Inspector for
decision.

(2) The Chief Inspector may, from time to time, by notification in the Official
Gazette, specify –

(a) The type of lamp to be provided to specified categories of persons employed

in a mine; or
(b) The standard of lighting to be provided in specified areas or places in amine.
149. Maintenance and examination of safety lamps. – In every mine or part thereof in
which the use of safety lamps is for the time being required by or in pursuance of the
regulations, the following provisions shall have effect, namely –

(1) A competent person appointed for the purpose shall clean, trim, examine and
lock securely all such lamps before they are issued for use, and no such lamp
shall be issued for use unless it is in safe working order and securely locked.
(2) A competent person appointed for the purpose shall examine every safety lamp at
the surface immediately before it is taken belowground for use an shall assure
himself, as far as practicable from external observation that such lamp is in safe
working order and securely locked. \The person so appointed shall not perform
any other duties, other than those prescribed under regulation 143(2).
(3) A competent person appointed for the purpose shall examine every safety lamp
on its being returned after use. \If on such examination, any lamp is found to be
damaged or misused, he shall record the nature of the damage or misuse in a
bound paged book kept for the purpose Every such entry shall be countersigned
and dated by the manager.
(4) The manager, assistant manger, under ground manager or a competent person
appointed for the purpose shall, once at least in every seven days, examine
thoroughly every safety lamp in use, and shall record the result of examination of
every such lamp in a bound paged book kept for the purpose.
(5) No person shall be appointed as a competent person under this regulation unless
he holds a Gas testing Certificate.

150. Use of safety lamps. – (1) Every safety lamp shall be numbered, and so long as the
lamp is in use the number thereof shall be maintained in a legible condition.

(2) A competent person appointed for the purpose shall maintain a correct record of
the lamps issued from and returned to the lamp-room, and in the record so
maintained, the number of the lamp issued to and person shall be entered against his
name.

(3) If any person returns to the lamp-room a lamp other than the one issued to him,
he shall explain the cause and circumstances of the change.

(4) No unauthorized person shall either himself take or give out any safety lamp
from the lamp-room.

(5)Every person who receives a lamp shall satisfy himself that it is complete and in
good order; and should he find any effect therein, he shall immediately return it to
the lamp-room.

(6) No. person shall willfully damage or improperly use, or unlock or open, or
attempt to unlock or open any safety lamp.
 (7) Should any person find that the safety lamp in his possession has become
defective, he shall at once carefully extinguish the flame, if any, and report the
defect to his superior official.
151. Maintenance ad repairs of safety lamps. – (1) Every safety lamp shall be properly
assembled an maintained in good order. If any lamp is found to be defective or damaged,
it shall not be issued for use until the defect or damage has been remedied.

(2) If the wires of any gauge of a flame safety lamp are broken or burnt away, the
gauge shall not be reconditioned for further use.

(3) Damaged and defective gauges, glasses an other parts of a safety lamp shall
not be kept or stored in the safety lamp-room.

(4) No glass of a safety lamp and no bulb of an electric safety lamp, shall be
replaced except by a glass or bulb of such type as the Chief Inspector may, from time to
time specify by notification in the Official Gazette; and no other part of a safety lamp
(other than a wick or battery, as the case ma y be) shall be replaced except by a part
manufactured by the manufacturers of the lamp to approved specifications. No repaired
part shall be used in a safety lamp.

(5) In every flame safety lamp kept for the purpose of inspection or of testing for
or detecting the presence of inflammable gas, no oil other than an oil of a type approved
by the Chief Inspector shall be used.

152. Precautions to be taken in safety lamp-room. – (1) No unauthorised person shall

enter the safety lamp room.

(2) No person shall smoke in the safety lamp-room

(3) Where petrol, benzol, or any other highly voltile spirit is used in safety lamps,
the following precautions shall be observed–

(a) lamps shall be cleaned, refitted and refilled in a separate room;

(b) only such quantity of vo ltile spirit as is required for one working day shall be
kept in any such room;
(c) internal relighters shall not be taken out of lamps and cleaned, repaired or
refitted on the same table were lamps are cleaned, refitted or refilled; and
(d) adequate number of suitable fire extinguishers shall be provided and kept
ready for use in every such room.

`
CHAPTER XV – Explosives an Shotfiring
153. Type of Explosives to be used in mines. – No explosive shall be used in a mine
except that provided by the owner, agent or manager. The explosives provided for use
shall be of good quality an, as far as can be known, in good condition.

154. Storage of explosives. – (1) No owner, agent or manager shall store, or knowingly
allow any other person to store, within the premises of a mine any explosives otherwise
than in accordance with the provisions of rules made under the Indian Explosives Act,
1884.

(2) Explosives shall not be taken into or kept in any building except a magazine
duly approved by the Licencing Authority under the Indian Explosives Act, 1884 :

Provided that the Regional Inspector may, by an order in writing and subject to
such conditions as he may specify therein, permit the use of any store or premises
specially constructed at or near the entrance to a mine for the temporary storage of
explosives intended for use in the mine or of surplus explosives brought out of the mine
at the end of a shift.

(3) Explosives shall not be stored below ground in amine except with the approval
in writing of the Chief Inspector and subject to such conditions as he may specify therein.
Such storage shall be done only in a magazine or magazines duly licenced in accordance
with the provisions of rules made under the Indian Explosives Act, 1884.

(4) Every licence granted by the Licencing Authority under the Indian Explosives
Act, 1884 for the storage of explosives, or a true copy thereof, shall be kept at the office
of the mine.

155. Cartridges. (1) Unless otherwise permitted by the Chief Inspector by an order in
writing and sub ject to such conditions as he may specify therein, no explosive, other than
a fuse or a detonator, shall be issued for use in mine, or taken into or used in any part of a
mine, unless it is in the form of a cartridge. Cartridges shall be used only in the form in
which they are received.

(2) The preparation of cartridges from loose gunpowder, the drying of gunpowder
an the reconstruction of damp cartridges shall be carried out by a competent person and
only in a place approved by the Licencing Authority an in accordance with the rules
made under the Indian Explosives Act, 1884.

156. Magazines, stores and premises to store explosives. – (1) Every magazine, or store
or premises, where explosives are stored shall be in charge of a competent person who
shall be responsible for the proper receipt, storage an issue of explosives.

(2) Explosives shall not be issued from the magazine unless they are required for
immediate use. If any explosives are returned to the magazine or store or premises, they
shall be reissue before fresh stock is used.
 (3) Explosives shall be issued only to competent persons upon written requisition
signed by the blaster or by a official authorised for the purpose, and only against their
signature or thumb impression. Such requisition shall be preserved by the person in
charge of the magazine or store or premises.

(4) The person in charge of the magazine or store or premises shall maintain, in a
bound paged book kept for the purpose, a clear and accurate record of explosives issued
to each competent person and a similar record of explosives returned tot he magazine or
store or premises.

157. Cases and containers for carrying explosives. (1) No explosive shall be issued from
the magazine or taken into any mine except in a case or container of substantial
construction and securely locked. Cases or containers made of iron or steel shall be
heavily galvanised; and no case or container provided for carrying detonators shall be
constructed of metal or other conductive material.

(2) No detonator shall be kept in a case of container which contains other

explosives, materials or tools; and two or more types of detonators shall not be kept in the
same case of container :

Provided that nothing in this sub-regulation shall restrict the conveyance of

primer cartridges fitted with detonators in the same case or container for use in a wet
working or in a sinking shaft or winze.

(3) No detonator shall be taken out from a case or container unless it is required
for immediate use.

(4) No case or container shall contain more than five kilogrammes or explosives,
and no person shall have in his possession at one time in any place more than one such
case or container :

Provided that nothing in this sub-regulation shall prohibit the conveyance of

larger quantity of explosives in bulk for supplying an under ground magazine :

Provided further that the Chief Inspector may, by an order in writing and subject
to such conditions as he may specify therein, permit the carrying of a larger quantity of
explosives in a single case of container, or the use, at one time in one place, of more than
one such case or container.
(5)Every case or container shall be numbered; and as far as practicable, the same
case or container shall be issue to the same blaster or competent person, as the
case may be, every day.
(6) The key of every case or container shall be retained by the blaster in his own
possession throughout his shift.

158. Transport of explosives. – (1) While explosives in bulk are lowered or raised in a
shaft or winze, a distinguishing mark shall be attached to the cage, skip or bucket
containing the explosive; or the person in charge of explosives shall travel in the same
cage, skip or bucket.

(2) Every cage, skip or bucket containing explosives shall be gently lo wered or
raised; and it shall be the duty of the banksman or bellman, as the case may be, to
adequately warn the winding engineman before the cage, skip or bucket is set in
motion.

(3) Where explosives are being carried on a ladder, every case or container shall
be securely fastened to the person carrying it.

(4) No person other than a blaster shall carry any priming cartridge into a shaft
which is in the course of being sunk. No such cartridge shall b so carried except in
a thick felt bag or other container sufficient to protect it from shock.

159. Reserve Stations. – No case container containing explosives shall be left or kept
below ground except in a place appointed by the manager or assistant manger or
underground manager for the purpose and so situa ted that it is not frequented by
workpersons. Every such place shall be kept clean, safe and adequately fenced and
legibly marked ‘RESERVE STATION’.

160. Blasters. – (1) The preparation of charges an the charging and stemming of holes
shall be carried out by or under the personal supervision of a competent person, in these
regulations referred to as a ‘blaster’. The blaster shall fire the shots himself.

(2) No person shall be appointed to be a blaster unless he is the holder of

Manager’s, Foreman’s Mate’s or Blaster’s certificate.
(3) If 30 or more persons are employed belowground at any one time in any mine
or district under the charge of a competent person referred to in regulation
116, such person shall not perform the duties of a blaster.
(4) No person whose wages depend on the amount of mineral, rock or debris
obtained by firing shots, shall be appointed to perform the duties of a blaster.
(5) The manger shall fix, from time to time, the maximum number of shots that a
blaster may fire in any one shift; and such number shall not unless the
Regional Inspector by an order in writing ad subject to such conditions as he
may specify therein otherwise permits, exceed 80 in case they are fired
electrically or by means of an igniter cord and 50 in other cases, and shall be
based upon –

(i) the time normally require to prepare and fire a shot in accordance with
the provisions of these regulations;
(ii) the time required for that blaster to move between places where shots
are fired;
(iii) the assistance, if any, available to him in the performance of his said
duties; and
(iv) any other duties assigned to him, whether statutory or otherwise :
 Provided that the Regional Inspector may, by an order in writing an
subject to such conditions as he may specify, permit the manager to fix
the maximum number of shots to be fired by a blaster differently from
the limits specified in this sub-regulation.

(6) The number of detonators issued to, and in the possession of, a blastr during
his shift shall not exceed the maximum number of shots that he is permitted to
fire under sub -regulation (5).

161 Shotfiring tools. - (1) Every blaster on duty shall be provided with –

(a) a suitable electric lamp or torch ;

(b) a tool, made entirely of wood, suitable for charging and stemming
shotholes;
(c) a scraper made of brass or wood suitable for cleaning out shotholes;
(d) where fuses are used, a knife for cutting off fuses an, unless machine-
capped fuses are provided, also a pair of suitable crimpers for crimping
detonators; and
(e) where detonators are used, a pricker made of wood or a non-rerrous
metal for priming cartridges.

(2) No tool or appliance other than that provided as above shall be used by a
blaster.

162. Drilling, charging, stemming and firing of shotholes. – (1) No rill shall be used for
boring a shothole unless it allows a clearance of at least 0.3 centimetre over the diameter
of the cartridge of explosive which it is intended to use.

(2) No shothole shall be charged before it is thoroughly cleaned.

(3) Before any shothole is charged, the direction of the hole shall, where
practicable, be distinctly marked on the roof or other convenient place.

(4) No detonator shall be inserted into a priming cartridge until immediately

before it is to be use : however that in case of wt workings, priming cartridges
may be prepared at the nearest convenient dry place; and such primed cartridges
shall be cartied to the working place in a securely closed case or container.
Detonators once inserted into a priming cartridge shall not be taken out.

(5) Unless otherwise permitted by the Chief Inspector by an order in writing and
subject to such conditions as he may specify therein, the charge in any shothole
shall consist of one or more complete cartridges of the same diameter and the
same type of explosive.
(6) The blaster shall, to the best of his jud gment, ensure that no charge in a shothole
is over-charged of under-charged, having regard to the task to be performed.
 (7) No shothole shall be fired by a fuse less than 1.2 metres in length.
(8) Every shothole shall be stemmed with sufficient an suitable non- inflammable
stemming so as to prevent the shot from blowing out. Only sand loosely filled in,
or soft clay lightly pressed home, or a compact but not hard mixture of sand and
clay or water shall be used as stemming.
(9) In charging or stemming a shothole, no metallic tool, scraper or rod shall be
used; an no explosive shall be forcibly pressed into a hole of insufficient size.
(10) No shot shall be fired except in a properly drilled, charged an stemmed
shothole.
(11) Blasting gelatine or other high explosives shall not be lighted in order to
set fire to fuses; but specially prepared ‘kai-pieces’ of such explosives may be so
used. Such ‘kai-pieces’ shall be prepared only in the magazine, and a correct
record of the issue, use and return of such ‘kai-pieces’ shall be maintained in the
books kept under regulations 156(4) an 169(b).
(12) All surplus explosives shall be removed from the vicinity of a shothole
before a light is brought near it for the purpose of lighting the fuse.
(13) As far as practicable, a shot shall be fired by the same blaster who
charged it.
(14) In any mine in which explosives other than gunpowder are used, every
shot shall, if so required by the Regional Inspector, be fired electrically.
(15) No more than 10 holes shall be fired in one round unless they are fired
electrically or by means of an igniter cord.
(16) No shothole shall be charge except those which are to be fired in that
round; and all shotholes which have bee charged shall be fired in one round.
(17) Where a large number of shots has to be fired, a shotfiring shall, as far as
practicable, be carried out between shifts.
(18) No person shall remove any stemming otherwise than by means of water
or an approved device, or pull out nay detonator lead or remove any explosive
from any charged shothole.

163. Electric Shotfiring. – Where shots are fired electrically, the following provisions
shall have effect, namely :-

(1) (a) No shot shall be fired except by means of a suitable shotfiring apparatus;
an the number of shots fired at any one time by the apparatus shall not exceed
the number for whichit is designed.
(b)Every electrical shotfiring apparatus shall b so constructed and used that –
(i) it can only be operated by a removable handle or plug. This
handle or plug shall not be placed in position until a shot is
about to be fired and shall be removed as soon as a shot has
been fired; and
(ii) the firing circuit is made an broken either automatically or by
means of a push-button switch.
(c) (i) No apparatus shall be used which is defective; an every apparatus
shall m once at least in every three months, be cleaned an thoroughly
overhauled by a competent person.
 (ii)If the apparatus fails to fire all the shots in a properly connected
circuit, the blaster shall return the apparatus to the manger or assistant
manager or underground manager as soo n as possible, and it shall not
be use again unless it has been tested on the surface and found to be in
safe working order.
(iii) The result of every overhaul test or repair is aforesaid shall be
recorded in a bound paged book kept for the purpose an shall
be signed an dated by the person making the overhaul, test or
repair.

(2) No current from a signalling, lighting or power circuit shall be used for firing
shots.
(3) The blaster shall –
(a) retain the key of the firing apparatus in his possession throughout his shift;
(b) use a well- insulated cable of sufficient length to permit him to take proper
shelter, and in no case, shall this cable be less than 20 meters in length;
(c) before coupling the cable to the firing apparatus, couple up the cable
himself to the detonator leads;
(d) take care to prevent the cable from coming into contact with any power or
lighting cable or other electrical apparatus;
(e) take adequate precautions to protect electrical conductors and apparatus
from injury;
(f) himself couple the cable to the firing apparatus; an before doing so, see
that all persons in the vicinity have taken proper shelter as provided under
regulation 164; and
(g) after firing the shots and before entering the place of firing, disconnect the
cable from the firing apparatus.

(4) Where more than one shot are to be fire at the same time :-

(a) care shall be taken that all connections are properly made;
(b) all shots if fired belowground shall be connected in series;
(c) the circuit shall be tested either for electrical resistance or for continuity
before connecting it to the firing apparatus. Such a test shall be made with
an apparatus specifically designed for the purpose and after the provisions
of regulation 164 have been complied with; and
(d) the cable to the shotfiring apparatus shall be connected last.

164. Taking shelter etc. – 1[(1) The blaster shall, before a shot is charged, stemmed or
fired, see that all persons other than his assistants, if any, in the vicinity, have taken
proper shelter and he shall also take suitable steps to prevent any person approaching the
shot and shall himself take adequate shelter, along with his assistants if any, before firing
the shots.

(1-A) in the case of an opencast working the blaster shall not charge or fire a shot
–
 (a) unless he has taken the precautions laid down in sub-regulation (1).
(b) Unless sufficient warning, by efficient signals or other means
approved by the manager, is given over the entire area falling within a
radius of 300 metres from the place of firing (hereinafter referred to as
the danger zone) an also he has ensured that all persons within such
area have taken proper shelter, and
(c) Where any part of a public road or railway lies within the danger zone,
unless two persons are posted, one in either direction at the two
extreme points of such road or railway which fall within the danger
zone who have, by an efficient system of telephonic communication or
hooter or loudspeakers or other means approved by the Chief Inspector
or Regional Inspector intimated clearance of traffic to the blaster and
have also warned the passers by and whenever possible the vehicle
also, if any, which have passed by such road or railway :

Provided that if blasting is done in such a manner approved in writing,

by the Chief Inspector or Regional Inspector , that the flying fragments
from blasting cannot project beyond a distance of ten metres from the
place of firing, the provisions of clauses (b) and (c) need not be
complied with,

(1-B) (a) In the case of an opencast working, where any permanent building or
structure of permanent nature, not belonging to the owner, lies within the danger zone,
the aggregate maximum charge in all the holes fired at one time shall not exceed two
kilograms unless permitted in writing by the Chief Inspector of the Regional Inspector
and subject to such conditions as he may specify therein :

Provided that if blasting is done with delay detonators or other means an that there
is a delay of at least half a second between successive shots fired, a maximum charge of
two kilograms can be used in each hole;

Provided further that if the shortest distance from the place of firing to any part
of such building or structure is less than 50 metres irrespective of the amount of the
charge, no blasting shall be done except with the permission in writing of the Chief
Inspector or the Regional Inspector and subject to such conditions as he may specify
therein.

(b)Notwithstanding anything contained in clause (a) the Chief Inspector may, by an

order in writing and subject to such conditions as he may specify, exempt any mine
or part thereof from the operation of all or any of the provisions of clause (a) on the
ground that the observance of its provisions is not necessary or reasonably
practicable on account of the special conditions existing thereat].

(2) Where the workings, either above or belowground, offer insufficient

protection against flying fragments or missiles, adequate shelter or other protection shall
be provided.
 (3) When two working places belowground have approached within three metres
of each other, the blaster shall not fire any shot in any one of the said workings unless all
persons have been withdrawn from the other working place and the same has been so
fenced off as to prevent persons inadvertently coming in direct line of the shot.

(4) In any mine to which regulation 142 appliles, the following provisions shall
have effect, namely :-

(a) Notwithstanding anything contained in the regulations, no shot shall be

stemmed or fired by any person who does not hold either a Manager’s
Certificate, or Foreman’s or Mate’s Certificate together with a Gas-testing
Certificate.
(b) Where more shots than one are charged for firing, the shots shall be fired
simultaneously. No delay-action detonator shall be used, except with the
previous permission in writing of the Chief Inspector and subject to such
conditions as he may specify therein.
(c) If in ventilating district, presence of inflammable gas is detected in any
place, no shothole shall be charged, stemmed or fired in that place or in
any other place situated on its return side till such place has been cleared
of gas and declared safe.
(d) Immediately before charging a shothole or a round of shotholes, and again
before firing the shots, the blaster shall carefully test for inflammable gas
at all places within a radius of 20 metres of the place of firing.

166. Inspections after shotfiring. – (1) After4 a shot has been fired, no person other than
the blaster or any other competent person holding a Manger’s or Foreman’s Certificate
appointed for the purpose by the Manager shall enter, or allow any other person to enter,
the place until the area is free from dust, smoke or fumes. The blaster or other competent
person shall, before any other person enters the place, make a careful examination and
with his assistants, if any, make the place safe. No other person shall enter the place and
where guards have been posted, they shall not be withdrawn until the examination has
been made and the place has been declared to be safe in all respect. In the case of
opencast workings, after shots have been fired, an all clear signal shall be given except in
the case of a misfire.

(2) After shots have been fired, all persons engaged in clearing mineral, rock or
debris shall look for unexploded cartridges and detonators. If such a cartridge and
detonator is found, it shall be removed and shall as soon as possible be handed over to a
blaster or other official.

167. Misfires. – (1) The number of shots which explode shall, unless shots are fired
electrically or by means of an igniter cord, be counted by the blaster and another
competent person authorized for the purpose; and unless it is certain that all the shots
have been exploded, no person shall re-enter or be permitted to re-enter the place until 30
minutes after the firing of shots :
 Provided that where shots are fired electrically, this interval may be reduced to
not less than five minutes after the source of electricity has been disconnected from the
cable.

(2) In the event of a misfire, the entrance or entrances to the working place shall
be barricaded or fenced so as to prevent inadvertent access; and no work other than that
of locating or relieving the misfire shall be done therein until the misfire has been located
and relieved. In opencast workings, it shall be sufficient to mark the place of the misfire
with a red flag.

(3) In the event of a misfire, the tamping may be sludged out with compressed air
or water under pressure or removed by such other means as may be approved in writing
by the Chief Inspector and subject to such conditions as he may specify therein. The hole
shall thereafter be reprimed and fired.

(4) If the misfire contains a detonator, the leads or fuse thereof shall be attached
by a string to the shotfiring cable or some distinctive marker.
(5) Except where the misfire is use to faulty cable or a faulty connection, and the
shot is fired as soon as practicable after the defect is remedied, or where a shot
has been reprimed and fired under sub-regulation (3) another shot shall be
fired in a relieving hole which shall be so placed and drilled in such a
direction that at no point shall it be nearer than 30 centimetres from the
misfired hole.. the now hole shall be bored in the presence of a blaster,
preferably the same person who fired the shot.
(6) After a relieving shot has been fired, a careful search for cartridges and
detonators, if any, shall be made in the presence of the blaster or other
competent person holding a Manager’s or Forman’s certificate approve for the
purpose by the Manager amongst the material brought down by the shot :

Provided that in the case of workings belowground if such cartridge or

detonator is not recovered, the tubs into which the material is loaded shall be
marked and a further search made on the surface. As far as practicable the
search for the detonators and cartridges and the loading of any ore stone or
debris which may contain a detonator, shall be carried out without the aid of
tools.

(7) If a misfired hole is not dislodged by a relieving shot, ,the procedure laid
down I sub-regulation (5) and (6) shall be repeated. A misfired hole which
cannot be dealt with in the manger so prescribed, shall be securely plugged
with a wooden plug; an no person other than a blaster a mining official or a
person authorised for the purpose shall remove or attempt to remove such
plug.
(8) When a misfired shot is not found, or when a misfired shot is not relieved or
reblastered, the blaster shall, before leaving the mine, give information of the
failure to such official as may relieve or take over charge from him. He shall
 also record, in a bound paged book kept for the purpose, a report on every
misfire, whether suspected, and whether relieved or not relieved. It shall be
the responsibility of the relieving blaster or official also to sign the report and
later to record in the said book the action taken for reliving the misfired
shothole.
(9) The blaster of the next shifts shall locate an reblast the misfired hole, but if
after a thorough examination of the place where the misfire was reported to
have occurred, the blaster or other competent person holing a Manager’s or
Foreman’s certificate appointed for the purpose by the Manger, is satisfied
that no misfire had actually occurred, the may permit drilling in the place.

168. Precaution in as of sockets etc. – (1) Before the commencement of drilling in any
working place, the competent person in charge of the place shall see that all looser rock is
removed from the face and the area lying within a radius of two metres of the proposed
shothole is thoroughly cleaned or washed down with water and carefully examined for
the presence of misfires or sockets :

Provided that where special conditions exists, the Chief Inspector may, by an
order in writing and subject to such conditions as he may specify therein, grant a
relaxation from these provisio ns.

(2) If any socket is found, it shall be dealt with in the manner prescribed in
regulation 167.

(3) No person shall bore out a hole that has once been charged, or attempt to
withdraw a charge either before firing or after a misfire, or deepen or tamper with any
empty hole or socket left after shotfiring.

169. Duties of blaster at the end of his shift . _Immediately after the end of his shift, the
blaster –

(a) shall return all unused explosive to the magazine, or where a store or premises
or underground magazine is provided under regulation 153, to such store or
premises or magazine; and
(b) shall record, in a bound paged book kept for the purpose, the quantity or
explosive taken, used an returned, the places where shots were fired and the
number of shots fired by him, and misfires, if any. Every such entry shall be
signed and dated by him.

170. General precautions regarding explosives. (1) No person, whilst handling explosives
or engaged or assisting in the preparation of charges or in the charging of holes, shall
smoke or carry or use a light other than an enclosed light, electric torch or lamp :

Provided that nothing in this sub-regulation shall be deemed to prohibit the use of
an open light for lighting fuses.
 (2) No person shall take any light other than an enclosed light, electric torch or
lamp into any explosive magazine or store or premises.

(3) No person shall have explosives in his possession except as provided for in
these regulation, or secret or keep explosives in a dwelling house.

(4) Any person finding any explosives in or about a mine shall deposit the same
in the magazine or store or premises. Every such occurrence shall be brought
to the notice of the manager in writing.

CHAPTER XVI - Machinery and Plant

171. Use of certain machinery belowground. – (1) No internal combustion engine or

steam boiler shall be used belowground in a mine expect with the permission in writing
of the Chief Inspector and subject to such conditions as he may specify therein.

(2) In every mine or part of a mine to which regulation 142 applies, only
flameproof electric apparatus and equipment shall be used belowground
unless otherwise provided for under the Indian Electricity Rules, 1956.

172. General provisions about construction and maintenance of machinery. – All parts
and working gear whether fixed or movable, including the anchoring and fixing
appliances, of all machinery and apparatus used as or forming part of the equipment of
amine, an all foundations in or to which any such appliances are anchored or fixed shall
be of good construction, suitable material, adequate strength and free from visible defect,
and shall be properly maintained.

173. Apparatus under pressure. – (1) All apparatus, used as or forming part of the
equipment of a mine, which contains or produces air, gas or steam at a pressure greater
than atmospheric pressure shall be so constructed, installed and maintained as to obviate
any risk of fire, bursting, explosion or collapse or the production or noxious gases.

(2) Every air receiver forming part of a compressing plant shall be fitted with a
safety valve and an air gauge which shows pressure in excess of the atmospheric
pressure.
(3) Before an air-received is cased in or put in commission, the engineer or other
competent person shall subject it to a hydraulic test at a pressure at least one -
and-a-halftimes the maximum permissible working pressure. A similar test
shall be made after every renewal or repair and in any case at intervals of not
more than three years. The result of every such test shall be recorded in a
bound paged book kept for the purpose and shall be signed and dated by the
person carrying out the test.
(4) The supply of air for air-compressors shall be drawn from a source free from
dust and fumes.
174. Precautions regarding moving parts of machinery – (1) Every winch or windlass
shall be provided with a stopper, pawl or other reliable holder.

(2) Every fly- wheel and every other dangerous exposed part of any machiery used
as, or formig part of, the equipment of a mine shall be adequa tely fenced by suitable
guards of substantial construction to prevent danger; and such guards shall be kept in
position while the parts of th machinery are in motion or in use, byt they may b removed
for carrying out any examination, adjustment or repair if adequate precautions are taken.

(3) No person shall, or shall be allowed to, repair, adjust, clean or lubricate
machinery in motion where there is risk or injury.

(4)No person shall, or shall be allowed to, shift or adjust a driving belt or rope
while the machinery is in motion unless a proper mechanical appliance is
provided and used for the purpose.

(5) No person in close proximity to moving machinery shall wear, or be

permitted to wear, loose outer clothing.
(6) No unauthorised person shall enter any engine room or in any way interfere
with the engine.

175. Engine rooms an their exits. – Every engine, motor an transformer room on the
surface an every room in which highly inflammable materials are stored on the surface
shall be kept clean, an be provided with at least two exists, Every such exit shall be
properly maintained and kept free from obstruction.

176. Working and examination of machinery. (1) No machinery shall be operated

otherwise than by or under the constant supervision of a competent person.
(2) In every mine to which regulation 142 applies, no person shall be appointed
to supervise or operate any electrical machinery, apparatus or appliance other
than a telephone or signalling vice or an electric lamp or light unless he holds
a Gas-testing Certificate.
(3) Every person in charge of any machinery, apparatus or appliance shall, before
commencing work, see that it is in proper working order; an if he observes
any defect therein, he shall immediately report the fact to the manager,
engineer or other competent person.
(4) Every person in charge of an air-receiver shall see that no extra weight is
added to the safety valves and that the permissible pressure of air is not
exceeded.
(5) A competent person or persons appointed for the purpose shall, once at least
in every seven days, make a thorough inspection of all machinery and plant in
use, and shall record the result thereof in a bound paged book kept for the
purpose.

CHAPTER XVII – Miscellaneous

177. Fences. (1) Every tank or reservoir or other dangerous place in or about a mine,
which has been formed as a result of, or is used in connection with, mining operations,
shall be kept securely fenced.

(2) Every fence erected on the surface shall, once at least in every seven days, be
examined by a competent person. A report or every such inspection shall be recorded in a
bound paged book kept for the purpose, and shall be signed and dated by the person who
made the examination.

(3) Any fence, gate or barricade may be temporarily removed for the purpose of
repairs or other operations, if adequate precautions are taken.

(4) If any doubt arises as to whether any fence, guard, barrier or gate provided
under these regulations is adequate, proper or secure, or as to whether the
precautions taken under sub -regulation(3) are adequate, it shall be referred to
the Chief Inspector for decision.

178. Notices. – where at any place smoking or unauthorised entries prohibited, notices to
that effect shall be posted at conspicuous places at every entrance to the place.

179. Storage belowground of calcium carbide. – Calcium carbide shall not be taken or
kept belowground until about to be used, except in a secure metal case or container
containing not more than half a kilograme in weight thereof. No person shall have in the
mine at any one time more than one such case or container.

180. Danger from poisonous substances. - (1) At every mineral dressing or separating
plant where cyanide or other poisonous substance is used, there shall be kept a sufficient
supply of a satisfactory and efficient antidose for poisoning.

(2) Water containing poisonous or injurious matter in suspension or solution must

be effectively fenced off to prevent inadvertent access to it, and notice boards shall be put
up at suitable places to warn persons from making use of such water.

(3) In no case shall water containing any poisonous matter in suspension or

solution in a dangerous concentration be permitted to escape.

181. General Safety. – No person shall negligently or wilfully to anything likely to

endanger life or limb in the mine, or negligently or wilfully omit to do anything
necessary for the safety of the mine or of the persons employed therein.

1[182. Use, Supply maintenance of protective Footwear. – (1) No person shall go into, or
work in, or be allowed to go into, or work in, a mine, unless he wears a protective
footwear of such type as may be approved by the Chief Inspector by a general or special
order in writing.
(2) The protective footwear referred to in sub-regulation(1) shall be supplied free
of charge, at intervals not exceeding six months, by the owner, agent or manager of a
mine, who shall at all times maintain a sufficient stock thereof in order to ensure
immediate supply as and when need for the same arises. Where a protective footwear is
provided otherwise than as aforesaid, the supply shall be made on payment of full cost.

(3) The owner, agent of manager of a mine shall provide at suitable places in the
mine dubbing and revolving brushes or make other suitable alternative arrangements for
the cleaning of protective footwear by the persons using them. It shall however be the
responsibility of the person supplied with the protective footwear to arrange the repair of
the same at his own cost.

182A. Use and supply of helmet. (1) No person shall go into, or work, in or be allowed
to go into or work in, a mine, other than the precincts of a mine occupied by an office
building, canteen, creche, rest shelter, first aid room or any other building of a similar
type, unless he wears a helmet of such type as may be approved by the Chief Inspector by
a general or special order in writing :

Provided that where the Chief Inspector is of the opinion that due to special
circumstances it is not necessary of reasonably practicable for any person or class of
persons going into, or working in, a mine to wear a helmet, he may, by a general or
special order in writing and subject to such conditions as he may specify therein, exempt
such person or class of persons, from the operation of the provisions of this sub-
regulation.

(2) The helmet referred to in sub-regulation(1) shall be supplied free of charge, at

intervals not exceeding three years or such other interval as the Chief Inspector may
specify by a general or special order in writing by the owner, agent or manager of a mine,
who shall at all times maintain a sufficient stock thereof in order to ensure immediate
supply as and when need for the same arises :

Provided that when a helmet is accidentally damaged during legitimate use, the
owner, agent or manager shall immediately replace the damaged helmet free of cost.

(3) Where a helmet is provided otherwise than as aforesaid, the supply shall be
made on payment of full cost.

182B. Supply of other protective equipment. – (1) Where is appears to the Regio nal
Inspector or the Chief Inspector that any person or class of persons employed in a mine is
exposed to undue hazard by reason of the nature of his employment, he may, by a general
or special order in writing, require the owner, agent or manager of the mine to supply to
such person or class of persons, free of charge, gloves, goggles, shinguards, or such other
protective equipment as may be specified in the order.
 (2) The protective equipment provided under sub-regulation(1) shall be replaced
free of charge by the owner, agent or manager whenever it is rendered unserviceable by
legitimate use. In any other event, the replacement shall be made on payment of full cost.

(3) If any dispute arises as to the life of any protective equipment, it shall be
referred to the Chief Inspector for decision.

182C. Obligation of persons provided with protective equipment. – Whenever any person
is supplied by the owner, agent or manager of a mine with any protective equipment, he
shall use the same while doing the work for which he is supplied with such protective
equipment.]

183.Information about sickness. – Every official or competent person shall, in case of

sickness or of absence, give early and sufficient notice thereof to his superior official or
the underground manager or the assistant manager or the manager, as the case may be, so
that a substitute may be arranged.

184. Man power Distribution Plan. – During the first week of every month, a survey shall
be made of the number of persons normally employed in every district and other places
belowground in the mine; an a sketch plan showing the results of such a manpower
survey, and signed and dated by the manager, shall be kept in the office of the mine and a
copy thereof shall be kept with the attendance clerk.

185. Mining Mates and Mine Foreman. – (1) No person shall be appointed as a
competent person under regulations 37(1), 72, 101, 120(2), 123(4), 135(5), 136(3) and
140(2) unless he is the holder of either a Foreman’s or a Manager’s Certificate :

Provided that in the case of mine having working belowground, the certificate
aforesaid shall be one which is not restricted to mines having opencast workings only.

(2) No person shall be appointed as a competent person under regulations,

116,117,125,128(2)(c), 140(1) and 141, unless he is the holder of either a Mate’s or a
Foreman’s or a Manager’s Certificate :

Provided that –

(a) in the as of a mine having workings belowground, the certificate aforesaid

shall be one which is not restricted to mines having opencast workings only;
and
(b) in the case of a mine to which regulation 142 applies, every person holding a
Mate’s or Foreman’s Certificate shall also hold a Gas-testing Certificate.

186. Delayed application of certain provisions. – The provisions of regulations 32, 34, 35,
37, 38, 160(2), 176(2) and 185 shall not come into force1 in respect of any mine and the
provisions of Regulation 78(1) shall not come into force1 in respect of any mine other
than a gold mine until such date or dates as the Central Government ma y notify in that
behalf in the Official Gazette :

Provided that, till such date as aforesaid, if any doubt arises as to whether any
person appointed as a manager, assistant manager, underground manager, surveyor, mine
foreman, mining mate, winding engine man or blaster is competent to perform the duties
assigned to that post, it shall be referred to the Chief Inspector for decision.

187. Officials to be literate. – After coming into force of these regulations, no person
shall be appointed as an official of a mine unless he is literate and is conversant with the
language of the district in which the mine is situated or with the language understood by a
majority of the persons employed in the mine :

Provided that this regulation shall not apply to any official employed in any mine
on the date of coming into force of these regulations :

Provided further that so much of this regulation as requires a person to be

conversant with the language of the district or of the majority of persons shall not apply
to assistant managers, underground managers, engineers, and surveyors.

188. Writing of reports. – If any person required to make any report is unable to write, he
shall be present when his report is written for him, and shall have it read over to him, and
shall then attach his thumb mark to it or sign it. The person writing the report shall certify
that it has been read over to the person for whom it was written, and shall sign the
certificate an date his signature.

189. Payment of fees. – Any fees payable under these regulations shall be paid directly
into the Treasury or a branch of the State Bank of India or by means of a Crossed Indian
Postal Order and the receipt of the Treasury or Bank or Postal Order shall be sent to the
Chief Inspector along with the application to which the fee relates.

2[190. Place of accident. – (1) Whenever an accident occurs in or about a mine causing
loss of life or serious bodily injury to any person, the place of accident shall not be
disturbed or altered before the arrival or without the consent of the Chief Inspector or the
Inspector to whom notice of the accident is required to be given under sub-section (1) of
section 23 of the Act unless such disturbance or alteration is necessary to prevent any
further accident, to remove bodies of the deceased, or to rescue any person from danger,
or unless discontinuance of work at the place of accident would seriously impede the
working of the mine:

Provided that the work may be resumed at the place of accident in case the chief
inspector or the inspector fails to inspect the place of accident within seventy-two hours.

(2) Before the place of accident involving a fatal or serious accident is disturbed
or altered due to any reason whatsoever, a sketch of the site illustrating the accident and
all relevant details shall be prepared (in duplicate) and such sketch shall be duly signed
by the manager or assistant manager, safety officers, surveyor and the workmen’s
inspector or, where there is no workmen’s inspector by a work person nominated by the
workers in this behalf :

Provided that, if the place is disturbed or altered to prevent further accident or

rescue persons from danger before the sketch could be prepared, the same shall be
prepared immediately thereafter giving all relevant details as existed before the place was
disturbed or altered.

(3) One of the authenticated sketches shall be delivered or sent to the concerned
inspector or Mines.

190A. Emergency plan. – (1) The manger of every mine having workings below ground
shall prepare a general plan of action for use in time of emergency. The plan shall outline
the duties and responsibilities of each mine official and men including the telephone
operators, so that each person shall know his duties in case fire, explosion or other
emergency occurs. All official and key men shall be thoroughly instructed in their duties
so as to avoid contradictory orders and confusion at the time when prompt and efficient
action is needed. The emergency plan shall also provide for mock rehearsals at regular
intervals.

(2) The manager shall submit a copy of the aforesaid emergency plan prepared by
him to the regional inspector, within 60 days of the coming into force of the Metalliferous
Mines (Amendment) Regulations, 1985, or in the case of a mine which is opened or re-
opened thereafter, within 30 days of such opening or re-opening. The regional inspector
may, by an order in writing approve of such action plan, either in the Form submitted to
him or with such additions and alterations as he may think fit, and the action plan so
approved shall be enforced at the mine.

(3) On receiving information of any emergency, the manager and his absence the
principal official present at the surface, shall immediately put emergency action plan in
operation.]

191. Taking samples from mines. – Where for official purposes, an Inspector considers it
necessary to take samples of any mineral, rope or other material, the owner, agent or
manager shall make over to him such samples in such quantities as he may require.

1[192. * * * * *

193. Chief Inspector etc. to exercise powers of the Regional Inspector. – Any power
granted under these regulations to the Regional Inspector may be exercised by the Chief
Inspector or an Additional Chief Inspector or a Deputy Chief Inspector or any other
Inspector authorised in writing in this behalf by the Chief Inspector.

194. Appeals to the Chief Inspector.- Against an order made by the Regional Inspector
under any of these regulations, an appeal shall lie, within 15 days of the receipt of the
order by the appellant, to the Chief Inspector who may confirm, modify or cancel the
order.

195. Appeals to the Mining Boards or the Central Government. – (1) Against any order of
the Chief Inspector specified below an appeal shall lie, within 20 days of the receipt of
the order by the appellant, to the 2[Committee constituted under section 12 of the Act[]:

(i) Original orders passed under proviso to regulation 34(2), regulation

107(3), regulation 109(1), and regulation 109(4), regulation 110,
regulation 111(2), regulation 123(1), regulation 127(2), and regulation
128(2).
(ii)Orders passed on appeal against Regional Inspector’s orders made under
regulation 108, clause (a) of regulation 112(2), clause (e) of regulation 119(3)
and clause (b) of regulation 123(3) .

(2) Every order of the Chief Inspector, against which an appeal is preferred under
sub-regulation(1) shall be complied with pending the receipt at the mine of the decision
of 3[the committee] :

Provided that 3[the committee] may on application by the appellant, suspend the
operation of the order appealed against pending the disposal of the appeal.

196. Repeal and Saving. – The Indian Metalliferous Mines Regulations, 1926 and the
Mysore Gold Mines Regulations, 1953 are hereby repealed :

Provided that all acts done or orders issued under any of the said regulations shall,
so far as they are not inconsistent with these regulations, be deemed to have been done or
issued under the corresponding provisions of these regulations.

FIRST SCHEDULE

FORM I
(See Regulations, 3,6,7,8)
Notice of opening, closing or change etc.

From
…………………………..

……………………………

To

1. The Chief Inspector of Mines Dhanbad, E.R.

2. The regional Inspector of Mines ………………………..
3. …………………………………………………………..
4. …………………………………………………………..

Sir,
 I have to furnish the following particulars in respect of (I) ……………… at …………(Name)
………….(mineral) mine of ……………………………(owner) :
____________________________________________________________________________________
1. *In case of CHANGE OF NAME OR MINE :
old name of mine …………………….. date of change ……………………………..
____________________________________________________________________________________

2. (a) Situation of the mine : Village …………………………… Police Station ………………..Sub-

Division (Taluq) …………………State………………………………….
*(b) In case of ANEW MINE, particulars of situation of mine :
Post Office ……………………….. Telegraph Office ……………………………………..
Railway Station …………………………………… Rest House ………………………………….
(Give distance therefrom)
Means of travelling ………………………………………………

____________________________________________________________________________________
Present Previous*
3. (a) Name and Postal address of (ii)
(a) Owner ………………………..
(b) Managing agent ,if any …………..
(c) Agents, if any………………….
(d) Manager ………………………
*(b) In case of change, date of change ………………….
____________________________________________________________________________________

*4. (a) Name and qualifications etc. of Manager/Assistant Manager/Underground Manger/

Engineer/Surveyor (iii) whose appointment is terminated/who is appointed (iii):

(b) Date of appointment/termination of appointment (iii) :

____________________________________________________________________________________
*5 Date on which it is intended to open/re-open/abandon/discontinue (iii) the mine :
____________________________________________________________________________________
*6 Actual date of opening/Re -opening abandonment/discontinuance (iii) of the mine :
____________________________________________________________________________________

Yours faithfully,
Signature …………………………
Designation : Owner/Agent/Manager
Date ………………………………..

INSTRUCTIONS
(i) Mention the matter to which the notice refers.
(ii) Need not be filled in if the notice relates to Item 4,
(iii) Delete whatever is not applicable.
*Only such columns to be filled in respect of which notice in given.
-------------

FORM II
(See Regulation 4)
Quarterly Return for the quarter ending ………..19

1. Name of mine ………………….Mineral worked …………………….postal address of mine ……….

2. Situation of Mine : Place District ……………………………..
 State …………………….
3. Name of Owner …………………………
Postal address of owner………………
4. Name of managing agents, if any ………………
Postal address of managing agents, ………..
5. Name of agent, if any…………………………….
Postal address of agent ………………………
6. Name of manager ………………………………..
Postal address of manager …………………..
7. Tables A to C duly filled in, are attached.
Certified that the information given above and in Tables A to C below is correct to the gest of my
knowledge.

Yours faithfully,
Signature …………………………
Designation : Owner/Agent/Manager

TABLE A
MACHINERY
(I) Number in use

1. Rock drills :

(i)
(ii)
(iii)

2. Heavy earth moving machinery :

(i)
(ii)
(iii)
(iv)

(v)

3. Mechanical loaders used below ground :

(i)
(ii)
(iii)

4. Conveyors : (2)
(i)
(ii)
(iii)
_____________________________________________________________________

Signature of person
Signing the return

INSTRUCTIONS
(1) Give types separately.
(2) Give length in metres.

1[TABLE A-I – OUTPUT, DESPATCH AND STOCKOFMICA* (in kilogrammes)

1 2 3 4 5 6
Stock at the Output during Sale or Dispatches during the Stock at the
beginning of the quarter quarter end of the
the quarter quarter
Consigned by Sold locally
rail or road
Crude mica

Dressed Mica

Mica Splittings

Waste Mica

Signature of person
Signing the return

INSTRUCTIONS

*If any other mineral, such as beryl, is also produced from the mine, particulars relating to such minerals
shall be given in Table A-II

TABLE A-II – OUTPUT, DESPATCH AND STOCK OF MINEALS OTHER THAN MICA (a)
Mineral Stock at the Output of Sale or dispatches during he Stock at the Metal
worked (b) beginning of mineral (c) quarter end of the extracted if
the quarter during the quarter any (b)
quarter
For export For home Name Qty.
market consumption

Signature of person
Signing the return

INSTRUCTIONS

(a) The figures should be stated

(i) in the case of gem-stones, in carats ;
(ii) in the case of gold, silver and other precious metals, in grams;
(iii) in the case of alum, amber, asbestos, beryl, graphite, jadestone, stealite, tin-ore, tungsten-ore,
radio active minerals and rare minerals, such as, molybdenite, monazite, pitch blende,
samarskite, tantalite and triplite, and also in case of tin, in kilogrammes; and
(iv) in the case of clay, limestone, magnesite, marble, phosphetic rock, slate, salt and other stone,
and all metalliferous ores except those referred to above, and also in case of other metals, in
tonnes.
(b) If more than one mineralsare raised or metals extracted, separate figures should be given for each one
of them.
(c) If the mineral is dressed, processed or treated before despach, the output of the dressed, processed or
treated mineral (instead of crude ore), as the case may be, should be given].
 TABLE B
NUMBER OF MAN-DAYS ETC.

Give maximum number of persons employed on any one d ay during the quarter-
(i) in workings belowground on ……………………….(a)……………………………
(ii) in all in the mine on ………………………………..(a) ……………………………

Number of working days during the quarter :

Aggregate number of Aggregate number of man days lost on account of absence

mandays workerd

(b) (c) (d) (e)

Below ground Men Women sickness Accident Leave Other cause Total
(i) Face
Workers
and
Loaders
(ii) Others
Opencast Workings :

(i) Miners &

Loaders
(ii) Others(f)
Above ground :
Total

If there is any marked increase or decrease in attendance or absence, please account for it.

Signature of person
Signing the return _____________

INSTRUCTIONS

(a) Give day of the week and the date and month.
(b) The information should cove all persons “Employed” in the mine as defined in clause(h) of section 3
of the Mines Act, 1952, including clerical and subordinate supervisory staff.
(c) Total number of man-days worked should be obtained by adding the daily attendance for the whole
quarter
(d) Total number of man-days lost by absence should be obtained by adding the daily absences for the
whole quarter.
(e) Absences should include all cases in which a person is “scheduled to work” or is expected to turn up
for work, but does not. All permanent employees are to be treated as “Schedule” to work. So far as
temporary or casual employees are concentrated a person who attended work during the preceding
week should be considered as scheduled to work during the week under consideration unless :
(i) He has reported his intention to quit, or
(ii) His services have been terminated by the management, or
(iii) He does not turn up for work during the whole week.
 A person who has not worked during the preceding week, should be considered as “scheduled to
work” only from the day in which he joins work during the week under consideration. Absence
due to strike, lockout, lay-off or maternity leave should not be included as absence here.
(f) Persons employed in the removal of over burden should be included amongst “others” and not among
“miners and Loaders”.

TABLE C
HOURS OF WORK AND EARNING

Information should be furnished in respect of one complete working week during the last month of the
quarter(a).

1. Attendance, man-hours worke d and cash earnings.

Average daily Aggregate Total cash payments for work done during the
attendance number of week (d)
during the man-hours
week (b) worked during
the week(c)
Basic Dearness Other cash total
wages allowance payments (e)
Rs. Rs. Rs. Rs.
Below Ground:
(i)Mine Foreman
and Mining Mates
(ii)Face Workers
and Loaders
(iii)Others
Opencast Workings
(i) Mine
Forman
and
Mining
Mates
(ii) Mines &
Loaders
(iii) Others
(Men) (f)
Women)
Above Ground:
(i) Clerical
and
Supervisor
y staff
(ii) Others
(men)
women)

2. total estimated value of concessions in kind (g) given during the week : Rs. –
3. Normal hours of production shifts :

From To
1st Shift
2nd Sift
3rd Shift

4. Number of workings days in the week :

5. If there is any major change in wages or hours of work as compared to the preceding quarter, please
account for the change here.

Signature of person
Signing the return _____________

INSTRU CTIONS

I. the information should cover all persons “employed” as in Table C. Particulars relating to
payments etc., to monthly paid staff should be included on a pro-rata basis.
II. Average daily attendance should be obtained by dividing the aggregate number of attendances
on all the shifts on all days during the week by the number of working days. Any day on
which the mine did not work, for any cause whatsoever, should not be treated as a working
day.
III. Aggregate number of man-hours worked during the week should be obtained by adding for
the whole week, the number of man-hours worked every day. The number of man-hours
worked on a day is obtained by summing up the number of hours worked by each person
attending work on each of the shifts during the day, including o vertime worked, if any.
IV. Total cash payments should include all remuneration payable (and paid) for work done during
the week before making deductions, if any, towards fines, provident fund contributions, etc.,
Employer’s contributions to the provident fund or on account of welfare provisions should not
be included. Bonuses not payable for every pay-period should also not be included.
V. Including over-time payments.
VI. Persons employed in the removal of overburden should be included among “Others” and not
among “Miners and Loaders” or “Face Workers and Loaders”.
VII. Concessions in kind (such as supply of food-stuffetc. Free or at subsidised prices) should be
estimated in terms of the difference between the monetary value of the food stuffs, etc. at cost
price and the value realised by sale at concessional price.

FORM III
(See Regulation 5)
Annual Return for the year ending on the 31st December, 19

1. Name of mine ………………………………………Mineral worked……………………

2. Postal address of mine …………………………..
3. Date of opening ……………………………………
4. Date of closing (if closed)
5. Situation of mine District………………………………………
State ………………………………….
6. Name of Owner……………………….
Postal address of Owner…………………..
7. Name of Managing Agents (if any)…………………..
Postal address of Managing Agents………………….
8. Name of Agent (if any) as defined in section 2(c) of the Mines Act, 1952………….
Portal address of Agent ………………………….
9. Name of Manager……………………………….
Postal address of Manager………………………………
10. Other superior supervisory staff employed as at the end of the yar. (Please give designations and
numbers employed).
………………………………………………..
 ………………………………………………...

11. (a) Whether machinery is used ……………………

(b) Nature of power used, if any (e.g., electricity, steam, compressed air, etc.)
12. Tables A to E2 duly filled in, are attached.

Certified that the information given above and in Tables A to E2 below is correct to the best of my
knowledge.

Yours faithfully,
Signature …………………………
Designation : Owner/Agent/Manager

TABLE A.-EMPLOYMENT

Maximum number of persons employed on any one day during the year ____________________________
(i)in workings below ground on …………………………(a)…………………………..
(ii)in all in the mine on ………………………………….(a)…………………………..

Classification Total number of man- Number Average daily number of Total

days worked during of days persons employed (c) wages or
the year (b) worked salary bill
during the for the
year year(d)
(1) (2A) (2B) (2C) (3) (4A) (4B) (4C) (4D) (5)

Below ground:
(i) Foremen and Mining Mates
(ii) Face workers and loaders
(iii) Others
Opencast Working :
(i) Foremen and Mining Mates
(ii) Miners and Loaders
(iii) Others (e)
Above ground :
(i) Clerical and Supervisory
staff (excluding the
superior supervisory staff
mentioned in item 10 of
Form III)
(ii) Workers in any attached
factory, workshop or
mineral dressing plant.
(iii) Others.

Total

Sigature of person
Signing the Return …………..
INSTRUCTIONS

(a) Give day of the week and the date and month.
(b) Obtained by adding the daily attendance for the whole year.
(c) Obtained by dividing the number of man-days worked by the number of working days. The total
shown in column (4D) should agree with the quotient obtained by dividing the total shown in column
(2C) by the number of working days shown in column (3)
(d) Includes all cash payments including bonuses. Employer’s contributions to provident funds, welfare
activities, etc., and concessions in kind should not be included.
(e) Persons employed in the removal of overburden should be included among “Others” and not among
“Miners and Loaders” or “Face Workers and Loaders”.

TABLE B – TYSPE AND AGREGATE HORSE-POW ER OF ELECTRICAL APPARTATUS

1. Electricity generated, purchased or received otherwise (in kwh).

Generated Purchased or received

(a) For own use
(b) For sale

2. System of supply (whether direct current or alternating current) :-

(i) Voltage of supply
(ii) Periodicity
(iii) Source of supply

3. Voltage at which current is used for :

Above ground Below ground
(a) Lighting
(b) Power

4. Length of cables (in metres)

(i) High pressure
(ii) Medium pressure

5. Total number and aggregate horse-power of motors

In use In reserve
Number of units Total h.p. Number of units Total h.p.
(a) Installed above ground for :
(i) Winding
(ii) Ventilation
(iii) Haulage
(iv) Pumping
(v) Mineral treatment
plants
(vi) Workshops including
foundry, smithy etc.
(vii) Miscellaneous
(specify)

____________________
Total :
(b) Installed above ground for :
(i) Winding
(ii) Haulage
(iii) Ventilation
(iv) Pumping
(v) Other portable
machines (drill,
etc.)
(vi) Conveyors,
loaders, scrapers,
etc.
(vii) Electric traction
(locomotives, etc.)
(viii) Miscellaneous
(specify)

____________________
Total :

Signature of person
Signing Return ………………

TABLE. C- TYPE AND AGGREGATE HORSE-POWER OF MACHINERY AND EQUIPMENT

OTHER THAN ELECTRICAL APPARATUS

In use In reserve
Number of units Total h.p. Number of units Total h.p.
(I) Power generators :
(a) Boilers
(b) Steam Turbines
(c) Diesel Engines
(d) Gasoline, Gas or Oil
Engines other than Diesel
Engines
(e) Hydraulic Turbines or
Water Wheels
(f) Air Compressors
Total :
(II)Machinery Installed above
ground for :
(i) Winding
(ii) Ventilation
(iii) Haulage
(iv) Pumping
(v) Mineral dressing
plants
(vi) Workshops including
foundry, smithy etc.
(vii) Miscellaneous
(specify)

____________________
Total :
(III)Machinery Installed above
ground for :
(i) Winding
(ii) Haulage
(iii)Ventilation
(iv) Pumping
(v) locomotives, etc.
(vi) Miscellaneous
(specify)

____________________
Total :

Signature of person
Signing Return ………………

TABLE D. - EXPLOSIVES, SAFETY LAMPS, ROCK DRILLS AND MECHANICAL VENTILATORS

1. Explosives :
Name of explosive Quantity used (in kgm) Number of detonators used
Electric Ordinary

2. Safety Lamps :

Name and type of safety lamps* Number of safety lamps according to method of locking
Lead rivet Magnetic Other

• Mention type, such as flame type, electric hand type, electric cap., etc.

3. Rock drills.
Name and type etc. of rock drill Number in use

4. Mechanical Ventilators.

Name and size of Position where installed Average total quantity Water gauge obtained
Mechanical Ventilator of air delivered per (in centimeters)
minute

Signature of person
Signing the Return ……
(a) (b)
TABLE E1. – OUTPUT ETC. OF MICA

Opening Output Value of Despatches Closing

Stocks on during mica Consigned Sold locally stock on 31st
1ST Jan. , the year produced (c) by rail or Dec. , 19
19 road
Cruda Mica
Dressed Mica
Mica Splittings
Waste Mica

Signature of person
Signing the return ……..

INSTRUCTIONS

(a) In Kilogrammes.
(b) If any other mineral such as beryl is also produced from the mine, give particulars regarding such
minerals in Table E2
(c) The value required is the pit-head or ex-factory value. Royalty figures will not be accepted in place of
value.

(a)
TABLE E2 : OUTPUT ETC. OF MINERALS OTHER THA MICA

Name Openin Out put of the Value Despatches Closing Metal extracted, if an, at the
of g stock Mineral(c) of the stock mine(e)
Minera on 1st minera on 31 st
l Jan., l Dec.,
raied(b 19 produc 19
) As After ed (d) For For Name Quantity Value
receive proces exp hous
d from sing if ort e
the any mar cons
mine ket umpt
ion
1 2 3A 3B 4 5A 5B 6 7A 7B 7C

Signature of person
Signing the Return…………
INSTRUCTIONS

(a) The figures should be stated :

(i) in the case of gem-stones, in carats;
(ii) in the case of gold, silver and other precious metals, in grammes;
(iii) in the case of alum, amber, asbestos, beryl, graphite, jadestone, steatite, tin-ore, radio-active
minerals and rare minerals such as molybdenite monazite, pitch blende, samarskite, tantalite
and triplite, and also in case of tin, in kilogrammes; and
(iv) in the case of clay, limestone, magnesite, marble, phosphetic rock, slate, salt and other stone,
and all metalliferous ores except those referred to above, an also in case of other metals in
tons.

(b) If more than one minerals are raised or metals extracted, separate figures should be given for each of
them.
(c) If the mineral is dressed, processed or treated before despatch, the output of the dressed, processed or
treated mineral (instead of crude ore), as the case may be, should be given.
(d) “Value” should be calculated upon actual or estimated selling price at the pit-head. Any charges
incurred in transporting the mineral outside the mine property should not be included. Royalty figures
will not be accepted.
(e) Each metal should be shown separately.

FIRST SCHEDULE
FORM IV-A
(See Regulation 9)

Notice of Accident/Occurrence

From :
…………………………………..
……………………………………

1. The Chief Inspector of Mines, …………..Dhanbd, E.Rly.

2. The Regional Inspector of Mines ………………………..
3. The District Magistrate/District Collector ………………
4. The Electric Inspectorof Mines (in case of electrical accidents only, Dhanbad).E .R. …….

Sir,

I have to furnish the following particulars of a fatal accident/a serious accident/a dangerous
occurrence (I) which occurred at the………………………………………… Mine (also state name of
mineral produced) of …………………………. (owner) :

1. PARTICULARS OF STHE MINE :

Situation of mine Mineral worked Name and postal address of owner

Village
Post office
Police station
Sub-Division (Taluq)
District
State

2. PARTICULARS OF THE ACCIDENT :

Date and hour of Place and Location in mine Number of persons(s)

accident /occurrence
Killed Seriously injured

Classification of accident / occurrence(ii) Its cause and description

3. PARTICULARSOF INJURIES ETC. :

Name of Nature of age sex Nature of injury and if fatal, cause

person(s)(iii) employment of death (iv)
Killed
1
2
3
Injured
1
2
3

Particulars in respect of every person, killed or injured, in form IV-B are enclosed/ shall be forwarded
within a week (I)

Yours faithfully,
Signature …………………………
Designation : Owner/Agent/Manager
Date ………………………………..

INSTRUCTIONS

(I) Delete whatever is not applicable ;

(II) Under one or other of the following heads, namely :-
1. Explosion and ignition of inflammable gas :
2. Falls of ground :
(a) falls of roof;
(b) falls of side, wall or face;
(c) rockburst;
3. Haulage :
(a) above ground
(b) below ground
4. In shafts :
(a) Overwinding of cages or other means of conveyance ;
(b) Breakage of ropes, chains or drawgear;
(c) While ascending or descending by machinery;
(d) By falling;
(e) By falling objects (excluding falls of ground);
(f) Miscellaneous;
5. Explosives;
6. Machinery :
(a) Above ground;
(b) Below ground;
7. Suffocation by gases;
8. Irruption of water
9. Premature collapse of workings;
10. Outbreak of fire or spontaneous heating;
11. At railway sidings belonging to the mine;
12. Electricity; or
13. Miscellaneous :
(a) above ground
(b) below ground
(iii) In block capital.
(iv) Attach separate sheet, if necessary.

FIRST SCHEDULE
FORM IV-B
(See Regulation 9)
Particulars of Deceased/Injured person
(To be given separately in respect of every person killed or injured in an accident in the mine)
1. General :
(i) Name of mine ……………………………..
(ii) Mineral produced …………………………
(iii) Owner …………………………………….
(iv) District ……………….(v) State …………

2. Name of Injured Worker …………………………….

3. Time of Accident :
(i) Date …………………(ii) Time ………… ……..(iii) Shift ……………………
(iv)Number of shifts worked per day at the mine …………………….
(v) Time when the worker began work on the day f the accident……………

4. Occupation and Experience of the Worker :

(i) State the nature of job he was doing at the time of accident……………
(ii) Was it his regular occupation ? ……………………..
(a) If yes, state length of experience at the occupation :
At your mine …………………….
Previous experience , if any ………………..
(b) If no, state how long employed at this job…………………………….
(iii) State total experience in mining , coal and metalliferous …………………
(iv) Give details of experience in mining work ……………………………..

5. Place of accident :
(i) if belowground, state :
(a) Whether development area or depillaring/stoping area…………………
(b) Number or Name of Seam/Vein………………………………………..
(c) Dimensions at the place of accident …………………………………..
(ii) If on surface, state whether on railway, tramway, power plant or elsewhere (to be
specified)….
(iii) If other, state whether open-workings, shaft or elsewhere (to be specified) ……………
6. Nature of Injury :
(i) State whether fracture, amputation, laceration, bruise, sprain, crushing injury or other (to be
specified)…………..
(ii) Part of body injured (to be specified precisely) ……………..

7. Degree of Disability :

(i) if fatal, date and time of expiry ………………..

(ii) If permanent disablement, specify :-
(a) the part or parts of the body lost, if any …………………
(b) the part or parts of body gone out of use ………………….
(c) Whether disablement, was total or partial ………………..

(iii) If temporary disablement, state number of days forced to remain idle …………………
8. Responsibility for the Accident :

(i) Was any safety provision(s) contravened ? …………………..

(ii) If so, by whom ? ………………………………………………
(iii) What action was taken against the offender ? ……………….
(iv) Could the accident have been avoided ? …………………….
(v) If so, how ? …………………………………………………..

Signature …………………………
Designation : Owner/Agent/Manager
 Date ………………………………..

FIRST SCHEDULE
FORM IV-C
(See Regulation 9)
Particulars of Injured person returned to duty
(To be given separately in respect of every person within 15 days of his return to duty )

1. General :
(i) Name of mine ……………………………..
(ii) Mineral produced …………………………
(iii) Owner …………………………………….
(iv) District ………………
.(v) State …………

2. Name of Injured Worker …………………………….

3. Return to duty :
(i) Date when returned to work ……………………..
(ii) Whether rturned to regular job or some other job (to be specified) ……………..
4. Compensation :
State amount of compensation paid, or to be paid, if any ………………………..

Signature …………………………
Designation : Owner/Agent/Manager
Date ………………………………..

FIRST SCHEDULE
FORM V
(See Regulation 10)

Notice of Disease notified under section 25

From :
…………………………………..
……………………………………

1. The Chief Inspector of Mines, …………..Dhanbd, E.Rly.

2. The Regional Inspector of Mines ………………………..
3. The Inspector of Mines (in case of electrical accidents only, Dhanbad).E .R. …….
4. The District Magistrate/District Collector ………………

Sir,
 I have to furnish the following particulars with respect to an occupational disease contracted by a
person employed in the………………………………………… Mine (also state name of mineral produced)
of …………………………. (owner) :

1. PARTICULARS OF THE MINE ETC:

(i) Situation of mine…………………………………

Village……………………………………………
Post office………………………………………..
Police station……………………………………..
Sub-Division (Taluq)…………………………….
District…………………………………………..
State…………………………………………….
(ii)Mineral worked …………………………….
(iii) Name and postal address of owner ………………

2. PARTICULARS OF PERSON AFFECTED :

(I) Name (in Block Capitals) ……………………..

(II) Caste or surname ………………………………
(III) Permanent address –

Village……………………………………………
Post office………………………………………..
Police station……………………………………..
Sub-Divis ion (Taluq)…………………………….
District…………………………………………..
State…………………………………………….
(iv) Sex……………………………………………..
(v) Date of birth (or age)………………………….
(vi) Occupation …………………………………
How long engaged ? ……………………………
(vii) Date of commencement of employment :
(a) in your mine …………………….
(b) In mining ……………………….
(c)
3. PARTICULARS OF DISEASE ETC. :
(i) nature of disease from which the person is suffering (state stage) ……………
(ii) Date of detection of disease …………………………………………………..
(iii) Name, registration number and address of Medical Practitioner suspecting disease………

Signature …………………………
Designation : Owner/Agent/Manager
Date ………………………………..

1[FORM VI
(See regulation 108A)

Name of Mine …………………………….Owner ……………………Manager ………………..

Seam/vein etc. Section/Area etc. …………………………………………………………………….
Inspected by ………………Accompanied by Shri ………………..on ………………………….19.
Places Mines Contravention Action taken Date of Remarks, if
Inspected Act/Metallifero observed by rectification of any
us Mines Management to the
Regulations/Mi remedy the contravention
nes contravention
Rules/Section/
Clause number
etc.

The contraventions mentioned above are not exhaustive. A letter giving the details of other
contravention observed may follow in due course,

Signature of Inspection Officer [Signature of Mine Official]

(IO) accomp anying I.O
Date Date
Designation Designation]
2********************

STATUTORY ORDERS ISSUED UNDER THE METALLIFEROUS MINES REGULATIONS, 1961

Approval of Institutions and their degrees, diplomas and certificates under the MMR, 1961

S.O. 2792, dated the 23rd September, 1963. – In pursuance of the provisions of proviso (b) to sub-
regulation (1) of regulation 16 of the Metalliferous Mines Regulations, 1961, the Central Government
hereby approves the educational institutions mentioned under column I of the table below in respect of such
diplomas, certificates, degrees or other qualifications awarded by the tem as are specified in the
corresponding entry under column II of the said table.

TABLE

I II
Name of Institution Degrees, Diplomas or Certificates awarded
1. Any University in India established by law Degree in applied Geology or in Civil, Mechanical
engineering
2. Indian School of Mines, Dhanbad. (i) Certificate in Geology (Awarded upto
1950-51)
(ii) Diploma of Associateship in Geology
(Awarded upto 1950-51)
(iii) Diploma of Associateship in Applied
Geology,
3. Delhi Polytechnic Diploma in Civil, Electrical or Mechanical
Engineering

S.O. 2793, dated the 23rd September, 1963. – In pursuance of the provisions of proviso (b) to sub-
regulation (1) of regulation 16 of the Metalliferous Mines Regulations, 1961, the Central Government
hereby approves the educational institutions mentioned under column I of the table below in respect of such
diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the
corresponding entry under column II of the said table.

TABLE
 I II
Name of Institution Degrees, Diplomas, Certificates awarded
1. Any University in India established by law Degree in mining.
2. Indian School of Mines, Dhanbad. (i) Certificate in Metal Mining (Awarded upto
1938-39)
(ii) Diploma of Associateship in Mining Enginering.
1[3. The Institution of Engineers (India) Pass in Sections A and B of the Associate
incorporated by Royal Charter 1935. Membership Examination in Mining Engineering
Branch.]

“INDIA” (only for the purpose of Manager’s Certificates restricted to open cast mines)
1. Indian School of Mines, Dhanbad M. Tech. (opencast Mining)
D.I.S.M. (Opencast Mining)
UNITED KINGDOM

1. London University (i) Degre e in B.Sc. in Mining for Internal

Students subject to the Degree being
endorsed by the University with a
certificate of four months’ practical
experience in a mine.
(ii) Degree of B.Sc. in Mining for External
Students.
2[2 University of Sheffield Bachelor of Engineering (Mining)

3. Leeds University Degree of B.Sc. in Mining.

4. Birmingham University Degree of B.Sc. in Mining

5. Camborne School of Metalliferous Mining, Diploma of Associateship in Metalliferous Mining]

Cornwal (England)
6. University of Wales Degree of B.Sc. in Mining Engineering.

U.S.A.

1. Colorado School of Mines Degree in Mining Engineering

3[2. Wisconsin State College and Institute of Bachelor of Science in Mining.

Technology, Platteville, Wisconsin
1[PORTUGAL REPUBLIC

1. Higher Technical Institute of the Technical Degree in Mining Engineering.

University of Lisbon

S.O. 2795, dated the 23 rd September, 1963. – In pursuance of the provisions of proviso to regulation 17 of
the Metalliferous Mines Regulations, 1961, the Central Govern ment hereby approves for the purpose of
said regulation the educational institutions mentioned under column I of the table below in respect of such
diplomas, certificates, degrees or other qualifications awarded by the them as are specified in the
corresponding entry under column II of the said table.

TABLE

I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
(List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study)
1. Any University in India established by law Degree in mining.
2. Indian School of Mines, Dhanbad. (i)Certificate in Coal Mining (Awarded upto 1950 -
51)
(ii) Certificate in Metal Mining (Awarded upto
1938-39)
(iii) Diploma of Associateship in Mining
Enginering.

3. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929)

4. State Council for Engineering and Technical Licentiate Diploma in Mining Engineering.
Education, West Bengal.
5. Board of Technical Education, Rajasthan, Diploma in Mining
Jodhper
6. State Council of Technical Education and Diploma in Mining Engineering
Training, Orissa
7. Central Board of Technical Examination, Mysore Licentiate in Mining Engineering
8. Shri Jayachamarajendra Occupational Institute, Diploma in Mining
Bangalore
9. State Board of Technical Education and Training Diploma in Mining Engineering
, Andhra Pradesh.
10. State Board of Technical Education (formerly Licentiate in Mining Engineering
Technological Examination Board,), Madras
11. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying
12.Madhya Pradesh Board of Technical Education, Diploma in Mining and Mine Surveying
Bhopal
2[13. Board of Technical Examination, Mysore Diploma in Mining and Mine Surveying
3[14. Board of Technical Examinations, Diploma in Mining and Mine Surveying
Maharashtra, Bombay
15. The Institution of Engineers (India) incorporated Pass in Sections A an B of the Associate
by Royal Charter 1935. Membership Examination in Mining Engineering
Branch]
5(List of Institution and authorities awarding Degree/Diploma in Mining, after part time course of study)
1. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying (Re -
organised Mining Classes, Bhaga, Dhanbad).
2. Mining Education Advisory Board, West Bengal Final Merit Certificate (Evening Mining Classes run
by the Directorate of Mines and Minerals,
Government of West Bengal].

I II
(List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study)
1. Any University in India established by law Degree in Civil Engineering
2. All India council of Technical Education National Certificate in Civil Engineering
3.Assam Engineering Institute, Gauhati Certificate in Civil Engineering
4. Bihar College of Engineering, Patna (1) Surveyor’s Certificate
(2) Civil Engineering Subordinate Diploma
5. Board of Technical Education, Kerala Diploma in Civil Engineering
6. Board of Technical Education, Diploma in Civil Engineering
Rajasthan,Jodhpur
7. Board of Technical Examination, Mysore L.C.E./ Diploma in Civil Engineering
(formerly Central Board of Technical Examination,
Mysore)
8. Civil Engineering School, Allahabad Overseers Certificate
9. Civil Engineering School, Lucknow Overseers Certificate
10. College of Engineering, Poona Civil Engineering diploma prior to 1950
11. College of Engineering, Guidy Upper Subordinate Diploma, L.C.E. from 1942 to
1953.
12. College of Engineering, Osamania Univeristy Upper Subordinate (Ist Class) Overseer Certificate
(formerly Osmania Engineering College), from 1941
Hyderabad
13. College of Enginering and Technology, Diploma of the Overseer Course
Jadhavpur
14. College of Military Engineering, Kirkee Overseers’ Building and Road Course
15. Department of Technical Education, Bombay Diploma in Civil Engineering
16. Department of Technical Education, Gujarat Overseers Diploma
State, Ahmedabad (previously Bombay)
17. Director Geneal of employment and Training Surveyor’s Diploma
(Ministry of Labour and Employment, Government
of India)
18. Director of Industries, Punjab Common Civil Overseer’s Certificate
19. Government Polytechnic, Nagpur University (1) Surveyor’s Certificate
(formerly Government Engineering School, Nagpur (2) L.C.E.
20. Government School of Engineering, Rasual Overseership Certificate
(21) Governments Technical College, Hydrabad L.C.E.
(formerly Osmania Technical College, Hyderabad
(22) Howett-Engineering School, Lucknow Ovearseers Certificate (Granted by the Department
of Public Instruction from 1936 to 1944 and by the
U.P. Government from 1946)
23. H.R.H. the Prince of ‘wales Institute of Certificate in Civil Engineering.
Engineering an Technology, Jorhat
24. Kalikata Shilpa Vidya Pith L.CE. awarded by the Adhoc Committee. Provincial
Council for Engineering and Technical Education.
West Bengal.
25. Kerala University (formerly Travancore Diploma in Civil Engineering
University)
26. Mainamati Survey Institute, Tripura Survey Final Examination.
27. M.E.M. Engineering College, Jodhpur Diploma in Civil Engineering
28. Murlidhar Gajan and Technical Institute, Surveyor’s Examination
Hathras
29. Muslim University, Aligarh Diploma in Civil Engineering
30.Nagpur University L.C.E.
31. National Council for Rural Higher Education Diploma in Civil Engineering
32. Orissa School of Engineering, Cuttack (1) Surveyor’s Certificate
(2) Civil Engineering Subordinate Diploma, L.C.E
33. Overseer Examination Board (Bengal ) (Before L.C.E
partition)
34. Polytechnicl Faculty of Technological Diploma in Civil Engineering (obtained after a
(including engineering) course of at least three years)
35. Punjab Polytechnic (formerly Punjab Overseer’s Diploma in Civil Engineering from
Government School of Engineering, Nilokheri). December, 1947
36. Ramgarhia Polytechnic, Phagwara (formerly Diploma in Civil Engineering Course, Overseer
Vishwakarma polytechnic Institute. Course.
37. Saugar University Diploma in Civil Engineering
38. School of Engineering, Bangalore Diploma in Civil Engineering
39. Shri Jaichamarajendra Occupational Institute, Diploma in Civil Engineering
Banglore
40. State Boar of Technical Education and Diploma in Civil Engineering after a course of study
Vocational Training, Bihar lasting for 2 and half years
41. State Board of Technical Education and Overseer Diploma in Civil Engineering
Training, U.P. (formerly in adhoc Board of
Engineering Education , UP)
42. State Board of Technical Education, Pubjab Overseer Diploma in Civil Engineering
43. State Board of Technical Education and LCE
Training, AP
44. State Board of Technical Education (formerly LCE/Diploma in Civil Engineering
Technological Diploma Examination Board,)
Madras
45.State Council of Technical Education, Assam Diploma in Civil Engineering
46. State Council of Engineering and technical LCE
Education, West Bengal
47. Technological Diploma Examinations Board, LCE
AP
48. Trihat School of Engineering, Muzaffarpur Supordinate Engineering Course in Civil
Engineering from 1952.
49. University of Roorkee (formerly Thomson Civil Diploma in Civil Engineering (formerly Civil
Engineering College, Roorkee) Overseership)
50 West Bengal Survey Institute, Bandal Senior Surveyor’s Certificate
51. State Council of Technical Education and Diploma in Civil Engineering
Training, Orissa
FOREIGN
1. N.E.D Engineering College, Karachi Diploma in Engineering
2. Ashanulla School of engineering, Dacca Sub Overseer’s Diploma, LCE
3. Government Technical Institute, Insein, Burmah Diploma in Civil Engineering
4. London University, UK (1) B.Sc. Degree in Mining for Internal Students
subject to the degree being endorsed by the
University with a certificate of four months’
practical experience in a mine.
(2) Degree of B.Sc. in Mining for External
Students.
5. Colorado School of Mines, USA Degree in Mining Engineering
1[6. University of Sheffield Bachelor of Engineering (Mining)
7. Leeds University Degree of B.Sc, in Mining
8. Birmingham University Degree of B.Sc. in Mining
2[9. Wisconsin State College and Institute of Bachelor of Science in Mining
Technology, Platteville,Wisconsin
10. Comborne School of Metalliferous Mining, Diploma of Associateship in Metalliferous Mining
Cornwall (England).
3[11. Higher Technical Institute of the Technical Degree in Mining Engineering
University of Lisbon, (Portugal ) Republic

S.O. 1675, dated the 30th May, 1966. – In pursuance of clause (b) of the proviso to Sub- regulation (1)and
clause (b) of the proviso to sub regulation (2), of regulation 18 of the Metalliferous Mines Regulations,
1961. And in supeersession of all the notifications issued on the subject, the Central Government hereby
approves institutions and authorities mentioned in column I of the table below in respect of such diplomas,
certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry
under colu mn II of the said table.

TABLE

I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
1. Any University in India established by law Degree in mining.
2. Indian School of Mines, Dhanbad (i) Certificate in Metal Mining (awarded upto
1938-39)
 (ii)
Diploma of Associateship in Mining
Engineering)
4[3. “The Institution of Engineers (India) Pass in Sections A and B of the Associate
incorporated by Royal Charter, 1935 Membership Examination in Mining Engineering
Branch].
UNITED KINGDOM
1. London University (i) Degree in B.Sc. in Mining for Internal
Students. Subject to the Degree being
endorsed by the University with a
certificate of four month’s practical
experience in a mine.
(ii) Degree of B.Sc. in Mining for External
students.
2. University of Sheffield Bachelor of Engineering (Mining)
3. Leeds University Degree of B.Sc in Mining
4. Birmingham University Degree of B.Sc. in Mining
5. Camborrne School of Metalliferous Mining, Diploma of Associateship in Metalliferous Mining
Cornwal
U.S.A.
1. Colorado School of Mines Degree in Mining Engineering
2. Wisconsin State College and Institute of Bachelor of Science in Mining.
Technology, Plattevile, Wisconsin
1[PORTUGAL REPUBLIC
1. Higher Technical Institute of the Technical Degree in Mining Engineering]
University of Lisbon

S.O. 1676, dated the 30th May, 1966. – In pursuance of clause (a) of the proviso to Sub - regulation (1)and
clause (a) of the proviso to sub regulation (2), of regulation 18 of the Metalliferous Mines Regulations,
1961. And in supersession of all the notifications issued on the subject, the Central Government hereby
approves institutions and authorities mentioned in column I of the table below in respect of such diplomas,
certificates, degrees or other qualifications awarded by the them as are specified in the corresponding entry
under column II of the said table.

TABLE

I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
1. Board of Technical Education, Rajasthan, Diploma in mining.
Jodhpur
2. Central Board of Technical Examination, Mysore Licentiate in Mining Engineering
3. Madhya Pradesh Board of Technical Education, Diploma in Mining and Mining Surveying
Bhopal
4. Shri Jayachamarajendra Occupational Institute, Diploma in Mining
Bangalore
5. State Board of Technical Education and Training, Diploma in Mining Engineering
Andhra Pradesh
6. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying
7. State Board of Technical Education (Formerly Licentiate in Mining Engineering
Technological Diplomas Examination Board),
Madras
8. State Council for Engineering and Technical Licentiate in Mining Engineering
Education, West Bengal
9. State Council of Technical Education and Diploma in Mining Engineering
Training, Orissa
2[10. Board of Technical Examination, Mysore Diploma in Mining and Mine Surveying
3[11. Board of Technical Exsaminations, Diploma in Mining and Mine Surveying
Maharashtra, Bombay
4[12. Mining Education Advisory Board, Bihar and Final Merit Certificate
West Bengal
13. State Board of Technical Education, Bihar Final Merit Certificate

S.O 1455, dated, the 17th May, 1963. – In pursuance of the provision of sub-clause (ii) of clause (a) of sub-
regulation (1) of regulation 23 of the Metalliferous Mines Regulations, 1961, the Central Government
hereby approves the educational institutions mentioned under column I of the Table below in respect of
such diploma certificates or degrees awarded by them as are specified in the corresponding entries under
column II of the said Table.

TABLE

I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
1. Any University in India established bylaw Degree in mining or 5[in applied geology] or in
civil, mechanical or electrical engineering.
2. Indian School of Mines and Applied Geology, (i) Certificate in Metal Mining (awaded up to
Dhanbad 1938-39).
(ii) Diploma of Associateship in Geology
(awarded up to 1950-51).
(iii) Diploma of Associateship in Mining
Engineering
(iv) Diploma of Associateship in Applied
Geology
3. Delhi Polytechnic Diploma in Civil, Electrical or Mechanical
Engineering
UNITED KINGDOM
1. London University (i) Degree of B.Sc. in Mining for Internal
Students subject to the Degree being
endorsed by the University with a
certificate of four months’ practical
experience in a Mine.
(ii) Degree of B.Sc. in Mining for External
Students
1[2. University of Sheffield Bachelor of Engineering (Mining).
3. Leeds University Degree of B.Sc. in Mining.
4. Birmingham University Degree of B.Sc. in Mining
2[5. Camborne School of Metalliferous Mining Diploma of Associateship in Metalliferous Mining.]
Cornwall - England
U.S.A.
1. Colorado School of Mines Degree in Mining Engineering
3[2 Wisconsis State College and Instistute of Bachelor of Science in Mining].
Technology, Platteville, Wisconsin
4[“Portugal Republic”
1. Higher Technical Institute of the Technical Degree in Mining Engineering].
University of Lisbon
S.O. 250 dated the 6th January, 1966 – In pursuance of sub-clause (ia) of clause (a) of sub-regulation(1) of
regulation 23 of the Metalliferous Mines Regulation, 1961, the Central Government hereby approves the
qualifications mentioned in column 2 of the Table below of the institutions mentioned in the corresponding
entry in column 1 thereof as equivalent qualifications for t he purposes of the said sub-clause, namely :-

TABLE

I II
Name of Institution Degrees, Diplomas, Certificates awarded
Mining Indian
1. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929)
2. Mining Education Advisory Board, Bihar and Final Merit Certificate (awarded up to 1958)
West Bengal
3. Mining Education Advisory Board, West Bengal Final Merit Certificate (Evening Mining Classes run
by the Directorate of Mines ad Minerals,
Government of West Bengal.)
4. State Board of Technical Education, Bihar (a) Final Merit Certificate (awarded in 1959 and
1960 to students of Evening Mining Classes,
Bhaga).
(b) Diploma in Mining and Mine Surveying
(including students of re-organised Mining
Classes, Bhaga, Dhanbad-awarded from 1961
onwards)
5. Shri Jayachamarajendra Occupational Institute, Diploma in Mining
Bangalore
6. State Board of Technical Education and Training, Diploma in Mining Engineering
Andhra Pradesh
7. Madhya Pradesh Board of Technical Education, Diploma in Mining and Mine Surveying
Bhopal
8. State Board of Technical Education (Formerly Licentiate in Mining Engineering
Technological Diplomas Examination Board),
Madras
9.Central Board of Technical Examination, Mysore Licentiate in Mining Engineering
10. State Council of Technical Education and Diploma in Mining Engineering
Training, Orissa
11. Board of Technical Education Rajasthan, Diploma in Mining.
Jodhpur
12. State Council for Engineering and Technical Licentiate Diploma in Mining Engineering
Education, West Bengal
Geology - Indian
13.Any University in India establishd by Law (a) Honours Degree in Geology.
5[(b) Degree of M.A. or M.Sc. in Geology]
Mining – Foreign
14. Camborne School of Metalliferous Mining, Diploma of Associateship I Metalliferous Mining.
Cornwall (England)

S.O. 2796, dated the 23rd September, 1963. – In pursuance of clause (ii) of sub-regulation (1) of
regulation 24 of the Metalliferous Mines Regulations, 1961, the Central Government hereby approves for
the purpose of said regulation the educational institutions mentioned under column I of the table below in
respect of such diplomas, certificates, degrees or other qualifications awarded by the them as are specified
in the corresponding entry under column II of the said table.

TABLE
 I II
Name of Institution Degrees, Diplomas, Certificates awarded
INDIA
(List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study)
1. Any University in India established by law Degree in mining.
2. Indian School of Mines, Dhanbad. (1) Certificate in Coal Mining (Awarded upto
1950-51)
(2) Certificate in Metal Mining (Awarded upto
1938-39)
(2) Diploma of Associateship in Mining
Enginering.

3. Bengal Engineering College, Sibpore Diploma in Mining (awarded up to 1929)

4. State Council for Engineering and Technical Licentiate Diploma in Mining Engineering.
Education, West Bengal.
5. Board of Technical Education, Rajasthan, Diploma in Mining
Jodhper
6. State Council of Technical Education and Diploma in Mining Engineering
Training, Orissa
7. Central Board of Technical Examination, Mysore Licentiate in Mining Engineering
8. Shri Jayachamarajendra Occupational Institute, Diploma in Mining
Bangalore
9. State Board of Technical Education and Training Diploma in Min ing Engineering
, Andhra Pradesh.
10. State Board of Technical Education (formerly Licentiate in Mining Engineering
Technological Examination Board,), Madras
11. State Board of Technical Education, Bihar Diploma in Mining and Mine Surveying
12.Madhya Pradesh Board of Technical Education, Diploma in Mining and Mine Surveying
Bhopal

I II
(List of Institution and authorities awarding Degree/Diploma in Mining, after full time course of study)
1. Any University in India established by law Degree in Civil Engineering
2. All India council of Technical Education National Certificate in Civil Engineering
3.Assam Engineering Institute, Gauhati Certificate in Civil Engineering
4. Bihar College of Engineering, Patna (3) Surveyor’s Certificate
(4) Civil Engineering Subordinate Diploma
5. Board of Technical Education, Kerala Diploma in Civil Engineering
6. Board of Technical Education, Diploma in Civil Engineering
Rajasthan,Jodhpur
7. Board of Technical Examination, Mysore L.C.E./ Diploma in Civil Engineering
(formerly Central Board of Technical Examination,
Mysore)
8. Civil Engineering School, Allahabad Overseers Certificate
9. Civil Engineering School, Lucknow Overseers Certificate
10. College of Engineering, Poona Civil Engineering diploma prior to 1950
11. College of Engineering, Guidy Upper Subordinate Diploma, L.C.E. from 1942 to
1953.
12. College of Engineering, Osamania Univeristy Upper Subordinate (Ist Class) Overseer Certificate
(formerly Osmania Engineering College), from 1941
Hyderabad
13. College of Enginering and Technology, Diploma of the Overseer Course
Jadhavpur
14. College of Military Engineering, Kirkee Overseers’ Building and Road Course
15. Department of Technical Education, Bombay Diploma in Civil Engineering
16. Department of Technical Education, Gujarat Overseers Diploma
State, Ahmedabad (previously Bombay)
17. Director General of employment and Training Surveyor’s Diploma
(Ministry of Labour and Employment, Government
of India)
18. Director of Industries, Punjab Common Civil Overseer’s Certificate
19. Government Polytechnic, Nagpur University (3) Surveyor’s Certificate
(formerly Government Engineering School, Nagpur (4) L.C.E.
20. Government School of Engineering, Rasual Overseership Certificate
(21) Governments Technical College, Hydrabad L.C.E.
(formerly Osmania Technical College, Hyderabad
(22) Howett-Engineering School, Lucknow Ovearseers Certificate (Granted by the Department
of Public Instruction from 1936 to 1944 and by the
U.P. Government from 1946)
23. H.R.H. the Prince of ‘wales Institute of Certificate in Civil Engineering.
Engineering an Technology, Jorhat
24. Kalikata Shilpa Vidya Pith L.CE. awarded by the Adhoc Committee. Provincial
Council for Engineering and Technical Education.
West Bengal.
25. Kerala University (formerly Travancore Diploma in Civil Engineering
University)
26. Mainamati Survey Institute, Tripura Survey Final Examination.
27. M.B.M. Engineering College, Jodhpur Diploma in Civil Engineering
28. Murlidhar Gajan and Technical Institute, Surveyor’s Examination
Hathras
29. Muslim University, Aligarh Diploma in Civil Engineering
30.Nagpur University L.C.E.
31. National Council for Rural Higher Education Diploma in Civil Engineering
32. Orissa School of Engineering, Cuttack (1) Surveyor’s Certificate
(2) Civil Engineering Subordinate Diploma, L.C.E
33. Overseer Examination Board (Bengal ) (Before L.C.E
partition)
34. Polytechnicl Faculty of Technological Diploma in Civil Engineering (obtained after a
(including engineering) M.S,. University of Baroda course of at least three years)
(formerly Kalabhavan renamed as Faculty of
Technology including Engineering M.S. University,
Baroda)
35. Punjab Polytechnic (formerly Punjab Overseer’s Diploma in Civil Engineering from
Government School of Engineering, Nilokheri). December, 1947
36. Ramgarhia Polytechnic, Phagwara (formerly Diploma in Civil Engineering Course, Overseer
Vishwakarma polytechnic Institute. Course.
37. Saugar University Diploma in Civil Engineering
38. School of Engineering, Bangalore Diploma in Civil Engineering
39. Shri Jaichamarajendra Occupational Institute, Diploma in Civil Engineering
Banglore
40. State Boar of Technical Education and Diploma in Civil Engineering after a course of study
Vocational Training, Bihar lasting for 2 and half years
41. State Board of Technical Education and Overseer Diploma in Civil Engineering
Training, U.P. (formerly in adhoc Board of
Engineering Education , UP)
42. State Board of Technical Education, Pubjab Overseer Diploma in Civil Engineering
43. State Board of Technical Education and LCE
Training, AP
44. State Board of Technical Education (formerly LCE/Diploma in Civil Engineering
Technological Diploma Examination Board,)
Madras
45.State Council of Technical Education, Assam Diploma in Civil Engineering
46. State Council of Engineering and technical LCE
Education, West Bengal
47. Technological Diploma Examinations Board, LCE
AP
48. Trihat School of Engineering, Muzaffarpur Supordinate Engineering Course in Civil
Engineering from 1952.
49. University of Roorkee (formerly Thomson Civil Diploma in Civil Engineering (formerly Civil
Engineering College, Roorkee) Overseership)
50 West Bengal Survey Institute, Bandal Senior Surveyor’s Certificate
51. State Council of Technical Education and Dip loma in Civil Engineering
Training, Orissa
FOREIGN
1. N.E.D Engineering College, Karachi Diploma in Engineering
2. Ashanulla School of engineering, Dacca Sub Overseer’s Diploma, LCE
3. Government Technical Institute, Insein, Burma Diploma in Civil Engineering
4. London University, UK (1) B.Sc. Degree in Mining for Internal Students
subject to the degree being endorsed by the
University with a certificate of four months’
practical experience in a mine.
(2) Degree of B.Sc. in Mining for External
Students.
5. Colorado School of Mines, USA Degree in Mining Engineering
1[6. University of Sheffield Bachelor of Engineering (Mining)
7. Leeds University Degree of B.Sc, in Mining
8. Birmingham University Degree of B.Sc. in Mining].
2[9. Wisconsin State College and Institute of Bachelor of Science in Mining
Technology, Platteville,Wisconsin
10. Comborne School of Metalliferous Mining, Diploma of Associateship in Metalliferous Mining].
Cornwall (England).
3[11. Higher Technical Institute of the Technical Degree in Mining Engineering
University of Lisbon, (Portugal ) Republic

Tks/11/10/99
 Mines Vocational Training Rules, 1966

Chapter I
.
Preliminary

1. Short title, application and commencement -

(1) These rules may be called the Mines Vocational Training 1966.
(2) Except as otherwise expressly provided, these rules shall apply to every mine of whatever
description to watch the Mines Act, 1952 applies.
(3) They shall come into force on such date as the Central Government may, be notification in
the Official Gazette, appoint and different dates may be appointed for different provisions of
these rules for different classes or groups of mines or for different classes of persons or for
different areas.
2. Definition:- In these rules, unless there is anything repugnant in the subject or context-

(a) "Act" means the Mines Act, 1952 (35 of 1952);

(b) "Form" means a form appended to these rules;
(c) "Manager " means any person who is responsible for management, supervision and direction
of a mine and includes a mine superintendent who is appointed by the owner or the agent of
a mine under section 17 of the Act;
(d) " Metalliferous mine" means any mine other than a coal or an oil mine;
(e) "Regional Inspector" means the Inspector of Mines in charge of,
(i) the region or local area or areas in which name is situated, or
(ii) the group or class of mines to which the mine belongs and over which he exercises
powers under the Act;

(f) "Schedule" means a Schedule appended to these rules.

CHAPTER II

PERSONS TO BE TRAINED

3. Application of Rules -(1) These rules shall apply to all persons employed in a mine, other
than the persons specified herein, namely :

(a) Persons employed or to be employed for the purpose of saving life or property or dealing
with circumstances arising out of an accident :

Provided that the owner, agent or manager of the mine shall forthwith give notice of every
such employment to the Chief Inspector.

(b) Persons holding positions enumerated below being persons employed in a confidential
capacity or in a position of supervision or a management ;

(i) manager, undermanager, under ground manager, assistant manager, ventilation

officer and safety officer
(ii) mining, electrical and mechanical engineer;
(iii) overman, foreman, sirdar and mate;
(iv) mechanical and electrical foreman and electrical supervisor;
 (v) Surveyor and assistant surveyor;
(vi) medical officer, chemist, assayer, metallurgist and welfare or personnel officer; and
(vii) any other person who, in the opinion of the Chief Inspector, holds a position of
supervision or management by whatever name called.

(c) Shortfirer and blasters.

(d) Clerk, accountants and register keepers.

(e) Persons who have undergone a course of training which is part of study at an institution
approved by the Central Government in this behalf.

(f) Apprentice mechanics or apprentice electricians, if they have undergone an approved

course of training at a mine mechanisation center or other institution approved by the
Chief Inspector in this behalf:

Provided that the exemption granted to the persons specified in clause (d),(e), and (g)
shall be subject to the condition that the said person shall undergo a course of refresher
training as specified in Rule 8.

(2) The Chief Inspector may, by order, for reasons to be recorded in writing and subject to such
conditions as he may specify therein, exempt any person, class or category of persons from
undergoing any training under these rules.

4. Disputes regarding training to be decided by the Chief Inspector- If any question arises
as to whether a particular person or class or category of persons is required by these rules to
undergo training or not, the same shall be referred to the Chief Inspector for decision.

5. Standard of training - The Chief Inspector may issue such instructions, not inconsistent with
these rules, as he may deem fit, to ensure that the training imparted under these rules at the
various training centers confirm to certain uniform standards and every such training shall be
in accordance with such instructions.

CHAPTER III

General Vocational Training.

6. Scope and Standard - (1) Every person proposed to be employed in mine on the surface or
in opencast workings ( other than a person who has held any such previous employment)
shall, before he is employed, undergo a course of technical and gallery training as specified
in the First Schedule :

Provided that in respect of such class or kind of work as the Chief Inspector may, from time to
time, by notification specify, every person proposed to be employed thereto shall, before he is so
employed, undergo a further course of practical training on actual operations for a period of not
less than six working days.

(2) Every person proposed to be employed belowground in a mine, (other than a person who
has held any such previous employment) shall, before he is so employed, undergo -

(a) a course of theoretical and gallery training and gallery training as specified in the
Second Schedule, and
(b) a course of practical training on actual operations for a period of not less than twelve
working days
 Provided that every such person proposed to be employed in a mine wherein safety
lamps are required to be used (hereinafter called gassy mine) shall, before he is so employed,
undergo a further course of training about the danger of inflammable gas and methods of dealing
with the same as specified in the Third Schedule.

7. Training of persons previously employed -Before a person who has previously worked in
mines only one the surface or in opencast working is employed belowground, or before a
person who has previously worked belowground in non-gassy mines only is employed
belowground in a gassy mine, he shall undergo such additional courses of training as
specified in sub-rule 6.

CHAPTER IV

REFRESHER TRAINING

8. Scope and standard - Wherever a person returns to employment on the surface or in

opencast working or to employment belowground in a mine, after an absence from work for a
period exceeding one year he shall, within one month of his joining duty, undergo refresher
training as detailed in the Fourth Schedule, which shall include a minimum of -

(1) Three safety lecture and demonstration in the case of persons working on the surface or
in opencast workings;

(2) Six safety lectures and demonstrations in addition to the training specified in clause (1) in
the case of persons working belowground in a non-gassy mine;

(3) Six further lectures and demonstrations about the danger of inflammable gas and
methods of ling with the same, in addition to the training specified in clause (1) and (2) in
the case of persons working belowground gassy mine.

9. Training of persons already employed - Every person in employment in a mine at the date
of commencement of this rule shall undergo the refresher training as specified in Rule 8, and it
shall be sufficient compliance with this rule if, before the expiry of every year from such
commencement, at least one-fifth of the person so employed are given such training.

10, Training of persons employed belowground in gassy mines- Notwithstanding anything

contained in these rules, every person employed belowground in a gassy mine shall within a
period of one year from the commencement of this rule, undergo atleast that part of the refresher
training as is specified in the Fourth Schedule under the heading- " 3. Additional for gassy mine
workers."
11. Arrangement for refresher training: - The refresher training shall be so arranged that the
persons who have to undergo training can attend the same conveniently either before or after
their normal working hours.

CHAPTER V

TRAINING OF SPECIAL CATEGORIES OF EMPLOYEES

12. Training of timber Mistry - Every person who:

(i) is newly employed as timber mistry in a mine, or

 (ii) has not worked as a timber mistry in a mine for a period of six months immediately
preceding his employment or re-employment , undergo a course of training in timber as
specified in the Fifth Schedule, in addition to the course of training specified under
Chapter- III or Chapter IV as may be applicable to him.

13. Training of persons in handling of explosives - (1) Every person other than a qualified
shortfirer or blaster who is likely to be employed on a job which involves handling of explosives
shall , before he is so employed, in addition to the course of training specified, under Chapter III
or Chapter IV as the case may be , undergo a course of training in the handling and use of
explosives, as detailed in the Sixth Schedule. Every person who has undergone the said training
shall undergo the training again before re-employment if he has not worked in handling
explosives for a continuous period of six months or more before such re-employment. The
training under this rule shall be arranged that the persons concerned can attend the same
conveniently either before or after their normal working hours.

(2) Notwithstanding anything contained in sub rule (I), in the case of metalliferous mines having
opencast working only, the course of training may be confined to not less than four lectures and
demonstration covering only such items of the Sixth Schedule as refer to opencast working and
general principals of shotfiring.

14. Training of person on shotfiring - (1) Every person eligible to appear at the Shotfirer's
Certificate of Competency Examination and who intends to appear at the said examination within
the succeeding three months, shall,, before he appears for the examination and in addition to the
training specified in Rule 13 undergo a course of training as detailed in the Seventh Schedule.
The training under the rule shall be so arranged that the persons concerned can attend same
conveniently either before or after their normal working hours.

(2) Notwithstanding anything contained in Rule 3, the training specified in the Seventh
Schedule shall also be undergone within one month of employment, or re-employment, as the
case may be, by-

(i) every shotfirer or blaster on employment in an another mine except in case where he
has already undergone such training and

(ii) every person who though qualified to fire shots has not worked as a shortfirer for a
continuous period of six months or more, on re-employment as a shotfirer :

(3) Notwithstanding anything contained in sub-rules (1) and (2) in the case of persons,
working in metalliferous mines having opencast workings only, or holding blaster, restricted
certificate, it shall be sufficient if the course of training is confined to not less than eight lecture
and demonstrations and covering only such items of Seventh Schedule as refer to opencast
workings and general principles of shotfiring.

15. Training of other categories of persons - The Chief Inspector may by general or special
order, require that every person, other that those specified in clause (a) to (g) of sub-rule (1) of
Rule 3, to be newly employed in a mine in such kind of class of work, as may be specified therein,
shall undergo a specified course training.

16. Time limit in respect of the training of persons already employed on banding of
explosives- Notwithstanding anything contained in these rules, every person employed on
handling of explosives shall undergo the training specified in Rule13 within a period of one year
from the date of commencement of this rule.

17. Periodical training in gas testing- Every person holding a gas testing shall once in every
year, person eligible to appear at the Gas-testing Certificate Examinations and who intends to
appear at the examination within the succeeding three months, shall before he appears for the
 th
examination, undergo a course of training as detailed in the 8 Schedule. The training under this
rule shall be so arranged that the persons concerned can attend the same either before after their
normal working hours.

CHAPTER VI

TRAINING CENTRES AND ARRANGEMENTS FOR TRAINING.

18. Training Centre: - The owner, agent or manager of every mine shall provide and maintain a
training centre which shall be adequate for the purpose of imparting the training required to be
undergo by the persons who are employed or to be employed in that mine:

Provided that the Chief Inspector may, by order, for reasons to be recorded in writing and subject
to such conditions as he may specify therein, authorise that a common training centre may be
provided and maintained in respect of two or more mines by the owners agents or managers
thereof.

19. Arrangements for the training centre: - Every training centre shall have such staff,
equipment and other facilities as may be approved by the Chief Inspector or as may be required
by him, from time to time, by order in writing.

20. Training Officer: - (1) Every training centre shall be placed under the charge of a whole time
or part time. Training Officer as may be specified by the Chief Inspector. The Chief Inspector may
further specify the qualifications and experience required for such Training Officer.

(2) Notwithstanding anything contained in sub-rule (1), where the Training Officer is unable to
perform his duties by reason of temporary absence, illness or other cause, the owner, agent or
manager, as the case may be, may authorise in writing any other person to act in his place.

Provided that except in a case where the person so authorised possesses the qualifications and
experience specified by the Chief Inspector under sub-rule (1), the authority to act as Training
Officer shall cease to have effect on the expiry of 30 days from the date of the authorisation
unless an order in writing has been obtained from the Chief Inspector or the Regional Inspector
for the continuance of such person beyond the said period.

(4) A written notice of every appointment, discharge, dismissal, resignation or termination service
of a Training Officer and of the date thereof shall be sent by the owner, agents or manager to
the Chief Inspector and the Regional Inspector within seven days from the date of such
appointment, authorisation, discharge, dismissal, resignation or termination of service as the
case may be.

21. Duties of Training Officer: - (1) It shall be the duty of the Training Officer: -

(i) to organise and supervise the training of every person undergoing training under him
in pursuance of these rules :

(ii) to maintain records of the training given to every person and to furnish weekly
reports to the manager on the progress of the persons undergoing training ;

(iii) to maintain records of the supervision in respect of the practical training on actual
operations referred to in Rule 6 and

(iv) to discharge such other duties as may be necessary for, to proper compliance of
these rules.
(2) Every Training Officer shall keep a record of his work and shall, at the end of every year,
forward to the Chief Inspector, through the owner, agent or manager of the mine concern3d a
summary of the report of his work during the year.

22.Trainers: - For the purpose of the practical training referred to rule 6, every person to be
employed in a mine shall be placed under the direct supervision of an experienced workman of
an appropriate category, employed on operations hereinafter referred to as trainer.

23. Qualification of trainers: - (1) No person shall function as a trainer unless he has attend not
less than six lectures on safety in mines, as may be specified for the purpose and approved by
the Chief inspector.

(2) Trainers shall be selected only amongst the persons, who in the opinion of the owner, agent
or manager of the mine, are safety minded, skilled and experienced workmen who have an
aptitude for given guidance and practical training to other persons.

24. Duties of trainers and persons undergoing training: - (1) The trainers shall be responsible
for the safety of the persons undergoing training under him.

(2) The trainer shall, apart from discharging his normal duties, see that the persons put under his
charge for training, pick up work, understand the dangers inherent in the job and develop
habits, which would ensure safety in mines.

(3) The trainer shall see that the persons undergoing training, under him move within the mine
along with him.

(4) Every trainer shall show to the persons undergoing training under him, the quickest and
safest routes of exit from the sections where he is likely to work. Every person undergoing
training shall, whilst under training, comply with the directions of the trainer under whom he is
put in charge.

25. Training allowance: - Every trainer shall, in addition to his normal wages, he paid by the
owner, agent or manager a training allowance of Rs.0.50 per trainee for every day a trainee has
worked under his supervision. Not more than two trainees shall be placed under the charge of a
trainer at a time.

CHAPTER VII
ALLOWANCE OF TRAINEES AND ISSUE OF CERTIFICATES.

26. Trainees : - Every person to be newly employed in mine, while undergoing training in
accordance with these rules, shall for all purposes be considered only as a trainee.

27. Stipend to trainees - (1) Every person, while undergoing training under Chapter III and under
Rule 12 & 15 shall be paid by the owner, agent or manager, daily allowance, for each day of
attendance, of any amount equivalent to the wages (inclusive of allowances) which will be
payable to him on employment after completion of training, subject to maximum of Rs. 1.50 per
day.

Provided that the maximum aforesaid shall not apply in case of a person already working
in a mine while undergoing training in accordance with rule 7.

Every person undergoing training under Chapter IV and Rule 13,14 and 17 shall be paid by the
owner, agent or manager, an allowance per lecture attended by him.
28. Certificate of trainees - (1) Every person who undergoes a course of training prescribed in
these rules shall, on completion of the training be interviewed by the Training Officer and if the
said officer is satisfied as to the progress and performance of the trainee, he shall grant a
certificate in Form A or Form B, as the case may be. The certificate so granted shall be
countersigned by the owner, agent or manager. Where the Training Officer is not satisfied with
the progress or performance of any trainee, he shall report the same to the manager, who may
either discharge him or, if he thanks fir arrange to give him further training.

(2) The cost of the photograph to be fixed on the certificate in Form A of Form B shall born by the
owner or agent.

(3) A person who has obtained a certificate on successful completion of the training shall be
eligible for absorption, in any mine, to the category of the post for which he has been trained.

29. Duplicate Certificate: - If any person proves to the satisfaction of the Training Officer that he
has lost the certificate granted to him under Rule 28, the Training Officer may, on payment of the
cost of the photograph to be affixed on the certificate, grant to him a copy of the certificate. The
word "DUPLICATE' shall be stamped across the copy.

30. Certificate to be delivered to the Management: - Every person employed in a mine shall -

(i) if he obtained the certificates prior to such employment, at the time of the employment, and

(ii) if he obtained the certificates during the course of employment, within such time as may be
specified by the manager of the mine.

deliver the certificate issued to him under these rules, so the manager of the mine who shall
keep the certificate in safe custody and issue a receipt for the same. On the termination of
employment, certificate so deposited shall be returned to the employee.

CHAPTER VIII
MISCELLANEOUS

31. Inspection: - The Chief Inspector or any Inspector may enter, inspect and examine any
training center or any part thereof and make such examination or inquiry as he thinks fit in order
to ascertain whether the provisions of these rules and of any orders made thereunder are being
complied with.

32. Power to relax: - Where in the opinion of the Chief Inspector, the conditions pertaining to a
same or part thereof are such as to render compliance with any provision contained in these rules
un-necessary or impracticable, he may be order in writing and subject to such conditions as he
may specify therein, exempt the mine or part thereof, as the case may be, from the said
provisions.
 FIRST SCHEDULE

{See Rule 6 (1) }

Course of Theoretical and Gallary training for surface and opencast workers.

Ist Day (Surface)

Talk: Organisation, time keeping, the need for discipline and punctuality, other matters of
general interest.
Training in First aid:
Visit: Attendance room, Pit head bath, Canteen, Rest shelter, Crèche.
nd
2 day (surface)

Talk: Tramways and siding, Haulage rooms, Winding rooms, Boilers, Electrical Gears. Workshop.
rd
3 Day (Surface)

Talk: Benching in quarries, Dressing of overhangs, Fencing, First aid and Hygiene.
Training in First aid.
Visit: Quarries, Medical Centers,
Practical work: Tub Manipulation, Coupling, tramming lowering, re-railing to tubs.
th
4 Day (surface)

Talk: Shotfiring and Safety regulations.

Training in First aid.
Visit: Practical demonstration of taking shelter etc.
Practical work: Building of sound-bag stopping.
th
5 Day

Talk: Legislation and duties of workpersons.

Training in First aid.
Visit: What's wrong.
Practical work: Lying of tracks.
th
6 Day

Talk: Mine official and their duties, oral test.

 SECOND SCHEDULE
{See Rule 6 (2) (a)}

Course of Theoretical and Gallery training for workers below ground.

Ist Day

Talk : Method of transport belowground, signaling, manhole and other safety appliances on
haulage roads.
Training in First aid.
Visit: Underground pit bottom, travelling roadway, second outlet, haulage and tramming
roadways, stations and fencing belowground.
Practical work: Tub manipulation, coupling, tramming, lowering re-railing of tubs and signaling,
laying of pipes and track.
nd
2 Day

Talk: Face works, roof control, testing of roof support regulations, First aid and Hygiene.
Training in First aid.
Visit Underground working faces, underground latrines, first aid stations.
Practical work: Prop setting, chock building and withdrawal.
rd
3 Day

Talk: Ventilation, Lighting, Legislation and duties of work-persons.

Training in First aid.
Visit: Underground- Ventilation and Lighting devices, Fan house, air crossings, stopping,
regulator doors. Etc.
Practical work: Erecting brattices, ventilation of blind ends, Practical demonstration of fire fighting
device, detection of noxious gases.
th
4 Day

Talk: Shotfiring and safety regulations, Causes and prevention of the fire underground, care of
lamps.
Training in First aid.
Visit: Underground practical demonstration of taking shelter etc.
Practical work: Building of sand bag stopping.
th
5 Day

Talk: Mine gases (Particularly carbon monoxide, carbon, dioxide and methane) and dangers
therefrom. Testing for the same. General revision.
Training in First aid.
Practical work: Cleaning of galleries.
th
6 Day

Talk: Mine official and their duties, oral test.

Visit: Underground "what's wrong"
 THIRD SCHEDULE
{See Rule 6 (2)(b)}

Course of special additional training for entrants to gassy mine,

Ist Day

Talk: Dangers of inflammable gas, effects of inflammable gas in different percentages. Gas caps,
Difference between combustion and explosion. After damp- its effects. Methods of testing for
inflammable gas with Flame safety lamp.
Demonstration: Gas caps, Difference between combustion and explosion.
Visit: Visit to safety lamp cabin to see how lamps are maintained, cleaned etc. and to study
construction of safety lamps.
nd
2 Day

Talk: Principle of construction of flame safety lamps and of flameproof electrical equipment.
Assembly of flame safety lamps. Care of safety lamps during use. Dangers of opening or
tampering with safety lamps. Demonstration: Effects of wire gauze on flame.
Practical work: Testing for gas.
Visit: Visit to workshop to see flame proof equipment.
rd
3 Day

Talk: Duties of workers in gassy mine and where inflammable gas exists. Dangers of smoking
contrabands.
Visit: Visit (1) to lamps cabin to see arrangements for checking lamps before issue and after
receipt and (2) to the mine entrances to see arrangement for checking safety lamps and for
searching of contrabands.
Practical work: Cleaning and assembling safety lamps.
th
4 Day

Talk: Explosion and health hazards from dust. Methods of suppressing dust. Water sprays.
Cleaning and stone dusting. Wet cutting. Wet drilling. Use of respirators. Occurrences of
inflammable gas. Methods of removing gas. Necessity for good ventilation at the face. Ventilation
devices.
Visit: underground visit to see dust suppression arrangements and measures. Surface and
underground visit to see ventilation devices.
Practical work: Erection of brattices. Ventilation of blind ends.
th
5 Day

Talk: Dangers of Shotfiring in gassy mine. Precaution - Underground visit to Shotfiring.

th
6 Day

General revision: Oral test.

 FOURTH SCHEDULE
{See Rule 8 and 10}

Course for Refresher Training.

(Each talk to be followed by discussion. Duration of each talk and discussion to be not less than
two hours.)

1. Fur Surface/ Opencast Workings.

Talk 1: Mine Organisation, time keeping, need for discipline and punctuality and other matters of
general interest.

Talk 2: Rules, standing orders in force at the mine. Safety in the vicinity of machinery.

Talk 3: Benching in quarries. Dressing of overhangs. Fencing, First Aid Hygiene.

2. Additional for underground workers.

Talk 4: Dangers from haulage, Manholes and other safety appliances. Signaling.

Talk 5: Testing of roof, Dressing of roof and overhangs. Supports, Chocks, bars and props.

Talk 6: Ventilation, Control devices. Danger from old workings. Causes and prevention of fires,
Noxious gases.

Talk 7: Dangers or Shotfiring, Safety precautions.

Talk 8: Legislation, Duties of workmen, Fencing.

Talk 9: General revision and discussion.

Talk 10: Occurrence of inflammable gas. Danger from inflammable gas. Combustion and
explosion. After damp. Its effects.

Talk 11: Principle of construction of flame safety lamps and of flameproof equipment. Gas caps.
Methods of testing for gas.

Talk 12: Duties of workers where inflammable gas exists. Contrabands. Danger of tampering
with safety lamps. Methods of removing gas. Necessity of good ventilation at the face.

Talk 13: Explosion and health hazard from dust. Methods of suppressing dust.

Talk 14: Dangerous of Shotfiring in gassy mines. Precautions.

Talk 15: General revision and discussion.

 FIFTH SCHEDULE
{See Rule (12) }

Course of Training for Timber Mistry

(Training in First Aid to be given to every trainee who has not already undergone such training.)

Ist Day

Talk: Type or rocks and their characteristics. Dangers from fall of ground. Need for artificial
support. Use of protective equipment.
Talk and practical work: Handling and transport of timber including lowering in inclines and shafts.
Correct methods of lifting and shifting. Stocking of timber.
nd
2 Day

Talk: Different materials for support, their strength and characteristics. Application. Fire danger
from timber and cuttings.
Talk and practical work: Tools for timbering. Their selection care and maintenance. Sylvester
prop withdrawal.
rd
3 Day

Talk: Type of support in galleries and drives. Support of faulted, disturbed and weak ground.
Clearing of falls of roof and erecting supports. Roof support. Side support.
Talk and Practical work: Talking Measurements for putting supports. Selection of timber size.
Preparing lids. Lagging and packing.
th
4 Day

Talk: System for support in depillaring area/stopes and longwall faces. Systematic Timbering
Rules both in development and depillaring area.
Talk and practical work: Sawing of timber. Erection of shot props and cogs. Withdrawal of
supports.
th
5 Day

Talk: Type of supports in shafts (including sinking shafts), raises and winzes, repair of such
supports, Erection of barricades. Erection of brattices and temporary stopping. Erection of
fences.
Talk and practical work: Erection of talk ;props and cogs. Lagging of sides.
th
6 Day

Talk: Maintenance of supports. Tightening. Testing of roofs and sides. Typical accident in
timbering and to Timbermen.
Talk and practical work: Erection of timber on steep gradients and supporting irregular places.
Miscellaneous jobs for Timbermen.
 SIXTH SCHEDULE
(See Rule 13)

Course of Training in the handling and use of explosives.

Ist Day

Talk: What is an explosive? General composition of explosives. Difference between low and high
explosives. Low explosives an their firing. Safety and its burning speed.
nd
2 Day

Talk: High explosive, their detonation. Electric shotfiring.

rd
3 Day

Talk: Dangers from explosive. Charging and firing of shots clearing of fumes produced during
shotfiring.
th
4 Day

Talk: Dangers from blasting in gassy mines. Cracks in shot holes. Permitted explosives.
th
5 Day

Talk: Dangerous nature explosives. Care in handling explosives. Taking shelter. Storage of
explosives on surface and belowground. Issue of explosives Return of unused explosives.
th
6 Day

Talk: General revision and discussion.

 SEVENTH SCHEDULE
{See Rule (14)}

Course of Training on short firing

Ist Day

High and low explosive. Difference between them. Their constituents.

2ndDay

Shot-firing accessories. Safety fuse and its burning speed. Detonators.

rd
3 Day

Provision of regulations etc. relating to transport handling and use of explosives.

th
4 Day

Storage of explosives, both above and belowground. Issue of explosives, Return of unused
explosives.
th
5 Day

Correct drilling and placing of shot holes, Charging and firing of shots. Blown out shots.
Taking shelter.
th
6 Day

Danger from explosives in gassy mines, permitted explosives, precautions during shot firing
in gassy mines. Dangers from cracks in shot holes.
th
7 Day

Dealing with misfire. Provisions of relating to duties of shot-fires.

th
8 Day

Examination of working places and roadway after shot firing. Clearing roadways of dust and
fumes after shot firing.
th
9 Day

Firing of shots singly and in rounds. Use of delay action detonators. Testing of circuits.
th
10 Day

Blasting with Ammonium Nitrate- Fuel Oil Explosive. Precautions.

th
11 Day

Heavy blasting in opencast mines. Blasting with liquid Oxygen. Precautions.

th
12 Day

General revision and discussion. Writing of reports.

 EIGHTH SCHEDULE
(See Rule 17)

Course of Training in Gas-Testing.

(Demonstration to be arranged with every talk and each talk to be followed by discussion. The
duration of each talk and discussion to be not less than two hours.)

Ist Talk:

Physical and chemical properties of inflammable gas Occurrence of inflammable gas. Gas
outbursts. Danger from inflammable gas in different percentages. Difference between
combustion and explosion.
nd
2 Talk

Other mine gases: their properties and effects. After damp, its composition and effects.
rd
3 Talk

What makes a safety lamp safe? Construction and assembly of safety lamps, both of flame
and electric type. Care of safety lamps. Opening, cleaning, assembling and testing of safety
lamps.
th
4 Talk

Methods of testing for inflammable gas with flame safety lamps. Gas caps. Accumulation and
Percentage tests. Precautions where gas in present.
th
5 Talk

Provision of regulations relating to safety lamps, and to the presence of inflammable

gas. Other means of testing for inflammable gas.
th
6 Talk

General revision and discussion.

 FORM- A
{See Rule 28 (1)}

Certificate of Training for employment in a mine on surface and in opencast working/belowground

in non-gassy mine.

I, hereby certify that Shri/Shrimati …S/o/D/o/W/o… Village … Thana (police Station)… P.O.
…District…State… has between **… duly undergone the training required under Chapter III of
the Mines Vocational Training Rules, 1966, for employment in a mine on surface and in opencast
workings*/ and belowground in non-gassy/and gassy mines.

Space for affixing the

Photograph of the
Person trained.

Signed…

Date Training Officer…

Mine/Training Centre

(Specify below whether non-gassy mine)

Signature of left hand thumb impression

of the person trained …

Counter signature of
Date… The Agent or Manager…

*Delete whichever is not applicable.

** Insert dates between which the training was undergone.

 FORM- B
{See Rule 28 (1)}

Certificate of refresher Training */Training of special categories of workmen.

I, hereby certify that Shri/Shrimati …S/o/D/o/W/o…Village…Thana(Police Station)…

P.O…District…State…has between …duly undergone the refresher **/ special training required
under Chapter IV*/ Chapter V of the Mines Vocational Training, 1966, for …***

Space for affixing the

Photograph of the person
Trained

Date… Signed…
Training Officer
…Mine/Training Center.

(Specify below whether non-gassy or Gassy mine)

Signature of left hand thumb
impression of the person trained…

Counter Signature of
Date the Agent or Manager …

No,24/1/65-ML/

*Delete whichever is not applicable.

** Insert dates between which the training was undergone.

*** Specify here the refresher special training undergone.
 SCHEDULE XII
FORM I

1.0 Name of Center Code No. of the center

2.0 State & District in which it is situated. Notice of program of training during quarter
ending …199
3.0 Name of mines catered
4.0 Approximate no of students in each batch

Actual Batch
No.of date
week from-- to Session Category Type of schedule Batch
of course no.
worker
1.
2.
3.
4.

12.

Note:
1.For Session Use M for morning, E for Signature of Training officer/ Inspector
evening
2. category of workers- Name in Block letters
3. Type of Course- Use B for basic, S for Date…
special, R for refresher
 SCHEDULE - XII
FORM- 2

Notice of Training program for … Batch.

Category of workers:

Type of course:

Schedule:

Batch No.

From: To: Hours of Session

Name of Mine Name and surname of Designation

Serial No. trainee

Signature of the Training Officer,

Dated…
 SCHEDULE - XII
FORM- 3

Category of Workers. Name of Center …

Type of Course … Location …

Batch Number … Program Training Week during Ending …

Particulars Schedule & Schedule & Schedule & Schedule Schedule & Remarks.
of session Talk Talk Talk &Talk Talk
(Special Number. Number Number Number Number
hours)
First day of
the week.
Second day.
Third Day
Fourth Day
Fifth Day
Sixth Day

Signature of Training Officer…

Name in Block Letters…

Date…
 SCHEDULE - XII
FORM- 4

Name of the Center… Code No. of the Center.

Address … Index No…

Owner…

INDEX FOLDER

1.Name of the Trainee (in block letters General Particulars 7. Photograph of the Trainee
2. Father's name: Pass Port Size
3. Permanent Address:
4.Date of birth :
5. Educational standard : 8. Identification marks
6. Language known to.(Mention: 9. signature or Thumb Impression
speak, Read, Write, Follow etc of the trainee.
 SCHEDULE - XII
FORM- 5

1.Category of Workers:

2.Course: Register of Trainees attended V.T.Centre during…

3.Batch No. … …………………………………. Training Center

4.Duration of course … to……..

Serial Name of Name & Designation Index Talk Total Passed

No. Mine Surname Number No… attendance or
of trainee Session.. Failed.
Date…

Total No. Present.

 SCHEDULE - XII
FORM - 6

Performance Chart for Trainees.

1. Name of the Center Code No. of Center

2. State and District in which it is situated Serial No. of Report..

3. Name of Mines catered:

4. Date of commencement of course: Year:

5. Date of completion of course :

6. Type of course:

7. Batch No.

Serial No. Name & surname Name of the Index Number Certificate Date of issue
of trainee Mine Number of certificate.

Signature of Training Officer,

Name in Block letters:

Date…
 SCHEDULE XII

FORM - 7

1. Name of Center… Code No. of Center.

2. State/District in which it is situated

3. Names of Mines catered … Progress Chart of the Training Center for Quarter Ending,,,,,

Sl.No Catego Type Batch Sched Date Number of Trainees. Rema

ry of of No. ule rks.
worker cours
e Comm Compl Enroll Compl Succe
ence etion ed in eted ssful
ment of the the in test
of cours batch Cours
cours e e
e

Batches where training is still in Progress are also

to be shown. These may be repeated in the next
Quarter.

Signature of Training Officer

Name in block letters.

Date.
 SCHEDULE -XII
Form - 8

Notice of Opening/closing/Re-opening/Change of Name of Training Center (See Rule 18)

To
The Chief Inspector of Mines, Dhanbad.
The Regional Inspector of Mines, No.…………. Region…
P.O… Dist….
Date.

Sir,

I have to furnish the following particulars of … (specify Opening/Closing/Re-opening/Change

of name etc.) of … Training Center.

I.Particulars of the Training Center

(a) Name of the Center:

(b) Location:
(c) Post Office:
(d) District:
(e) State:
(f) Group/ unit
(g) Name of Mines catered :
(h) Name and address of the Owner, Agent of the mine in which the center is situated.
Owner
Agent:

II. Date of Opening/Closing/Re-opening/Change of Name of Training Center.

III. In case of change of Name of Training Center:

(a) Old Name :

(b) New Name :

IV. In case of closure:

(a) Period of closing.

(b) Reason of closure:

Date ……………………………… .Signature………………..

Place……………….. Name in Block Letter …….

*These relate to the Designation: Owner/Agent/Manager

Particulars of the mine Power of Attorney holder.
Where the center is situated.
 SCHEDULE XII
FORM- 9

To
The Chief Inspector of Mines, Dhanbad.
The Regional Inspector of Mines, No…Region...
P.O… Dist…

Sir,

I have to furnish the following particulars of …

(Specify appointment/termination) of Training Officer/Inspector in respect of the following
Center.

1. Particulars of the Training Center.

(a) Name of Center:

(b) Group/ Unit
(c) Post Office
(d) District
(e) State:
(f) Name of mines catered to :
(g) Name and address of the owner and Agent of the mine in which the center is situated.

II. Appointment of Training Officer Instructor.

A. (a) Name of person appointed;

(b) Designation: Date of joining…
(c) Qualifications:

(i) Academic……..
(ii) Name of Certificate and No.
(iii) Experience:

(d) Full-time/part time

(e) Signature of person appointed….

B. Termination of appointment of Officials.

(a) Name….
(b) Designation…
(c) Date of termination …

*Strike out item not applicable Signature

Name in Block letters
Designation: Owner/Agent/manager
Power of Attorney holder (These related
to the mine where the center is situated.)

**Particulars to be furnished separately for each Training Officer/ Inspector.

 SCHEDULE -- XII
FORM - A

Number…

This is to certify that Sri/Srimati …

S/O, D/O,W/O… of Village… Thana… Post Office…

District… State… Employed in … mines…

Having successfully undergone the training under Schedule Number… For above
ground/opencast working/Metalliferous Mines/belowground in coal mine having seams of
……… degree of gassiness/belowground in Matalliferous mine notified by the Chief
Inspector of Mines is awarded this CERTIFICATE. Class of worker…

Type of Course Basic/ Refresher Special SIGNATURE OF TRAINING OFFICER

(Name in Block letters with date)

Training Center...

Date of Commencement Of Course Registration No.of the Training center.

Index Card Number …

Countersigned by …….
Space for Affixing photograph
Agent/ Manager…

… Mine

*Delete whichever is not applicable

.**State degree of gassiness of the mine.
*** State nature of job.

Note: See overleaf for entries of the backside of the certificate.

(Back space of Certificate)

 Particulars of previous training in chronological order.

Serial No. Name & Class of Type of Date of Certificate Initial of

Registratio worker course commence number. Training
n Number ment Officer.
of the
Center

N.B.- According to the result of Tripartite meeting by the representatives of Owners,

Labours and the Government held in 1071, the Schedule XII are being implemented the
Vocational training centers in the mines although it is not enacted.
 SCHEDULE - XII
SYLLABUS FOR JOB- TRAINING.

Duration Revised as per D.G's Cir.No.(Legis) 4 of 1975.

Note: The management may make additions and modifications to the recommended
syllabus to suit the particular conditions of the mine, with prior intimation to the Chief
Inspector.

The management shall, however propose for approval of the Chief Inspector, suitable
syllabus in respect of class or kind of workers for which no syllabus has been
recommended in Schedule xii. The duration of Basic/Refresher job training in respect of
such class or kind of workers shall not be less than 18 days and 9 days respectively.

Sl.no. Class of workers Recommended Syllabus of Courses No. of No. of

or Trades of Days for days of
Workers basic Refresher
training training
1 2 3 4 5
Track layers Track, its purpose and components thereof, 24 12
1. their use, size and use of rails, Fish plates,
sleepers, nails, blots and nuts, tie rods,
beading of rails, carrying of materials and
their storage. Track laying and proper
ballasting and drainage. Laying of switches
left hand and right hand turn outs, bypasses,
curves, crossing (various types), fixing of
rollers/pulleys and their maintenance. Grade
of track, super elevation of curves, check
rails, bending of rails in case of electric loco
track, anchoring of track on steep gradients.

Installation of Runaway switches, drop

warricks, step blocks, jazz rails re-railers and
other safety contrivances, signaling code,
use of manholes.

Dangers from runaway tubs, haulage,

derailments. Dangers associated with track
lying near waterlogged old workings and
fire/explosion area, proper use of safety
lamps, workmanship norms.

Clearance between tracks and roadway

sides governing the statutory requirement.

2. Ventilation Purpose of ventilation, introduction to mode 18 9

(Bratticing of occurrence of different gases and their
Gang) physiological effects. Intakes, return,
 changes therein. Tools, Ventilation materials
and appliances, air lock, doors, aircrossings,
regulators, stopping. Erection and withdrawal
of brattice and ventilation tubing airtighten as
thereof, maintenance of brattices, erection of
brattice at junctions. Ventilation of cavities.
Testing of roof/sides before erecting
brattices/ ventilation tubes. Ventilation
arrangements in special circumstances,
workmanship norms.
3. Attendants of Construction of fan, its accessories, 18 9
fan (including operation, voltage reading on switch board
auxiliary & meters and watergauge. Danger board
booster fans.) meters and waterguage. Danger from
sparks, electrostatic charges, overheating of
motors etc. no smoking in fan house/fan drift.
Earthing of fan casing bedplates of motors.
Lubrication, maintenance of starters. Fire
fighting equipment, its use and storage. First
aid In case of electric shock. Standing
orders/Instructions in the event of stoppage
of fan. Fencing. Dangers from lose outer
clothing. Recirculation of air, dangers therein.
Reversal of fan. Precaution against bad roof
sides. Mine gases action in the event of
detection of gas.
4 Persons Duties, Tools, Preparation of site, 24 12
employed on Organisaion Requisition of materials
installation Common troubles and remedies preventive
repair and maintenance schedules, Effect of moistures
maintenance of dust head of motors. Earthing General
machines. conditions in a mine. Signaling code, laying
of signaling system, fire extinguishing
materials equipment and their use. First aid
in case of electric shock. Dangers from gas.
Applicable regulations. Duties under
emergency organisation.
5. General Persons employed in Bailing, transport of 18 9
Mazdoor materials, line packing and cleaning etc.
Drainage, Handling transport and storage of
materials, house keeping cleaning of
roadways and loading of collected waste etc.
art of ballasting haulage track, signaling
code, general precautions and applicable
regulations.
6 Tyndals Persons employed of lifting/transport/shifting 25 18
of heavy materials and equipment duties.
Lifting and handing tackles, art of lifting and
handling materials with stress on personal
safety, transport and manipulation of
materials and machinery. Protective
equipment, safety belt, boots, leg guard and
helmet Signaling code, workmanship norms.
Installations and shifting of pipes, cables,
rope, buntons and other shaft equipment,
switch gear, haulage coal- cutting machines,
 conveyor, motors pumps etc. Manipulation of
wire rope during installation/ replacement.
7. Coal Details of machines and its operation, proper 36 18
cutting/drilling use and care of machine and cables, picks,
machine crew. bits, sharpening,, shaping, picks laying,
oiling/greasing of various parts.

Precautions against falls/gas/coal dust, wet

cutting, drilling method, drilling pattern,
common troubles and remedies. Dangers
from cutting/ drilling in stone band, warning
to persons, fleeting of coal cutting machine
on gradient, keeping machinery reasonably
free from dust. Applicable regulations.
8 Attendants of Details of machinery and its accessories, 24 12
Haulage/Convey operating thereof, operation of voltage
ors. readings on switch-board meters if any,
dangers from sparks, overheating of
machinery. Lubrication, maintenance of
starters, tools, brakes. Fire fighting
equipment, its use and storage, first aid in
case of electric shock. Earthing of bed plates
of engine and motor, precautions in haulage
room, fencing, dangers of lose outer clothing,
emergency/personal light, signaling code
including emergency etc, Code, hauling
capacity, type of clutch condition of rope,
indicators for travel of rope, speed at
gradient and curves. Conveyor- type, use,
spillage sequence control, dangers from
stationary rollers, machinery to be kept
reasonably free from Oil/grease and coal
dust, Regulations.
9 Cleaning/wetting Coal dust, how produced, hazards such as 24 12
/stone dust- fire, explosions and Pheumoconsis, purpose
barriers/ of cleaning and wetting/stone during. Tools,
watering-gangs, properties of various stone dust, wetting
stone-dusting. agents, Methods of wetting blasted
Coal/roof/floor/sides of wetting supports etc.
Quantity of stone dust required per unit
length of roadways, frequency of dusting/art
of stone dusting.

Introduction to stone dust barriers, how to

load shelves, quantity per shelf. Zones and
sub-zones, collection samples along
roadway, transport and storage of stone
dust. Workmanship norms.
10. Stowing Gang Purpose of stowing materials 24 12
stowing/packing, methods, tools and
accessories their use, transport and storage,
types of pipe & their suitability for different
locations, joints and packing, pipe layout,
lying of pipelines.

Sand and water ratio, pipe jams and how to

 deal with them pipe cutting during stowing
operations, erections and salvaging of
barricades, stowing signals, stowing
efficiency, pipe wear, safe wall thickness,
how to test, method of changing/turning
pipes.. Working of mixing chamber locations
of leakage and jams rate of stowing,
workmanship norms.
11. Pick Miners. Tools- How to maintain them, art of cutting 24 12
coal, method/ arrangement for coal cutting at
height, stability thereof, Cutting of
roof/floor/side coal cutting for footpaths
manholes/drainage/ stopping etc. Method of
carrying coal to the loading points without
leaving behind the personal light, bit size
lumps not to be handled or loaded, proper
way to load tubs so as to give the required
amount of coal per tub, handing and
manipulation of tubs, dangers from
overhangs, effects of band lighting and dust..
Dangers from electric cables, testing of roof
& sides.

12. Trammers. Construction of tubs/coupling/attachments 24 12

between a rope or locomotive and a tub or
set or train of tubs etc./clips for endless,
haulage, use thereof. Haulage contrivances
and there operation, signals, signal code,
short circuiting troubles there-in, use of
manholes.

Uncontrolled movement of tubes and

precautions, use of sprags and drag.
Warning to persons likely to be endangered,
coupling/ uncoupling on gradients, handling
of tubs from and to cages, tipping of tubs,
negotiating curves, curves, causes of
derailments, rerailing of derailed tubs,
marking on defective tubs, precautions while
pushing/pulling the tubes, safety
contrivances such as stop block runaway
switch. Switches, jazz rails, re-railers,
turnouts etc.
13. Loaders. How to use a shovel, shoveling of material in 24 12
case of high heaps, big lumps not be carried
or loaded into tubs, proper filling of baskets
and tubs, dangers associated with entering
disused/fenced workings, entering the site of
blasting without the express instructions of
shotfirer/ officials, not heeding to warning of
impending collapse/airblast/bump, Not to
dislodge supports while loading, robbing of
pillars, overhangs effects of bad lighting &
coal dust. Different ways of over gang
baskets, workmanship norms.
14. Crane Operators Description of Diesel and Petrol Engine and 24 12
(including their starting. Type of ropes and relative
mobile crane strength. Correct Selection of Slings and
operators) securing heavy parts for lifting. Effect of
group slope while lifting. Heavy parts and
choosing correct angle of Crane Boom.
Types of shackles and V Bolts and their use.

Starting of Electric Motors and mechanism of

transmission of Power. Speeds while
travelling with leads up.

Operation of different levels and lowering of

materials.

Proper signals and their correct

interpretation. Inspection of crane, slings,
shackles before starting work.

Use of warning bells and application of safety

device, emergency brakes.

Bye laws in force.

15. Drill Operators. General Knowledge about Drilling Machines 36 12
Diesel Engines, Electric Motors and
compressors.

Lubrication system of Diesel Engine and drill

safety devices fitted on compressors, and
their maintenance in safe working order,
Location of faults in engine, compressors,

Greasing different parts of machines,

inspection of machine and power cables
before starting work. Checking of water and
oil temperature, minor repairs and
adjustments and use of correct tools,
Leveling of Drill Machines & operation of
different layers. Correct sequence of
operation of different levers.

Transmissions of compressed air from

compressor to Drill head. Location of faults in
running machines. Hydraulic system and its
principle. setting up of drill machines on
steep slopes.

Selection of proper rotation speed and effect

excessive speeds on bit life. Grinding
machines and Grinding Wheels, Correct
grinding of Bits. Different types of wear on
bits and general precaution to bits life.
Danger from working defective machines.
Correct selection and use of tools. Dangers
from loose house joints and defective
Houses.
 Need of discipline and punctuality.
Company's rules. Standing orders Bye-laws
in force at the mine organisation and General
safety.

16. Loco Drivers. General Knowledge about Engine and 36 18

electric motor. Transmission of power.
Different Gears and relative speeds.

Lubrication and cooling system of Diesel

Engines. Different Types of Brakes and
Basic principles. Sequence of starting.
Locomotive Inspection of Locomotives before
starting works. Minor repairs and
adjustments to Brakes and it's checking. Use
of correct tools Location of faults in Running
Loco.

Types of crossing and switch. Types of

signals. Loco speeds in shunting operations
and type of wagon couplings. Railway siding
rules. Use of warning Bells and safety
devices provided in Locomotion for safe
operations.

Types of fire extinguishers and their use.

Danger due to overspeeding. Loose shunting
General safety Marshalling Yard. Discipline
and punctuality. Company's rules. Standing
order. Bye-laws in force in Mine. Mine
organisation and General Safety. Use of
protective equipment. Duties of locodriver.
Precaution in shunting operation. Loose
shunting.

17. Dozer, Loader Pay General knowledge of working parts in 36 24

operators. Dozers. Payloaders. Different types of
Generals a Tranmission of power.

Lubrication system. Battery and Dynamo

connections. Location of fault in running
equipment.

Inspection of machine before starting works.

Travelling speeds, steering mechanism
Checking oil levels and water temperatures
Road signs and working in congested places
like stock piles, below dangerous overhangs,
 side clearance and over head clearances.

Filling and Dozing of tracks, Dozing on down

slopes. Toeing of Heavy trailers. Use of
correct sling and links. Tightening of loose
Nuts and Bolts and use of correct tools.
Parking of Dozers. Risks involved in working
on defective machine and safety precautions
in Dozing near Banks, Bench edges, Bye -
laws in force.
18. Dumper General knowledge about Diesel and petrol 36 24
Operators. engines and their working parts. Different
types of gears and transmission of power.
Hydraulic system in Dumpers. Need of
proper Lubrication and its checks. Correct Air
pressure in tyres and its effect on life of
tyres. Different levers provided in Dumpers.
Correct sequence of starting and stopping
engine. Lifting jacks. Engine cooling system,
Detection of faults in running (Dumper)
Engine. Brakes and its principle. Correct
application of Brakes and use of other safety
devices provided.

Driving Rules. Road signs and signals.

Defective driving precautions at Tipping
points and correct placing of Dumpers at
shovels. General inspection of Dumpers
before starting work and precise reporting of
any defect found during operation Parking of
Dumpers. Emergency Brakes. Danger in
driving defective Dumpers, dangers in
overspeeding. Use of Re-tarders of down
slopes. Bye laws in force.
19. Shovel General knowledge about various working 36 24
Operators. parts in a Shovel like Diesel Engines, Motors
Generators. Transformers. Principles of
friction. Different types of Ropes, clutch, and
Brakes. Different operating levers, steering
mechanism in shovels and steering shovels
on slopes. Crawling speeds and precaution
during crawling on slopes, Minor adjustment
to Brake and Clutch. Bands and use of
correct tools. Greasing and oiling of different
parts. Periodical checking of lubricating oil,
Water temperature in Diesel operated
shovels.

Correct sequence of operation and dangers

involved in running defective machine and
Safety Precautions. Protective devices as
Electrical units, their working and re-setting
the same, Importance of earthing electrical
motors, Generators, Transformers and other
apparatus. Minimum working voltage and
maximum working currents.
 Danger from defective electric cables and
careless handling of electric cables, Correct
method of operation and its effect on
efficiency. Safety precautions and use of
safety devices provided in shovel. Danger
from Explosives digging in vicinity of Misfired
shots. Bylaws in force.
20. Persons Proper stocking of materials, storage of 24 12
employed in inflammable materials like. Acids, Belt,
management of Solution, Grease, Oil Handling of Heavy
materials parts, types of slings, ropes and their correct
( Stores) application and code of signals. Storage of
Electric motors Batteries. Types and other
articles which may deteriorate due to
improper storing in humid Atmosphere. Need
of good house keeping.

Dangers from naked light. Types of Fire

Extinguishers and their proper use. Danger
from inadequate lighting, storage of materials
in piles, using of Gas Cylinder ( for welding.)
21. Welders & Gas Basic principle of Gas and Arc welding. 36 24
Cutters. Various forms of welding. Ways and means
of avoiding slag inclusion. Stresses induced
due to welding. Regulating the medium of
welding according to the needs. Detecting
and avoiding defects arising out of improper
welding on steel, Aluminum, Brass and cast
Iron.

Selections of correct welding equipment,

pressure welding rods. Drazing of non-
ferrous materials like copper, Brass, tubes,
Inherent dangers in job and safety
precaution. Use of corr5ct tools. Safety
precautions while welding in confined places
like crusher bottoms and fuel tanks. Welding
in shafts and working belowground,
precaution, use of protective equipment.
22. Fitter Helpers. Different types of spanners and their use. 36 18
Types of jacks (Mechanical and Hydraulic)
Greasing and oiling of machine parts
Cleaning of welding surfaces. Identification of
various Lubrication and other oils Handling of
wire ropes, slings, and correct applications.
Risks involved in use of wrong tools. Wrong
Lubrication and working on running engines,
flywheels and Belts and precautions.
23. Fitters. Management may propose Syllabus as 70 36
Electricians etc. period requirements allotted.
24. Members of a Where any worker performs the job related to See
Team/Composite more than one class/king of workers, he shall Syllabus
group of workers. undergo the job training for the specified
number of days for each of such class/kind of
worker.
 ANNEXURE - 'G'
On the Job Training For Apprentices

Outside Apprenticeship Act.

General:

1.Scheme:

Apprentices are appointed in the Company outside Trade Apprenticeship Act, 1951 mostly for
acquisition of surface land for Mining purpose and due to voluntary retirement and other
schemes. Such Apprentice is now generally taken for a period of one year under certain terms
and conditions. They have to be given exhaustive "On The Job" Training in various identified
trades in order to utilise them against natural wastage of manpower in the company. In this
rd th
connection, reference is invited to the letter No.ECL/HQ/CPO/C-6B/80/154 dated 23 /26
February 1980 from the Chief Personnel officer, Sanctoria.

1. Areas Identified For Training :

AREA SUB- AREA

(A) Conventional/Longwal/Mining (h) As Mining Sirdar Asst. in Longwall
faces.
(ii) As ventilation Asst.
(iii) As machinist/Fitter Helper.
(iv) As Electrician Helper.
(v) As stowing Mazdoor/Asst.
(vi) As support Man.
(vii) As conveyor Fitter Helper.
(viii) As Multi-skilled face worker.
(ix) As Dusting and sampling Organisation
Mazdoor.
(x) A Civil Engineering Underground
Organisation Mazdoor.

(b) Scraper Mining (i) As Mining Sirdar Asst. In scraper

faces.
(ii) As Multi-skilled face worker.
(iii) As Conveyor/Haulage Fitter helper.
(iv) As solid Blasting Mazdoor.
(c) Opencast Mining (j) As Auto-Fitter Helper.
(ii) As Auto-Electrician Helper.
(iii) As Lubricating Asst.
(iv) As Dumper/Dozer/Shovel Operator/Drill
Operator Helper.
(v) As workshop Fitter-helper.
(vi) As Mining Sirdar Asst.
in opencast Benches.
(d) Mine Surveying (i) As survey Mazdoor.
(ii) As Chainman.
(iii) As Tracer.
(iv) As Draughtsmen.
(e) Office Management. (i) As General clerk.
(ii) As P.F.Clerk.
(iii) As Bill clerk.
(iv) As pay clerk.
(v) As Stenographer/Typist.
(vi) As Judicial/Law Asst.
(f) Boiler maintenance (i) As Boiler Attendant.
(ii) As Boiler Fitter Helper.
(g) Vertical Transport maintenance (i) As Winding Engine Fitter Helper
(ii) As Winding Engine Operator Asst.
(iii) As suspension Gear Fitter Helper.
(iv) As Shaft fitting Fitter Helper.
(v) As Welder Helper.
(h) Horizontal Transport Maintenance (i) As Haulage Fitter Helper.
(ii) As Rope technician Asst.
(iii) As Haulage safety devices Fitter
Helper.
(iv) As Conveyor Fitter/Operator Asst.
(v) As TrackLayer.

(i) Mining Machinery Maintenance (i) As Fitter helper.

(ii) As Electrician Helper.
(iii) As Welder Helper.
(j) Blasting (i) As explosive Carrier.
(ii) As Clay Cartridge Mazdoor.
(iii) As Magazine Asst. Mazdoor.
(iv) As Driller.
(v) As water spray/Stone dusting
Mazdoor.
(vi) As Shotfiring asst.
(k) Health and Sanitation. (i) As Dresser Asst.
(ii) As Compounder Asst.
(iii) As staff Nurse Asst.
(iv) As Health /Sanitation Asst.
(v) As vaccinator Asst.
(vi) As X-ray, ECG, Health Laboratory
Equipment Asst.
(vii) As Clinical Laboratory Asst.
(viii) As Sweeping Asst.
(l) Laboratory. (i) As Analyst/Chemist Asst.
(ii) As Laboratory Asst.
(iii) As Laboratory Clerk.
(m) Tele-communication. (i) As Telephone Operator Asst.
(ii) As Telephone Mechanic Asst.
(iii) As lineman.
(n) Motor Vehicles. (j) As Motor Mechanic/Driver-Helper or
Khalasi.
(o) Coal/Sand Loading, Dumping. (i) As U.G Loader.
(ii) As Sand Gatherer/Dumper/Loader.
(iii) As Pit Munshi Asst.

The above identified Areas and Sub-Areas may be covered by the appointed apprentices in the
following trades qualification wise, age-wise gender wise.
Trades Qualifications Age Group Male/Female
(1) Mining B.Sc.H.S.(Sc.) 18-30 years Male.
(2) Surveying H.S.(Sc.)Land 18- 30 years Male
Sursveyor, Civil
Draughtsman.
(3) Commercial S.F.(Hu),H,S.(Ha)B.A. 18- 35 years Male and Female.
B.Com, LLB, Typist.
(4) Mechanical H.S.(Sc),S.F.(Sc) -do- - do -
L.M.E.and
aboveClass VIII.
(5) Electrical S.F.(Sc),H.S.(Sc) -do- -do-
L.E.E.and above
ClassVIII.
(6) HEMM H.S.(sc) B..Sc.L.M.E., -do- -do-
L.E.E.and above
Class VIII.
(7) Para-Medical H.S.,B.Sc.(Bio), SF -do- Male and Female.
and above ClassVIII
(8) S.F.,H.S.(Sc)and -do- -do-
Telecommunication below class VIII
(9)Laboratory H.S.(Sc),B.Sc. -do- -do-
B.Sc(Bio).
(10) Automobile S.F.and above Class -do- Male.
VIII.
(11) Loading Below Class VIII and -do- -do-
Illiterates.

3.Recruitment & Allotment of Trades:

An Expert Committee consisting of:

(i) Representative of G.M, All Areas.

(ii) (ii) Representative of Personnel Dept. of Hqrs.
(iii) (iii) Representative of the Department al Head of Hqrs.
(iv) (iv) Representative of GM (Training).

Which may be subjected to be changed suitably if deemed necessary will be formed by the Area
Training Officer and this committee so formed at the Area level of the Company will assess the
candidature of the recruited apprentices by the personnel Dept. This Committee will allot
particular trade to the Apprentice (s) Specifying Area and Sub-Areas of deployment as identified
in relation to the need of the company. Appointment letter preferably of the proforma as in
Schedule 'A' is to be issued to the candidates. On joining, the candidate shall submit a joining
report to the Manager/Agent Colliery/Project along with three copies of bio-date forms as
Schedule 'B'. On receiving bio-data forms at the Area level, these require to be distributed to
G.M.(Training), Hqrs. Personnel Manager of the Area, Colliery Manager for record.

4.Master Register:

One Master Register shall be maintained detailing all the requisite of the bio-data from at
the Colliery level, area Level and Hqrs.(Training) level, During official inspection, officers of the
Hqrs. Training may demand the same.
 5.Duration:

The duration of the training period as Apprentices will normally be for one year, which
may be extended to further six months. After the expiry of the Apprenticeship period, the
apprentice will continue their training for 2 to 3 years till they are competent enough had develop
sufficient skill up responsible assignments.

6.Training Hours:

Apprentices will be exposed to (a) 5- days 'On the Job Training' at the colliery/ project
under the guidance of Training Guide/ Asst. Manager/Engineer (b)1-day class room theoretical
training at Regional Training Institutes, Poniati/Burradhemo or at V.T.. Centers of Mining Training
Institute, Poniati. It will take little bit time to cater theoretical training at these Institutes which
under consideration of the Training Wing of E.C.L.

2. Training period Break Down :

(a) Total Training Days available 312
(b) Initial General Vocational Training under V.T.Rule 6 as per Schedule C. 30
(c) Class Room Induction Training days at V.T. Centers as per Schedule D. 5
(d) Class Room Training for First Aid to the standard of St.John Ambulance 5
Association as per Schedule E at the V.T.Center.

(e) Class Room Training for Gas Testing vide V.T.Rule 17 and as per Schedule F 6
at the V.T.Center.
(f) Class Room Theoretical Training one day/week as per block Syllabus 40
Schedule G (to be provided at the Inst.)
(g) 'On the job Training' Days as per Syllabus Schedule H. 226.

The total training period does not include days for leave/sick/ holidays.

Female Apprentices recruited under this scheme may be given only training under
V.T.Rule 6 (I). Induction training, First Aid training at the V.T.Centres and 'On The Job
Training'.

8. Maintenance of Diary :

The apprentices should maintain a diary as per schedule HH of their practical training.
Maintenance of a Diary for everyday of their work is necessary to enable the apprentices to know
the program of their work to get proper guidance from their supervisors/Engineers/managers/
Training Guides in their respective discipline/trades allotted to them. The Diary is to be filled in
duplicate one for the Office Manager/ Training guides, one for the office of the Area Training
Officer.

In addition, the Apprentices should maintain Diary of the daily work in detail in a book kept in their
possession, which may require to be produced before the Officer of the Training Department
during inspection.

9. Trade Test or Suitability Test :

Trade Test shall be conducted one month before the completion of training.The above test in the
from of aptitude test/viva voice will be conducted by the Area Training Officer with the guidance of
same Committee as in para 3.
Basis of Assessment:
(1) Report form the Manager 25
(2) Report form V.T. Manager. 25 qualified marks-
40.
(3) Viva-voice/Aptitude Test 50

The final report of the assessment shall be forwarded by the Area Training Officer to the
personnel Department for necessary action.

10. Scope and Standard of General Vocational Training at V.T.Centre.

V.T.Rule- 6.

Every person proposed to be employed in a mine on the surface or in open cast workings other
than a person who has held any such previous employment shall before he is so employed
under-go a course of theoretical and gallery training as specified in the First Schedule provided
that in respect of such class or kind of work as the DGMS may, from time to time, by notification
specify every person proposed to be employed thereto shall before he is so employed undergo a
further course of practical training on actual operations for a period of not less than 12 working
days.

(2) Every person proposed to be employed below ground in a mine (other than a person who has
held any such previous employment) shall before he is so employed undergo :-

(a) A course of theoretical and gallery training as specified in the second Schedule and

(b) A course of Practical training on actual operations for a period of not less than 12 working
days.

Provided that every such person proposed to be employed in a mine wherein safety lamps are
required to be used (hereinafter called gassy mine) shall before he is so employed, undergo a
further course of training about the dangers of inflammable gas and method of dealing with the
same as specified in the Third Schedule.

11. Induction Training :

A schedule in Schedule J is appended which is to be followed for 5 days Induction Training at the
V.T.Centres. Faculty Members for conducting the above course shall be paid honorarium by the
V.T.Manager from the V.T.Budget. On completion of the program, a report shall be made to the
General Manager (Training).

12. Absorption as Employee :

As and when an apprentice under this scheme is absorbed as an employee, a report in writing by
the Personnel Dept. At the Area level is to be made to the G.M. (Training) & P.M. Man-power cell
Hqrs. For their record starting the capacity and place of posting.

13. Training in First-Aid.

On completion of First-Aid training as per schedule E, V.T. Manager shall arrange in collaboration
with Colliery Medical Officer for their examination in First-Aid with Department of DGMS,
Sitarampur or with St.John Ambulance Association, Before the apprentices complete their
training, they are definitely required to pass the above examination. Faculty cost for conducting
the above training shall be borne from the training budget of the colliery.
14. Training in Gas Testing:

On completion of the Class Room Training on Gas Testing as per Schedule F, the Apprentices
required to possess the Gas Testing Certificate shall appear at the Gas Testing Examination
under Mines Act, 1952 which will be organised by the VT Manager at his V.T.Centre, Even if it
required to conduct tutorial classes for the purpose, VT Manager shall arrange the same.
Faculty cost for conducting the above training shall be borne from the training budget of the
colliery.

15. Class Room Theoretical Training :

Class Room Training on theoretical subject as per Block Schedule G shall be conducted at
MiningTraining School, Poniati, Regional Training Institute, Ponati / Burradhemo. On request from
the Principal of the above Institute, The Area. Training Officer shall sponsor candidates for the
above training 1-day/week 40-class days having two sessions/day in a year will be arranged by
the above Institute. Candidates having Automobile trade will be sent to Local Automobile Training
School for theoretical training by the Area Training Officer. Finance for such training will be borne
by the Area from their training budget. Candidates of telecommunication trade shall seek the
theoretical training conducted by the telecommunication dept. At Hqrs. for which Area Training
Officer shall make necessary arrangement. For the time being no theoretical training for the
candidates having para-medical, Laboratory, Loading trades can be arranged. They shall week
only 'On the Job Training.

16. On the Job Training.'

Training Guide/ Asst. Manager/Engineer shall guide the trainees to secure effective training as
per Block Syllabus Schedule II.

SCHEDULE - 'A'

EASTERN COALFIELDS LIMITED.

(A subsidiary of Coal India Limited)

OFFICE OF THE GENERAL MANAGER/PROJECT OFFICER------ AREA/PROJECT

P.O. ----------- Dist.----------------------- Pin-------------------------

Sub: Scheme for engagement as Apprentice under Land Loser's Scheme vide Circular No-----
Dated------------

To
Sri
S/O

Village-----------------------P.O.----------------------

Dist.--------------------------State ----------------

Dear Sir,

In pursuance of the above scheme of the Company, the undersigned is pleased to offer you an
appointment as ---------------------- Apprentice in this Organisation on the following terms and
conditions specially in the development. Area/Sub-Area --------------------- Colliery/Workshop from -
-----------------------------.

1. That you will work as a ----------------- apprentice for a period of one year.

2. That you will be paid a consolidated stipend of Rs.130/- (Rupees one hundred and thirty only)
per month.

3. That after satisfactory completion of your apprenticeship period you will have to appear
before the Selection Committee for a trade test for consideration of your absorption as ---------
-----------.

4. That if during the above period of apprenticeship, your performance, behavior and attitude
are not found satisfactory, your appointment will be terminated without any notice and without
assigning any reason whatsoever.

5. That you will to make your own arrangement on accommodation for which you will not be
entitled for any house rent.

6. That you are not entitled to any benefits engaged by the employees of Eastern Coalfields
Limited.

7. That you are subject to transfer for posting in any of the colliery/workshop of the company.

8. That this appointment will be subject to your being found medically fit by our medical officer,--
------------------------

9. That you will surrender your Employment Exchange Registration card to the undersigned for
return to the Employment Exchange Officer.

10, That in case of any dispute arisen about the ownership of the land, your appointment as
Apprentice will immediately be suspended till firm settlement of the dispute.

.
11.That during the above apprenticeship period, you will not be entitled to join any other. In
Company/Out Company training program unless deems it necessary by the training department.

12.that any leave/sick granted to you will be at the discretion of the management.

10. 13. That you are required to report to the Agent/ Manager,--------------------Colliery/Workshop
at 8.00 A.M. on --------------------------- for 'On the Job' training under the Training Guide/
Asst.Manager/ Engineer strictly adhering to the block syllabus Schedule --------------- of the
training plan. Therefore, you are required to report he Manager. -------------- Vocational
Training Center for Initial/General Vocational training under Mines Rules and Induction
Training.

If the above terms and conditions acceptable to you, you are to give in writing stating the date of
joining and fill (in the attached bio-data form in triplicate.

Signature of the General Manager/ Project Officer.

 JOINING REPORT

To
The General Manager,
-----------------------Area.

(THROUGH PROPER CHANNEL0

Dear Sir,

Under reference to your appointment offer No.------------- dated ----------- I hereby solemnly declare
that I shall abide by the terms and conditions stated therein. I am joining on the
forenoon/afternoon of dated… At … Colliery as … Apprentice. Three copies of filled in Bio-
date from a duty verified by the Manager … Colliery/Project are being sent to you for reference to
my service file.

Date … Signature of the Apprentice.

c.c.

1. Personnel Manager------------- Area/Project.

2. Agent/ Manager --------------------Colliery/ Project.

3. Area Safety-cum- Training Officer----------------------- Area.

4.Finance Manager ------------------------------Area/Project.

5.Manpower Cell, ECL.Hqrs, Sanctoria.

6.General Manager (Training), M.T.I. Ratibati.

7.Service File.

8.Office file.

9.Regional Employment Exchange-with a request to note that Sri ---------------------regd.No. ---------

------------------------ Has been recruited as -----------------from ------------------.
 SCHEDULE 'B- I'

BIO - DATA FORM

1. Name ( In Block letters)

2. Father's Name

3. Name and address of the owner of the land

Purchased by the Company.

4. Trade Area of Deployment

5. Qualification

6. Place of Posting

7. Date of Joining

8. Date of Completion of training.

9. Whether SC/ST

10. If absorbed, capacity and place of posting.

11. Staff No./Unique Man No.(If any)

12. Scheme under which recruitment is made

13. Employment Exchange Regd.No.

14. Specimen Signature.

SCHEDULE - C- I

First Schedule under V.T.Rule 6(1)

Course of Theoretical and Gallery training for surface and opencast Workers.

Ist Day (Surface)

Talk: Organisation time keeping, the need for discipline and punctuality, other matters of
general interest.

Training in first aid.

Visit: Attendance room, pit head bath, canteen, Rest Shelter Crèche.
nd
2 Day (surface)
Talk: Rules. Standing orders etc. in force at the mine, safety in the vicinity of surface
machinery.

Training in first aid:

Visit: Tramways and sidings, Haulage rooms, winding room, Boilers Electrical Gears,
Workshop.
rd
3 Day : (Surface)

Talk: Benching in quarries, Dressing of overhangs, Fencing, First aid and Hygiene.

Training in first aid.

Visit: Quarries, Medical Centers.

Practical work: Tub Manipulation, coupling tramming, lockering, re-railing of tubs.

th
4 Day (Surface):

Talk: Shotfiring and Safety regulations.

Training in first aid.

Visit: Practical demonstration of taking shelter etc.

Practical work: Building of sand bags stopping.

th
5 Day: Talk: Legislation and duties of work persons.

Training in first aid.

Visit: "What 's wrong?

Practical work: Laying of tracks.

th
6 Day:

Talk: Mine Official and their duties, Oral test.

SCHEDULE - C -II
nd
Under 2 Schedule of V.T.Rule (2) aa :

Course of Theoretical and Gallery training for workers belowground.

Ist Day:

Talk: Method of transport belowground, signaling, man holes and other safety appliances on
haulage roads.

Training in first aid

Visit: Underground pit bottom, travelling road-way, second outlet, haulage and tramming
roadways, stations and fencing belowground.

Practical work: Tub manipulation, coupling, tramming lockering, re-railing of tubs and
signaling, laying of pipes and track.
nd
2 Day:

Talk: Face work, roof control, testing of roof, support, regulations, first aids any Hygiene.

Training in first aid:

Visit: Underground working face, underground latrines, first aid stations.

Practical work: Prop-setting, chock building and withdrawal.

rd
3 Day:

Talk: Ventilation, Lighting, Legislation and duties of work persons.

Training in first aid:

Visit: Underground ventilation and lighting devices, Fan house, air crossing, stopping
regulator doors etc.

Practical work: Erecting brattices, ventilation of blind ends, practical demonstration of fire
fighting device, detection of noxious gases.
th
4 Day:

Talk: Shotfiring and safety regulations, Causes and preventing of fire underground, care of
lamps.

Training in first aid:

Visit: underground practical demonstration of taking shelter etc.

Practical work: Building of sand bag stopping.

th
5 Day:

Talk: Mine gases (particularly carbon monoxide, carbondioxide and methane) and dangers
therefrom testing for the same or, General revision.

Training in First aid:

Practical work: Cleaning of galleries.

th
6 Day: Talk: Mine official and their duties, oral test.

Visit: Underground "What's wrong"?

 SCHEDULE - C - III

Third Schedule under V.T. Rule (2) b:

Course of special additional training for entrants to gassy mines.

Ist Day:

Talk: Dangers of inflammable gas: Effects of inflammable gas in different percentages. Gas
caps, Difference between combustion and explosion. After damp-its effect Method of testing
for inflammable gas with flame safety lamp.

Demonstration: Gas caps. Difference between combustion and explosion.

Visit: Visit to safety lamp cabin to see how lamps are maintained, cleaned etc. and to study
construction of safety lamps.
nd
2 Day:

Talk: Principle of construction of flame safety lamps and of flameproof electrical equipment.
Assemblies of flame safety lamps. Care of safety lamps during use. Dangers of opening or
tampering with safety lamp.

Demonstration: Effects of wire gauge on flame.

Practical work: Testing for gas.

Visit: Visit to workshop to see flame -proof equipment.

rd
3 Day:

Talk: Duties of workers in gassy mine and where inflammable gas exists, Dangers of
smoking, Contrabands.

Visit: Visit (1) to lamp cabin to see arrangements for checking lamps before issue and after
receipt and (2) to the mine entrances to see arrangement for checking safety lamps and for
searching of contrabands.

Practical work: Cleaning and assembling safety lamps.

th
4 Day:

Talk: Explosion and health hazards from dust. Methods of suppressing dust. Water spraying.
Cleaning and stone dusting wet cutting. Wet drilling. Use of respirators. Occurrences of
inflammable gas. Methods of removing gas. Necessity for good ventilation at the face.
Ventilation devices.

Visit: Underground visit to see dust suppression arrangements and measures. Surface and
underground visit to see ventilation devices. Practical work: Erection of bratices. Ventilation of
blind ends.
 th
5 Day:

Talk: Dangers of shotfiring in gassy mines. Precaution. Underground visit to see shotfiring.
th
6 Day:

General revision. Oral test.

SCHEDULE - 'D'

CLASS ROOM INDUCTION TRAINING

Venue: Vocational Training Center

Days: (five)
nd rd th
I Ist session 2 session 3 session 4 session
Ist day Organisaion in ECL the Roll & functions Safety in Mining. Safety in Mining.
Area level. of different
departments/
nd
2 day Disciplinary procedure. Disciplinary Productivity Film show in
procedure. material
handling.
rd
3 day Self development Communication. Class study in
communication. Film show in
F.Aid.
4thday Cost consciousness. Morale with Duties of Duties of
motivation. individual. individual/
th
5 Day Vital provisions of Vital provisions Film show in F. Film show in
CMR,M/ACT. of M. Rules etc. Aid. F.Aid.

Note: Each session shall be of 90 (ninety) Minutes duration.

SCHEDULE - 'E'

FIRST AID

Venue Vocational Training Centers.

nd rd th
Ist session 2 session 3 session 4 session.

Ist day. Structure & Burns & Scales Practice. Practice.

Function of body.
nd
2 day. Blood circulation, Bandages, Practice. Practice.
wounds & splints etc.
Haemorrage.
rd
3 day. Fractures, shock Transport of Practice. Practice.
& injured
unconsciousness. persons.
th
4 day. Respiration Mine Artificial Practice. Practice.
 gas poisoning. Respiration &
Mine Diseases.
th
5 day. Examination.

Note: each session is of 90 (Ninety) minutes' duration

SCHEDULE -'F'

Eighth Schedule under V.T.Rule 17.

COURSE OF TRAINING IN GAS TESTING

(Demonstration to be arranged with every talk and each talk to be followed by discussion. The
duration of each talk and discussion to be not less than two hours.)

Ist day talk:

Physical and chemical properties of inflammable gas. Occurrence of inflammable gas. Gas
outbursts. Dangers from inflammable gas in different percentages. Difference between
combustion and explosion.
nd
2 day talk :

Other mine gases. Their properties and effects. After damp its composition and effects.
rd
3 day talk "

What makes a safety lamp safe ? Construction and assembly of safety lamps, both of flame and
electric type. Care of safety lamps. Opening, cleaning, assembling and testing of safety lamps.
th
4 day.

Methods of testing for inflammable gas with flame safety lamps. Gas caps. Accumulation and
percentage tests. Precautions where gas present.
th
5 day.

Provisions of regulations relating to safety lamps, and to the presence of inflammable gas. Other
means of testing for inflammable gas.
th
6 day talk:

General revision and discussion.

 SCHEDULE - 'H-I'

BLOCK SYLLABOUS FOR "ON THE JOB TRAINING '

TRADE: MINING.

Sl.No. Code Composition Days.

1. MIN/a General (a) Study of plans, geology of the Areas 20 days.
Mining no. of Coal Seams.

(b) Aquatinting with surface features.

(c) Accompanying Overman/M.Sirdar
on their routine inspection and
aquatinting with the mine workings.
2. MIN/b Mine (a) Preparation and tracing of different 20 days.
Surveying. Mines plans.
(b) (b) Practical surveying & leveling
with surveying instrument & office
calculation.
(c) (c) Coal depot measurement,
overburden measurement and
gallery marking.
3. MIN/c Explosive (a) Study of explosive used in the 20 days.
& shotfiring. mines magazine, keeping Reserve
station, Blasting efficiency,
precautions against pilferage &
wastage.
(b) Asst. to shotfirer, studying blasting
operation, Misfired shots.
(c) Study of shotfiring tools exploders.
(d) Blasting in stone drifts inking shafts,
opencast blasting, blasting off the
solid.
(e) (e) Pattern of shot holes, drilling &
blasting.
4. MIN/d Timbering (a) With timber crew- setting of props, 20 days.
& Bratticing. logs and bars, systematic timbering
rules, withdrawal of supports.
(b) (b) Timbering and special methods
of supporting weak grounds, wide
junctions, Incline months.
(c) (c) Bratticing at the face, its
transport underground.

5. MIN.e Bord & (d) (a) Study of plans, panel system 20 days.
pillar of development workings, driving of
Development. galleries, under cutting by C.C.Machine.
6. MIN/f (a) A study of the plan of the depillaring 30 days.
Depillaring. area, size of the panel and its barrier,
building of isolation stopping,
arrangements of tracks, Sequence of
pillar extraction and line of face.
(b) Splitting of pillars, methods of
extraction, stocking and slicing methods.
 (c) Stowing in all details, surveying
prevention of robbing, drainage.
7. MIN/g Longwall Layout of longwall district cycle of 20 days,
Mining. operation, blasting pattern, Gate road-
ways, system of supports, breakage of
roof.
8. MIN/h scraper, Layout of scraper mining operation, 10 days.
Mining. scraper haulage multi-skilled workers
cycle of operation,
9. MIN/i Opencast (a) Layout of meachanaised O.C.P., 20 days.
Mining. O.C. Machaneries. Organisation, Coal
overburden ratio.
10. MIN/j Ventilation (a) Ventilation surveying, Aircrossing, 36 days.
& Mine Gass. stone dust barriers, stone dusting Mine
air sampling, Mine dust sampling
quantity of air V.E.Q. degree of
gassiness detection, determination &
removal of inflammable and noxious
gases, Fire fighting organisation,
emergency organisation standing
orders.
11. MIN/k The horizontal and vertical transport 10days.
Underground system from the coalface to the siding.
Transport & Distribution of powers, water percolation,
power. and pumping system of the mine.
12. MIN/l workshop. Heat treatment of diff. mining equipment, 10 days.
smithy shop, repair jobs of pumps,
motors etc.
226 days.

SCHEDULE - ' H-H'

BLOCK SYLLABUS FOR 'ON THE JOB TRAINING'

TRADE: SURVEYING.

Sl.No. Code Composition

1. Surv/a General Measurement of coal/overburden. Office calculation.
Preparation plans & sections, tracing, use of plannimeter,
use-of different scales etc. Enlargement, Reduction &
copying of plans. Study of buildings, fan drift, surface
structure sinking shaft haulage and winding engine
installation, water reservoir and sand bunker construction
and stowing plant layout.
2. Surv/b Chain Use of diff. kinds of chains & tapes requisites of chain
surveying, surveying. Reconnaissance, selection of stations,
carrying out chain triangulation, offsetting, booking,
plotting from the field book, limits of error..
3. Surv/c Dial Surveying. Use of diff. types of dial, how to read vernier scale,
centering, leveling construction of vernier Dial, carrying
out Dial survey on the surface as well as underground
loose needle/ fixed needle surveying. Different methods
 of fixed needle surveying. Study of advantage, and
disadvantages. Borehole & shaft surveying. Extension of
center and grade lines. Booking and plotting Test, care,
maintenance and adjustments of dial. Limits or error.

4. Surv/d Theodolite Use of different kinds of theodolites. Care and

surveying. maintenance. Test and adjustment, diff. Methods of
surveying with theodolite and their advantages and
disadvantages, calculation and use of rectangular co-
ordinates and computation. Limit of error.

5. Surv/e Triangulation Purpose, principles involved, methods of measuring

Surveying. angles study of diff. meridian, declination, dip of the
needle.
6. Surv/f True North True north line of the colliery. Study of different star,
determination. determination of the true north line etc.
7. Surv/g Lvelling & Study of diff. Leveling Instruments & metric staff. Their
countouring. care & maintenance, test and adjustment. Carrying out
surface and underground leveling work. Spot
determination of gradient. Calculations of cutting,filling
roof ripping. Diff. Methods of contouring, preparation of
contour map, subsidence survey, H.F.L. survey, water
danger plan etc, Limits of error.
8. Surv/h Plane Table Study of plane table surveying. Different methods
Surveying. involved. Carrying out plane TABLE SURVEYING. Study
of cadestral maps. Geological maps etc.
9. Surv/hh Correlation Different methods of correlation survey. Its accuracy,
determination U/G Benchmark. Trijunction pillar.

10. Surv/j Miscellaneous. Tachometric survey, Curve laying pit top and pit bottom
layout. Drainage system of the colliery, construction of
buildings, dams and civil engineering works.
 SCHEDULE - 'H-III'

TRADE : COMMERCIAL
Sl.No. Code Subject Days.
1. G.Com/a Recording and Filling, Exercise on 25 days.
Maintenance of records, filing system of our
organisation.
2. G.Com/b Mail handling & correspondence, Exercise 25 days.
on main handling and correspondence
maintaining Registers- Diary and despatch
registers- Filling and correspondence.
3. G.Com/c Drafting notices: Practice on drafting 20 days,
notices of various types and reports.
4. G.Com/d PBX & TELEX: Working knowledge of PBX 10 days
& TELEX.
5. G.Com/e Communication & Records: Exercise on 20 days.
Telegraphic communications, phonogram,
code telegram, savinggram, cypher
telegram etc. Maintaining Registers for
record of such communications.
6. F.Com/f Rule & Regulations: Exercises of dealing 20 days,
with different cases with application of rules
and regulations Mines Act, Mines rules,
Compensation Act, Conservation Act,
Industrial dispute Act, Wage board
recommendation, service rules.
7. G.Com/ff Type writing: Practice of Type writing to 0 days,
attain a minimum efficiency of 30 w.p.m.
8. S.Com/a Sales & Desptch: Participation in the job of 56 days.
sale/purchase and despatch of coal, timber,
plant & machinery.
9 S.Com/b Store keeping & Purchase: Acquaintance 56 days.
with the types of store to handle, design
and usage of store receipt forms, dummy
transactions, Issue & return of materials,
store registers, forms, code and records.
Magazine keeping. Issue & return of
explosives.
10. S.Com/c. Book-keeping & Accountancy: Entries of 56 days.
imprest and petty cash book, Bank
Transactions, Trial balance closing stock,
outstanding expenses, paid expenses,
depreciation, interest on capital revenues &
capital expenditure, distributions of profits,
salary sheet, bonus sheet, single entry
system, tax calculation, voucher writing
promissory notes, bill of exchange, import &
export procedure.
11. S.Com/d Provident Fund. Filling up forms, 56 days.
submission of returns, conduction,
maintenance and submission of
contribution of cards.
12. S.Com/e. Time keeping: Maintenance of different
registers under Mines Act, pit mouths
 attendance, piece rate/daily rate wages
system. Office calculations.

Note: 1- 7 will be covered by all as general and Sl.No.8- 12 each will be covered by individual to
suit their attitude.

SCHEDULE - 'H- IV'

TRADE MECHANICAL

Sl.No. Code Subject Days.

1. Mech./a Mannual Metal works skills. 20 days.
Safety precaution, marking, chipping, filing,
sawing, center punching, drilling, revetting,
pipe threading & fitting.
2. Mech/b. Machine working skills: 20 days.
Plain & step turning thread cutting, taper
turning, boring grinding of lathe tools,
surface grinding.
3. Mech/c. Hot working skills. 20 days.
Head treatment of tools and component
parts, normalising, annealing, case
hardening simple gas and electric welding.
4 Mech/d Development of basic skills. 30 days.
Fitting of male & female parts,
Removing/Replacing of broken stands,
Replacement/Repairing of belts,
checking/repairing of damaged bearings,
Replacement of packing glands and seals,
Preventive maintenance work, breakdown
maintenance work.
5. Mech/e Winding Installation equipment: 30 days.
Identification of components used in
conjunction with winding installations, clear
under-standing of their functions and
essence of mechanical maintenance they
need. Dismantling and refitting of safety
attachments. Lubrication of winding and
guide ropes and their measurements.
Steam joints, change of packing, mounting,
fitting and accessories of boilers.
Dismantling, and fitting of injectors.
6. Mech./f Pumps & their fittings: 26 days.
Diff. types of pumps used in mines,
installation, alignment, metal, bearing
setting, proper way of gland packing,
changing, locating primary troubles,
overhauling of pumps.
7. Mech/g. Haulage system : 20 days.
Different types of haulage system,
maintenance and routine checking of
 haulage ropes. Safety appliances and
breaking of rope haulage, installation,
alignment and extension of conveyors of all
types.
8. Mech,/h Coal cutting machine: 20 days.
Overhauling and maintenance of Coal
Cutting Machine.
9. Mech,/hh Special operators: 20 days.
Track laying, pipe laying shaft fitting, rope
splicing. Rope capping, winding rope
hanging, guide rope changing and
lubrication.
10. Mech./j Repairing and Replacement: 20 days.
Repair of gear box, fluid couplings, driving
sprocket tailend roller chains, pans &
conveyors, coal drill, Dowty props,
Hydraulic pulleys, compressor, ventilation
fan, Gear box for ropeway transmission,
Belt conveyor structures, End tipplers etc.
226 days

TRADE: ELECTRICAL /AUTO ELECTRICAL

Sl.No. Code Subject Days.

1. Ele./aa Basic Hand Tools: 20 days.

Use of hand tools, chipping Filing, Drilling,
Threading, Riveting, positioning, fitting of bolts,
nuts & screws.
2. Ele./b. Making of joints: 20 days.
Making of joints using single & multi strand
cables, soldering, House wiring.
3. Ele./c Use of electrical Appliances: 30 days.
Use of switches, plugs, sockets, cut-out fuses,
regulators, test lamps, primary & Secondary
batteries, armatures, voltmeter, meggar,
condenser, wire gauge.
4. Ele./d. Running, care and maintenance: 20 days.
Generators, A.C.motors & starters, switch gear,
circuit breakers, transformer switches fuse
boxes electrical appliances.
5. Ele./e Installation of illumination units: 20 days.
Installation of lighting circuits for illumination,
connection of motors, generators, field
regulators, switch boards.
6. Ele./f. Winding of Transformers: 20 days.
Winding and rewinding of transformers.
7. Ele./ff Overhead line erection: 20 days.
Overhead line erection and different electrical
connections to electrical apparatus.
8. Ele./g. Laying underground cables & flexible cables, 20 days.
cable jointing, vulacansing of trailing cable/
9. Ele./h. Installation & maintenance of underground 26 days.
 lighting & signaling equipment.
10. Ele./hh Repair of Electrical Apparatus: 30 days.
Repair of switchgear, Gate-end-box, Drill panel,
simple exploder. Mining telephones, electrical
units of Coal Cutting Machine, Coal drill, Coal
loader, pump set, ventilating fan and winding
equipment and mining machinery.

SCHEDULE = 'H- VI'

TRADE: HEAVY EARTH MOVING MACHINERY :

CODE SUBJECT DAYS.

HEMM 1 Fitting ,Drilling, Tapping and Reaming: 20 days.
Use of hand tools, Calipers, precision measuring
instruments chipping, drilling blind holes, tapping
use of cutting lubrications, stocks & dikes, Hand &
Machine reaming, Removal & broken studs.
HEMM 2 Turning, Sheet Metal Work and Welding: 20 days.
Binding, rolling, soft soldering, nipples and cables,
pipe bending simple welding of metal.
HEMM 3 Power unit of Tractor, cooling system Fuel system 20 days.
steering and breaking system;
Handling a tractor equipment, engine removal,
engine dismantling, fit valve guides, checking &
fitting of bearings, pistons & rings, engine timing,
cooling system overhauling the water pump, fuel
system, overhaul of friction clutch gear box, gear
shift mechanism, steering mechanism overhaul
adjust & test breaking system.
HEMM 4 Tractor Hydraulics, under carriage: 20 days.
Fault finding remove and refit wheels, tires &
tubes Minor repair tires, tube, and track
adjustments.
HEMM 5 Suspension, Electrical and Starter system: 30 days.
Remove and refit recoil spring, overhaul
suspension system, minor repairs to starter
motors, generators and regulators start and stop
procedure, battery maintenance.

SCHEDULE - H - VI'

CODE Subject Days.

HEMM 6 Lubrication system, Tractor Implements, Trouble: 26 days.

Shooting Lubrication system and reconditioning of

oil fitters and pumps, lubrications of implements
and their application adjustment and maintenance,
power take off system driving & Tractor.
HEMM 7 Earth Moving Machinery and Cooling system: 20 days.
Operation of Earth Moving machinery, fitting brake
lining, removal and refit valve guides, valve seat
inserts, and ball races, oxy acetylene cutting and
Arc welding, fit, adjust and checks of Fans, Fan
belts, thermostat.
HEMM 8 Fuel system petrol and Engine: 20 days.
Simple fuel tank repairs, overhaul of carburetors,
mechanical /Electrical fuel pump, check and renew
filters. Air cleaner maintenance, overhaul of
Transfer pump, fuel injection equipment, calibration
and phasing, installation of fuel lines and pump.

HEMM 9 Electrical and ignition systems of Diesel and petrol 20 days.

Engine:
Running repairs, checking lighting and warning
circuits, checking glow plugs, overhaul of super
chargers, turbo charger, fitting ignition coil,
distribute Maintenance Test, Clean and adjust of
sparking plugs, Magneto testing and timing.
HEMM Transmission and Drive system: 20 days.
10. Fitting and Maintenance of Universal joints, power
shift mechanism in transmission Maintenance,
adjustment, inspection and repair of final driver.
226 days.

DIARY SHEET

(To be filled in duplicate)

1. Name of the Apprentice:

2. Trade:
3. Place of Posting:
4. Date of Joining:

Date: Jobs undertaken: Remarks of Supervisory/Training Guide:

1.
2.
3.

Signature of the Apprentice. Signature of Manager/

Training Guide,
 THE MINES CRECHE RULES, 1966
1 st
G.S.R. 516, dated the 1 April, 1966.- In exercise of the powers
conferred by clauses (d) and (w) of section 58 of the Mines Act, 1952
(35 of 1952), the Central Government hereby makes the following rules,
the same having been previously published and referred to every Mining
Board concerned as required by subsections (1) and (4) respectively of
section 59 of the said Act, namely:-

1.Short title and application.-(1) These rules may be called the Mines
Crèche Rules, 1966.
2
(2) They shall apply to all * * * mines to which the Mines Act, 1952,
applies
.
2.Definitions.- In these rules, unless the context otherwise requires,-

(a) “Competent authority” means, in respect of coal mines, the Coal

Mines Welfare Commissioner and, in respect of the Chief Inspector
of Mines, and includes any person authorised in writing in this
behalf by the said Welfare Commissioner in the case of coal miens
3
of by the Chief Inspector in the case of [other mines] to perform all
or any of the functions of a competent authority under these rules;

(b) “crèche” means a room of rooms with ancillary accommodation

reserved for the use of children under six years of age, of women
employed in a mine;

(c) “Medical Officer-in-charge” means a qualified medical practitioner

employed, whether on a whole time or part-time basis, by the owner
of a mine to perform the duties assigned to such officer b these
rules.

1. Published in the Gazette of India, 1966, Part II, Section 3(i), Page 591
2. Omitted by GSR 1371, dated 2.9.1967
3. Substituted, ibid
 [The owner or agent] of every mine (hereafter in this rule referred
to as the said person) wherein any women are employed or were
employed on any day of the preceding twelve months, shall within
such period as may be specified by the competent authority,
construct there at a creche in accordance with the standards
prescribed under rule 4:

Provided that where the competent authority is of opinion that

the situation, nature and extent of the workings or other places where
women are employed are such as to render compliance with the
provision of these rules not reasonably practicable, the competent
authority may by order in writing exempt the said person from the
provisions of these rules for such period as may be specified in the
order subject to the condition that the competent authority may require
the provision and maintenance of a suitable room or rooms with as
attendant and necessary equipment at or near any working place or
part of the mine :

Provided further that if the competent authority is satisfied that

by reason of shortage of building material or of labour, the said person
is unable to provide within the stipulated period a crèche in
accordance with the specifications in these rules, that authority may
approve of the erection of a temporary structure to be replaced by a
permanent structure within such time as he may prescribe.

(2) If the competent authority is of opinion that the conditions in any

mine or part thereof are such as to render compliance with the said
rule unnecessary, he may be order in writing and subject to such
conditions as he may specify therein exempt the mine from the
provision of a crèche.

(3).If in any case the competent authority is satisfied that no

inconvenience will be caused to the employees concerned, if a single
crèche is provided to serve neighboring mines, he may authorise by
1
order in writing [the owner or agents] of such mines to provide jointly
a single crèche and on such conditions as he may specify in the
order.
 Mines that the productive capacity of a mine will be exhausted within
three years from the date of the certificate, the competent authority
may on condition that the said person shall provide a temporary
structure to serve the purpose of a crèche and on such other
conditions as the competent authority deems fit, grant by order in
writing exemption from the construction of a crèche in accordance
with these rules.

(5). Subject to such relaxations as may be considered necessary

by the competent authority the provision of rules 5 to 13 shall also
apply to every room or rooms provided under the first proviso to sub
rule (1) and to every temporary structure provided under the second
proviso of sub-rule (1) and under sub-rule (4).

4.Standards for crèches: - (1) There shall be four types of crèches

according to the number of women employed, namely Type ‘A’, Type
‘B’ , Type ‘C’ and Type ‘D’.

(2) The plinth areas of different types of crèches and the type of crèche,
which shall be provided, shall be as specified in Schedule I.

(3) Every crèche shall conform to the following standards:-

(i).It shall be contained in one building, built of brick and

mortar, adequately lighted and properly ventilated and affording
effective protection from all kinds of weather: Provided that, with the
previous permission in writing of the competent authority, it may be
built of any other material which the said authority may approve.

(ii) It shall be constructed on a suitable site selected by the

mine management with the previous approval of the competent
authority.

(iii) The flooring shall be of cement or stone and the ceiling

shall not be less than 4 metres high from the floor.
 the wood-work shall be painted or varnished once in every three
years.

(v)It shall be maintained in a clean and sanitary condition to

the satisfaction of the inspection staff:

Provided that the competent authority may permit variations in

the standards specified in clauses (iii) and (iv) having regard to local
conditions.

5.Provision of latrines: - (1) There shall be provided one latrine in each

‘A’, ‘B’ and ‘C’ Types of creches and two latrines in each ‘D’ type of
crèche:

Provided that a separate latrine or commode shall also be provided in

all types of crèches , wherever considered necessary by the competent
authority for the use of children affected by any infections disease.

(2) The latrines shall be kept in a sanitary condition to the satisfaction of

the inspecting staff.

(3) The competent authority may permit variations in the standards

specified in sub-rule (I) having regard to local conditions.

6. Provision of bath rooms: - In every crèche there shall be provided a

closed bath room with separate space for washing and drying soiled
clothes or bed linen. The bathroom shall be equipped either with a sink
of masonry tubs and the quantity of water to be provided shall be on a
scale of at least 15 liters per child attending the crèche.

(2) The competent authority may permit variations in the standards

specified in sub-rule (1) having regard to local conditions.
cradles, cots, beds, linen, bedding, feeding bottles, cooking utensils,
toys, furniture and other equipment for the use of children shall be
maintained at each crèche on the scale specified in Schedule II.

(2) A supply of cool and wholesome drinking water shall be provided for
each crèche on a scale of at least two liters per child attending the
crèche.

(3) Milk and diet for children attending crèches and clean clothes for the
crèche staff shall be supplied on the scale specified in Schedule III.

(4) The competent authority may permit variations in the standards

envisaged in sub- rules (1), (2) and (3) if considered necessary.

8. Time when crèches shall be kept open:- The crèche shall remain
open at all times, both by day and by night when women employees
are working at the mine and it shall be properly lighted at night.

9. Use of the crèche: - The use of the crèche shall be restricted to

children, their attendants, the supervisory staff and; such ;other persons
as may be related to or concerned with children in the crèche.

10. Medical Arrangements:- (1) A medical examination of the children

attending the crèche shall be made every month by a qualified medical
practitioner and a record of such examinations shall be maintained in
Form A.

(2) A medical examination of the nursing mothers attending the crèche

shall be made once in every two months by a qualified medical
practitioner preferably a women. When the examination is conducted by
a male doctor, it shall be made in the presence of the crèche nurse.
Records of such examination shall be maintained in Form B.
the mine, [or some other person (other than the manager), whom the
owner or agent may appoint for securing compliance with the provisions
in respect of crèche (hereinafter in these rules called the Officer-in-
charge Crèche)], shall be responsible for the general supervision of the
crèche.
2
11. Provision of staff:- (1) [The owner or agent] of a mine shall
employ, at every crèche, staff on the scale prescribed in Schedule IV:

Provided that only such women as have successfully undergone training

as; a crèche nurse at an institution approved by the Central Government
shall be eligible for appointment as a crèche-in-charge:
st
Provided further that in the case of a woman in employment on the 1
June, 1963 as crèche-in-charge in a mine, this provision may be relaxed
with the approval of the competent authority subject to such conditions
as may be specified.

(2). Where by reason of temporary absence, illness, or any other

simi9lar cause, the full–time crèche-in-charge is unable to perform her
duties, [the owner, agent or officer-in-charge, crèche of the mine shall
authorise in writing anyone whom he considers competent to action her
place:

Provided that no such authorisation shall have effect for a period of

more than thirty days except with the previous consent of the competent
authority.

(3) The crèche-in-charge shall ensure that the crèche is kept in a clean
and sanitary condition, that all children attending it are properly looked
after, washed and fed in accordance with the provisions of these rules
and that they and the nursing mothers are taught clean and healthy
habits.

1. Inserted by GSR 551, dated 29.5.1985

2. Substituted by GSR 551 dated 25.5.1985
children attending a creche, shall be maintained in Form C.

(2) A register of complaints shall be maintained for inspection by the

Medical Officer-in-charge and by the management of the mine.

13. Inspection of crèche:- A crèche may be inspected at any time by

the competent authority or by an officer authorised by the said authority
for the purpose.

14. Repeal:- The Mines Crèche Rules, 1959 are hereby repealed
except as respects things done or omitted to be done before such
repeal.
FORM A

[See Rule 10(1)]

Form for recording the results of the medical examination of children
attending crèches

Date, month and year of examination…………………..

SN Name Age Mother’s Weight of Weight Disease or Treatment Remarks

of (Date of name and child on the on the abnormality suggested
child birth, if occupation date of last date of found, if if any.
available examination exam. any
1 2 3 4 5 6 7 8 9

(Signature of the qualified medical practioner)

 [See Rule 10(2)]

Form for recording the results of the medical examination of the nursing
mothers

Date, month and year of examination…………………..

Sl Name of Age Weight on Weight on Disease or Treatment Remarks

no. Woman the date of date of abnormality suggested
and last examination found if if any
occupation examination any.
1 2 3 4 5 6 7 8

(Signature of the qualified medical practioner)

FORM C
[See Rule 12(1)]
Form for recording the particulars of the children attending the crèche

Name of Mine………………… Month and year

SN Date of Name of child Sex Age Date of the Remarks

admission with mother’s month
full name & (Attendance to be
occupation marked each
day)
1 2 3 4 5 6 7
 [See Rule 4(1)]
Standards for crèche
Number of women currently employed or where Type of creche
employed on any day of the preceding twelve
months whichever is greater
1
Coal Mines [Mines other than coal Notation Minimum plinth area
Mines] (in square metres)
10 or less 30 or less A type 27.5
11-50 31-100 B type 90.0
51-100 101-200 C type 140.0
More than 100 More than 200 D type 325.0

SCHEDULE II
[See Rule 7(1)]
Equipment and medicines for first aid in crèche
Description of equipment first A type B type C type D type
aid articles etc. crèche crèche crèche crèche
1 2 3 4 5
1. Dormitory
1. Cots 2 6 9 15
2. Cradles with railing 2 4 6 10
2. Sick Room
1. Cots - 1 1 2
2. Chamber pot 1 1 1 1
3. Montessori Room
1. Benches - - - 2
2. Desks (long) - - - 2
3. Chair - - - 1
4. Almirah - - - 1
5. Table - - - 1 and usual
Montessori
apparatus
4. Stores
1. Dustbin 1 1 1 1
2. Weighing machine (for - 1 1 1
infants)
3. Nail brushes 1 1 1 2
5. Bath
1. Bath tubs - 1 1 2
2. Buckets 1 2 2 3
3. Enamel jugs - 1 1 2
4. Aluminum mugs - 1 1 2
5. Towel rack 1 1 2 3
7. Soap dishes 1 2 3 4
8. Infant combs 3 10 15 20
6. Crèche attendant
1. Writing table 1 1 1 1
2. Chairs 1 1 2 2
3. Stool 1 1 1 1
4. Pens, ink, etc. As specified by the competent or inspecting authority.
5. Waste paper basket 1 1 1 1
6. Cup board 1 1 1 1
7. Clock - 1 1 1
7. Dining
1. Enamel cups or mugs 6 15 30 50
2. Enamel plates 6 15 30 50
3. Feeding bottles 3 4 6 10
4. Spoons 5 10 15 20
8. Kitchen
1. Kettles 1 2 3 4
2. Frying pans 1 1 1 2
3. Milk containers 1 1 2 2
4. Buckets 2 2 2 2
5. Tumblers 2 2 2 2
6. Spoons (Big) 2 2 3 4
7. Knife 1 1 1 1
8. Meat safe - 1 1 1
9. Sauce pans 1 1 2 3
9. Linen
1. Bed sheets 4 15 25 40
2. Pillows 4 10 15 25
3. Pillow cases 4 15 25 40
4. Towels 3 8 12 15
5. Shirts 10 20 40 50
6. Knickers 10 20 40 50
7. Mosquito nets - 8 12 15
8. Blankets 4 10 15 25
9. mackintosh 4 10 15 25
10.Bed size durries 1 2 3 4
10. First aid equipment and medicines
A type B,C and D types
1. Ounce measure 1 1
2. Throat spatula - 1
3. Eye dropper 1 1
4. Thermometer 1 1
5. Kidney dish 1 1
6. Rectangular tray - 1
8. Tincture Iodine - 1 Hectogram
0.5
Hectogram
9. Tincture Benzene 0.5 “ 1“
10.Boric Acid 1.0 “ 2.0 “
11. Bandage cloth 1 metre 2 metres
12. Cotton wool absorbent 0.5 kilogram 0.5 kilogram
13. Gauge plain 1 metre 2 metre
14. Dettol 0.5 Hectogram 1 Hectogram
15. Adhes ive plaster 1 spool 1 spool
11. Miscellaneous (for every type of crèche)
1. Brooms or Scrubbing 2
brushes
2. Dusters 2
3. Toys Adequate number of toys as specified by the competent
or inspecting authority.
4. Electric lights As required by the competent or inspecting authority.
5. Torch and Lantern One each.

SCHEDULE III
[See Rule 7 (3)]
Diet, Clothing and other amenities

Age group of children Time, measure and nature of food

1. Diet
9 am 12 noon 3.30 pm
1. 6 weeks to 6 0.25 litre milk 0.25 litre milk 0.25 litre milk
month
2. 6 months to 1 year -do- 0.25 litre milk with 0.50 litre milk
suji
3. 1 year to 2 ½ years 0.25 litre milk Rice, vegetables. 0.25 litre milk with
with suji or one chapatti & gur
porridge or or khir with gur
puffed rice (Muri) (pudding)
4. 2 ½ Years to 6 0.25 litre milk, 60 grammes 0.25 litre milk with
years puffed ice with minimum rice with chapati
gur vegetables or meat
curry

Note : 1. Children who are underweight and unhealthy or who are found
to be suffering from Marasmus and Rickets should be given one quarter
boiled egg in addition to the diet prescribed above.
 provided each day for supplying sufficient vitamins.
3. If the competent or inspecting authority is satisfied that milk is not
available for any reason, then the said authority may allow Nespray
or Glaxo powdered milk prepared according to the directions. In the
alternative the said authority may also allow the use of germinated
grain in place of milk for children of the age group 2 ½ years to 6
years. The quantity of germinated grain as a substitute for milk
should be 0.1 kilogram for 0.25 litre of milk.

2. Uniforms for Crèche Staff

1. Crèche-in-charge 1. Four cotton white sarees with red borders
2. Four white blouses of long cloth
3. Four white petticoats of long cloth
2. Ayah 1. Four cotton white sarees with black border
2. Four white blouses of long cloth
3. Four white petticoats of long cloth
4. Six white aprons of long cloth
3. Cook 1. Six white aprons of long cloth
2. Six white caps of long cloth

SCHEDULE IV
[See Rule 11 (1)]
Staff in crèches

Designation A type B type C type D type

Crèche Crèche Crèche Crèche
1. Crèche-in-charge 1 1 1 1
2. Ayah 1 Ayah-cum- 1 Ayah-cum- 1 2
Cook Cook
3. Woman-cook - - 1 1
4. Sweepers 1 (part-time) 1 1 1

NOTE : Staff is to be engaged whole-time unless otherwise indicated.

 MATERNITY BENEFIT ACT, 1961
(No. 53 of 1961)1

[12th. December, 1961]

An Act to regulate the employment of women in certain establishment for certain

period before and after child-birth and to provide for maternity benefit and certain
other benefits.

Be it enacted by Parliament in the Twelfth Year of the Republic of India as follows: -

1. Short title, extend and commencement. -- (1) This Act may be called the Maternity
Benefit Act, 1961.

(2) It extends to the whole of India 2[* * *]

(3) It shall come into force on such date as may be notified in this behalf in the Official
Gazette, --
3
[(a) in relation to mines and to any other establishment wherein persons are employed
for the exhibition of equestrian, acrobatic and other performances, by the Central
Government, and]

(b) in relation to other establishments in s State, by the State Government.

NOTES. – This Act came into force in relation to mines in the territories to which it
extends on the 1st. November 1963 – Vide S.O. No. 2920, dated 5th. October, 1963,
published in the Gazette of India, Part II, Sec. 3 (ii), dated 12th. October, 1963. This Act
came into force in the whole of Uttar Pradesh with effect from 22nd. February 1974, vide
notification No. 512 (V)-2/36-5-13 (V) 72, dated 22nd. February 1974.

2. Application of Act. -- (1) It applies in the first instance, to every establishment being a
factory, mine or plantation 4[including any such establishment belonging to Government
and to every establishment wherein persons are employed for the exhibition of
equestrian, acrobatic and other performances]:

Provided that the State Government may, with the approval of the Central Government,
after giving not less than two months’ notice of its intention of so doing, by notification

1
Received the assent of the President on the 12th. December, 1961 and published in the Gazette of India,
Extraordinary, dated 13th. December 1961. For Statement of Objects and Reasons see Gazette of India,
Extraordinary, Part II, dated 6th. December 1960.
2
Words “except the State of Jammu and Kashmir” omitted by Act 51 of 1970, Sec. 2 and Sch.
3
Subs. by Act 52 of 1973, Sec. 2, w.e.f. 1-3-1975 – Vide notification No. S.O. 113A (E), dated 27-2-1975.
4
Subs. by Aci 52 of 1973, S.3.
In the official on In the official Gazette, declare that all or any of the provisions of this
Act shall apply also to any other establishment or class of establishments, industrial,
commercial, agricultural or otherwise.

(2) 5[Save as otherwise provided in 6[sections 5A and 5B] nothing contained in this Act]
shall apply to any factory or other establishment to which the provisions of the
Employees’ State Insurance Act, 1948 (84 of 1948), apply for the time being.

3. Definitions. -- In this Act, unless the context otherwise requires, --

(a) “appropriate Government” means in relation to an establishment being a mine 7[or

an establishment where persons are employed for the exhibition of equestrian,
acrobatic and other performances], the Central Government and in relation to any
other establishment, the State Government;
(b) “child” includes a still-born child;
(c) “delivery” means the birth of a child;
(d) “employer” means –

(i) in relation to an establishment which is under the control of the Government, a

person or authority appointed by the Government for the supervision and
control of employees or where no person or authority is so appointed, the
head of the department;
(ii) in relation to an establishment which is under any local authority, the person
appointed by such authority for the supervision and control of employees or
where no person is so appointed, the chief executive officer of the local
authority;
(iii) in any other case, the person who are the authority which has the ultimate
control over the affairs of the establishment and where the said affairs are
entrusted to any other person whether called a manager, managing director,
managing agent, or by any other name, such person;

[8(e) “establishment” means –

(i) a factory;
(ii) a mine;
(iii) a plantation;
(iv) an establishment wherein persons are employed for the exhibition of
equestrian, acrobatics and other performances; or

5
Subs. by Aci 21 of 1972, S.2.
6
Subs. by Act 53 of 1976, sec. 2, for “section 5A”. Act 53 of 1976 came into force w.e.f. 1-5-1976 – Vide
notification No. S.O. 337 (E), dated 30-4-1976.
7
Added by Act 52 of 1973, S. 4.
8
Subs. by Act 52 of 1973, S. 4.
(v) an establishment to which the provisions of this Act have been declared under
sub-section (4) of section 2 to be applicable;]

(f) “factory” means a factory as defined in clause (m) of section 2 of the Factories
Act, 1948 (63 of 1948);
(g) “Inspector” means an Inspector appointed under section 14;
(h) “maternity benefit” means the payment refereed to in sub-section (1) of section 5;
(i) “mine” means a mine as defined in clause (j) of section 2 of the Mines Act, 1952
(35 of 1952)
(j) “miscarriage” means expulsion of the contents of a pregnant uterus at ay period
prior to or during the twenty-sixth week of pregnancy but does not include any
miscarriage the causing of which ins punishable under the Indian Penal Code (45
of 1860);
(k) “plantation” means a plantation as defined in clause (f) of section 2 of the
Plantations Labour Act, 1951 (69 of 1951);
(l) “prescribed” means prescribed by rules made under this Act;
(m) “State Government” in relation to a Union territory, means the Administrator
thereof;
(n) “wages” means all remuneration paid or payable in cash to a woman, if the terms
of the contract of employment, express or implied, were fulfilled and includes –

(1) such cash allowances (including dearness allowance and house rent
allowance) as a woman is for the time being entitled to;
(2) incentive bonus; and
(3) the money value of the concessional supply of foodgrains and other
articles,

but does not include –

(i) any bonus other than incentive bonus;

(ii) overtime earnings and any deduction or payment made on account of
fines;
(iii) any contribution paid or payable by the employer to any pension fund
or provident fund or for the benefit of the woman under any law for
the time being in force; and
(iv) any gratuity payable on the termination of service;

(o) “woman” means a woman employed, whether directly or through any agency, for
wages in any establishment.

NOTES. – Sec 3 (f). – A factory does not include a mine subject to the operation of
the Mines Act, 152, or a railway running-shed.

Sec. 3 (j) – The definition of miscarriage is similar to the definition as given in Sec. 2
(14-B) of the Employees’ State Insurance Act, 1948.
 4. Employment of, or work by, women prohibited during certain period. -- (1) No
employer shall knowingly employ a woman in any establishment during the six weeks
immediately following the day of her delivery or her miscarriage.

(2) No woman shall work in any establishment during the six weeks immediately
following the day of her delivery of her miscarriage.

(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a

request being made by her in this behalf, be required by her employer to do during the
period specified in sub-section (4) any work which is of an arduous nature or which
involves long hours of standing or which in any way is likely to interfere with her
pregnancy or the normal development of the foetus, or is likely to cause her miscarriage
or otherwise to adversely affect her health.

(4) The period referred to in sub-section (3) shall be –

(a) at the period of one month immediately preceding the period of six weeks, before
the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does
not avail of leave of absence under section 6.

5. Right to payment of maternity benefit. -- (1) Subject to the provisions of this Act,
every woman shall be entitled to, and her employer shall be liable for, the payment of
maternity benefit at the rate of the average daily wage for the period of her actual absence
immediately preceding and including the day of her delivery and for the six weeks
immediately following that day.

Explanation. – For the purpose of this sub-section, the average daily wage means the
average of the woman’s wages payable to her for the days on which she has worked
during the period of three calendar months immediately preceding the date from which
she absents herself on account of maternity, or one rupee a day, whichever is higher.

(2) No woman shall be entitled to maternity benefit unless she has actually worked in an
establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:

Provided that the qualifying period of one hundred and sixty days aforesaid shall
not apply to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration.

Explanation: - For the purpose of calculating under this sub-section the days on
which a woman has actually worked in the establishment, the days for which she has
been laid-off during the period of twelve months immediately preceding the date of her
expected delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall
be twelve weeks, that is to say, six weeks up to and including the day of her delivery and
six weeks immediately following that day:

Provided that where a woman dies during this period, the maternity benefit shall
be payable only for the days up to and including the day of her death:

Provided further that where a woman, having been delivered of a child dies during
her delivery or during the period of six weeks immediately following the date of her
delivery, leaving behind in either case the child, the employer shall be liable for the
maternity benefit for the entire period of six weeks immediately following the day of her
delivery but if the child also dies during the said period, then for the days up to and
including the day of the death of the child.

NOTES. – The term “week” means a cycle of seven days including Sundays;
B. Shah V. Presiding Officer, A.I.R. 1978 S. C. 12.

9
[5-A. Continuance of payment of maternity benefit in certain cases. -- Every woman
entitled to the payment of maternity benefit under this Act shall, notwithstanding the
application of the Employees’ State Insurance Act, 1948 (34 of 1948), to the factory or
other establishment in which she is employed, continue to be so entitled until she
becomes qualified to claim maternity benefit under Sec. 50 of that Act.]
10
[5-B. Payment of maternity benefit in certain cases. -- Every woman –

(a) who is employed in a factory or other establishment to which the provisions of

the Employees’ State Insurance Act, 1948 (34 of 1948), apply;
(b) whose wages (excluding remuneration for overtime work) for a month exceed
the amount specified in sub-clause (b) of clause (a) of section 2 of that Act; and
(c) who fulfils the conditions specified in sub-section (2) of section 5, shall be
entitled to the payment of maternity benefit under this Act].

6. Notice of claim for maternity benefit and payment thereof. -- (1) Any woman
employed in an establishment and entitled to maternity benefit under the provisions of
this Act may give notice in writing in such form as may be prescribed, to her employer,
stating that her maternity benefit and any other amount to which she may be entitled
under this Act may be paid to her or to such person as she may nominate in the notice and
that she will not work in any establishment during the period for which she receives
maternity benefit.

(2) In the case of a woman who is pregnant, such notice shall state the date from which
she will be absent from work, not being a date earlier than six weeks from the date of her
expected delivery.

9
Ins. By Act 21 of 1972, S. 3.
10
Ins. By Act 53 of 1976, S. 3.
(3) Any woman who has not given the notice when she was pregnant may give such
notice as soon as possible after the delivery.

(4) On receipt of the notice, the employer shall permit such woman to absent herself from
the establishment until the expiry of six weeks after the day of her delivery.

(5) The amount of maternity benefit for the period preceding the date of her expected
delivery shall be paid in advance by the employer to the woman on the production of
such proof as may be prescribed that the woman is pregnant, and the amount due for the
subsequent period shall be paid by the employer to the woman within forty-eight hours of
production of such proof as may be prescribed that the woman has been delivered of a
child.

(6) The failure to give notice under this section shall not disentitle a woman to maternity
benefit or any other amount under this Act if she is otherwise entitled to such benefit or
amount and in any such case an Inspector may either of his own motion or on an
application made to him by the woman, order the payment of such benefit or amount
within such period as may be specified in the order.

NOTES. – See also Sec. 50 of the Employees’ State Insurance Act, 1948, for
conditions under which a woman becomes qualified to claim maternity benefit under this Act.

7. Payment or maternity benefit in case of death of a woman. -- If a woman entitled to

maternity benefit or any other amount under this Act, dies before receiving such
maternity benefit or amount, or where the employer is liable for maternity benefit under
the second proviso to sub-section (3) of section 5, the employer shall pay such benefit or
amount to the person nominated by the woman in the notice given under section 6 and in
case there is no such nominee, to her legal representative.

8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this
Act shall also be entitled to receive from her employer a medical bonus of twenty-five
rupees, if no pre-natal confinement and post-natal care is provided for by the employer
free of charge.

9. Leave for miscarriage. -- In case of miscarriage, a woman shall, on production of such

proof as may be prescribed, be entitled to leave with wages at the rate of maternity
benefit for a period of six weeks immediately following the day of her miscarriage.

10. Leave for illness arising out of pregnancy, delivery, premature birth of child, or
miscarriage. -- A woman suffering illness arising out of pregnancy, delivery, premature
birth of child or miscarriage shall, on production of such proof as may be prescribed, be
entitled in addition to the period of absence allowed to her under section 6, or, as the case
may be, under section 9, to leave with wages at the rate of maternity benefit for a
maximum period of one month.

11. Nursing breaks. -- Every woman delivered of a child who returns to duty after such
delivery shall, in addition to the interval for rest allowed to her, be allowed in the course
of her daily work two breaks of the prescribed duration for nursing the child until the
child attains the age of fifteen months.

12. Dismissal during absence or pregnancy. -- (1) Where a woman absents herself from
work in accordance with the provisions of this Act, it shall be unlawful for her employer
to discharge or dismiss her during or on account of such absence or to give notice of
discharge or dismissal on such a day that the notice will expire during such absence, or to
vary to her disadvantage any of the conditions of her service.

(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the
woman but for such discharge of dismissal would have been entitled to maternity benefit
or medical bonus referred to in section 8, shall not have the effect of depriving her of the
maternity benefit or medical bonus:

Provided that where the dismissal is for any prescribed gross misconduct the
employer may, by order in writing communicated to the woman, deprive her of the
maternity benefit or medical bonus or both.

(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty
days from the date on which the order of such deprivation is communicated to her, appeal
to such authority as may be prescribed, and the decision of that authority on such appeal,
whether the woman should or should not be deprived of maternity benefits or medical
bonus or both, shall be final.

(c) Nothing contained in this sub-section shall affect the provisions contained in sub-
section (1).

13. No deduction of wages in certain cases. -- No deduction from the normal and usual
daily wages of a woman entitled to maternity benefit under the provisions of this Act
shall be made by reason only of –

(a) the nature of work assigned to her by virtue of the provisions contained in sub-
section (3) of section 4 : or
(b) breaks for nursing the child allowed to her under the provisions of section 11.

14. Appointment of Inspectors. – The appropriate Government may, by notification in

the Official Gazette, appoint such officers as it thinks fit to by Inspectors for the purposes
of this Act and may define the local limits of the jurisdiction within which they shall
exercise their function under this Act.

15. Powers and duties of Inspectors. -- An Inspector may, subject to such restrictions or
conditions as may be prescribed, exercise all or any of the following powers, namely: -

(a) enter at all reasonable times with such assistants, if any, being persons in the
service of the Government or any local or other public authority as he thinks fit,
any premises or place where women are employed or work is given to them in an
 establishment, for the purposes or examining any registers, records and notices
required to be kept or exhibited by or under this Act and require their production
for inspection;
(b) examine any person whom he finds in any premises or place and who, he has
reasonable cause to believe, is employed in the establishment:

Provided that no person shall be compelled under this section to answer any
question or give any evidence tending to incriminate himself:
(c) require the employer to give information regarding the names and addresses of
women employed, payments made to them, and applications or notices received
form them under this Act; and
(d) take copies of any registers and records or notices or any portions thereof.

16. Inspectors to be public servants. -- Every Inspector appointed under this Act shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code
(45 of 1860).

17. Power of Inspector to direct payments to be made. -- (1) Any woman claiming that
maternity benefit or any other amount to which she is entitled under this Act and any
person claiming that payment due under section 7 has been improperly withheld, may
make a complaint to the inspector.

(2) The Inspector may, of his own motion or on receipt of a complaint referred to in sub-
section (1), make an enquiry or cause an inquiry to be made and if satisfied that payment
has been wrongfully withheld, may direct the payment to be made in accordance with his
orders.

(3) Any person aggrieved by the decision of the Inspector under sub-section (2) may,
within thirty days from the date on which such decision is communicated to such person,
appeal to the prescribed authority.

(4) The decision of the prescribed authority where an appeal has been preferred to it
under sub-section (3) or of the Inspector where no such appeal has been preferred, shall
be final.

(5) Any amount payable under these sections shall be recoverable as an arrear of lane
revenue.

18. Forfeiture of maternity benefit. -- If a woman works in any establishment after she
has been permitted by her employer to absent herself under the provisions of section 6 for
any period during such authorized absence, he shall forfeit her claim to the maternity
benefit for such period.

19. Abstracts of Act and rules thereunder to be exhibited. -- An abstract of the

provisions of this Act and the rules made thereunder in the language or languages of the
locality shall be exhibited I a conspicuous place by the employer in every part of the
establishment in which women are employed.

20. Registers, etc. – Every employer shall prepare and maintain such registers, records
and muster-rolls and in such manner as may be prescribed.

21. Penalty for contravention of Act by employers. -- If any employer contravenes the
provisions of this Act or the rules made thereunder he shall be punishable with
imprisonment which may extend to three months, or with fine which may extend to five
hundred rupees, or with both; and where the contravention is of any provision regarding
maternity benefit or regarding payment of any other amount and such maternity benefit
or amount has not already been recovered, the court shall in addition recover such
maternity benefit or amount as if it were a fine, and pay the same to the person entitled
thereto.

22. Penalty for obstructing Inspector. -- Whoever fails to produce on demand by the
Inspector any register or document in his custody kept in pursuance of this Act or the
rules made thereunder or conceals or prevents any person from appearing before or being
examined by an Inspector, shall be punishable with imprisonment which ma extend to
three months, or with fine which may extend to five hundred rupees or with both.

23. Cognizance of offences. -- (1) No prosecution for an offence punishable under this
Act or any rule made thereunder shall be instituted after the expiry of one year from the
date on which the offence is alleged to have been committed and no such prosecution
shall be instituted except by, or with the previous sanction of, the Inspector;

Provided that in computing the period of one year aforesaid, the time, if any,
taken for the purpose of obtaining such previous sanction shall be excluded.

(2) No court inferior to that of a Presidency Magistrate or a Magistrate of the First Class
shall try any such offence.

NOTES. – Sections 21 to 23 deal with penalties under the Act and procedure to try offences committed
under this Act.

24. Protection of action taken in good faith. -- No suit, prosecution or other legal
proceeding shall lie against any person for anything which is in good faith done or
intended to be done in pursuance of this Act or of any rule or order made thereunder.

25. Power of Central Government to give directions. -- The Central Government may
give such directions as it may deem necessary to a State Government regarding the
carrying into execution the provisions of this Act and the State Government shall comply
with such directions.

26. Power to exempt establishments. -- If the appropriate Government is satisfied that

having regard to an establishment or a class of establishments providing for the grant of
benefit which are not less favourable than those provided in this Act, it is necessary so to
do, it may, by notification in the Official Gazette, exempt subject to such conditions and
restrictions, if any, as may be specified in the notifications, the establishment or class of
establishments from the operation of all or any of the provisions of this Act or of any rule
made thereunder.

27. Effect of laws and agreements inconsistent with this Act. -- (1) The provisions of
this Act shall have effect notwithstanding anything inconsistent therewith contained in
any other law or in the terms of any award, agreement or contract of service, whether
made before or after the coming into force of this Act:

Provided that where under any such award, agreement, contract of service or
otherwise, a woman is entitled to benefits in respect of any matter which are more
favourable to her than those to which she would be entitled under this Act, the woman
shall continue to be entitled to the more favourable benefits in respect of that matter,
notwithstanding that she is entitled to receive benefit in respect of other matters under
this Act.

(2) Nothing contained in this Act shall be construed to preclude a woman from entering
into an agreement with her employer for granting her rights or privileges in respect of any
matter, which are more favourable to her than those to which she would be entitled under
this Act.

28. Power to make rules. -- (1) The appropriate Government may, subject to the
condition of previous publication and by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for –

(a) the preparation and maintenance of registers, records and muster rolls;
(b) the exercise of powers (including the inspection of establishments) and the
performance of duties by Inspectors for the purposes of this Act;
(c) the method of payment of maternity benefit and other benefits under this Act in so
far as provision has not been made therefore in this Act;
(d) the form of notices under section 6:
(e) the nature of proof required under the provisions of this Act;
(f) the duration of nursing breaks referred to in section 11;
(g) acts which may constitute gross misconduct for purposes of section 12;
(h) the authority to which an appeal under clause (b) of sub-section (2) of section 12
shall lie, the form and manner in which such appeal may be made and the
procedure to be followed in disposal thereof;
(i) the authority to which an appeal shall lie against the decision of the Inspector
under section 17; the form and manner in which such appeal may be made and the
procedure to be followed in disposal thereof;
 (j) the form and manner in which complaints be made to Inspectors under sub-
section (1) of section 17 and the procedure to be followed by them when making
inquiries or causing inquiries to be made under sub-section (2) of that section;
(k) any other matter which is to be, or may be, prescribed.

(3) Every rule made by the Central Government under this section shall be laid as soon as
may be after it is made, before each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session 11[or in two or more
successive sessions, and if, before the expiry of the session immediately following the
session or the successive session, aforesaid,] both Houses agree in making any
modification in the rule or both houses agree that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.

29. Amendment of Act 69 of 1951. -- In section 32 of Plantation Labour Act, 1951, --

(a) in sub-section (1), the letter and brackets “(a)” before the words “in the case of
sickness,” the word “and” after the words “sickness allowance”, and clause (b)
shall be omitted.
(b) In sub-section (2), the words “or maternity” shall be omitted.

30. Repeal. -- On the application of this Act. –

(i) to mines, the Mines Maternity Benefit Act, 1941 (19 of 1941); and Maternity Benefit
Act, 1929 (Bom. Act VII of 1929), as in force in that territory, shall stand repealed.

11
Subs. by Act 52 of 1973, S. 5.
 PART - A

FOREST (CONSERVATION) ACT, 1980 WITH AMENDMENTS MADE IN 1988

An Act to provide for the conservation of forests and for matters connected therewith or
ancillary or incidental thereto.

Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows:-

1. Short title, extent and commencement-

Short title, extent

and
commencement
(1) This Act may be called the Forest (Conservation) Act, 1980
(2) It extends to the whole of India except the State of Jammu & Kashmir.
(3) It shall be deemed to have come into force on the 25th day of October,1980.

2. 2.
Restriction on
the reservation
Restriction on the dereservation of forests or use of forest land for non-forest of the forest or
purpose – use of forest land
for non-forest
purpose
Notwithstanding anything contained in any other law for the time being in force in a
State, no State Government or other authority shall make, except with the prior
approval of the Central Government, any order directing-

(i) that any reserved forest (within the meaning of the expression "reserved forest" in any
law for the time being in force in that State) or any portion thereof, shall cease to be
reserved;
(ii) that any forest land or any portion thereof may be used for any non-forest purpose;
(iii) that any forest land or any portion thereof may be assigned by way of lease or
otherwise to any private person or to any authority, corporation, agency or any other
organisation not owned, managed or controlled by Government;
(iv) that any forest land or any portion thereof may be cleared of trees which have grown
naturally in that land or portion, for the purpose of using it for reafforestation.

Explanation - For the purpose of this section, "non-forest purpose" means the breaking up or
clearing of any forest land or portion thereof for-

(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural
crops or medicinal plants;
(b) any purpose other than reafforestation,

but does not include any work relating or ancillary to conservation, development and
management of forests and wildlife, namely, the establishment of check-posts, fire lines,
wireless communications and construction of fencing, bridges and culverts, dams,
waterholes, trench marks, boundary marks, pipelines or other like purposes.
3. Constitution of Advisory Committee -

Constitution of
Advisory
Committee
The Central Government may constitute a Committee consisting of such number of
persons as it may deem fit to advise that Government with regard to-

(i) the grant of approval under Section 2 ; and

(ii) any other matter connected with the conservation of forests which may be referred to
it by the Central Government.

Penalty for
contravention of
the provisions of
3A. Penalty for contravention of the provisions of the Act – the Act

Whoever contravenes or abets the contravention of any of the provisions of Section 2,

shall be punishable with simple imprisonment for a period which may extend to
fifteen days.

Offences by
authorities and
3B. Offences by authorities and Government Departments – Government
Departments
(1) Where any offence under this Act has been committed -

(a) by any department of Government, the head of the department; or

(b) by any authority, every person who, at the time the offence was committed, was
directly in charge of, and was responsible to, the authority for the conduct of the
business of the authority as well as the authority;

shall be deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly :

Provided that nothing contained in this sub-section shall render the head of the
department or any person referred to in clause (b), liable to any punishment if he
proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence punishable

under the Act has been committed by a department of Government or any authority
referred to in clause (b) of sub-section (1) and it is proved that the offence has been
committed with the consent or connivance of; or is attributable to any neglect on the
part of any officer, other than the head of the department, or in the case of authority,
any person other than the persons referred to in clause(b) of sub-section (1), such
officer or persons shall also be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.
4 Power to make rules –

Power to make
rules

(1) The Central Government may, by notification in the Official Gazette, make rules for
carrying out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the
rule or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.

5. 5. Repeal and saving –

Repeal and
saving

(1) (1) The Forest (Conservation) Ordinance, 1980 is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the provisions
of the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
 PART - B

FOREST CONSERVATION RULES, 2003

(published in Gazette of India: Extraordinary on the 10th January, 2003)

G.S.R. 23(E) - In exercise of the powers conferred by sub-section (1) of section 4 of the
Forest (Conservation) Act, 1980 (69 of 1980), and in supersession of the Forest
(Conservation) Rules, 1981, except as respects things done or omitted to be done before such
supersession, the Central Government hereby makes the following rules, namely:-

1. Short title, extent and commencement.-

(1) (1) These rules may be called the Forest (Conservation) Rules, 2003.
(2) (2) They shall extend to the whole of India except the State of Jammu
and Kashmir.
(3) (3) They shall come into force on the date of their publication in the
Official Gazette.

2. Definitions.- In these rules, unless the context otherwise requires:-

(a) (a) "Act" means the Forest (Conservation) Act, 1980 (69 of 1980);
(b) (b) “Committee" means the Advisory Committee constituted under
section 3 of the Act;
(c) (c) “Chairperson" means the Chairperson of the Committee;
(d) (d) “Member" means a member of the Committee;
(e) (e) “Nodal Officer” means any officer not below the rank of
Conservator of Forests, authorised by the State Government to deal with the
forest conservation matters under the Act;
(f) (f) “Regional Office” means a Regional Office of the Central
Government in the Ministry of Environment and Forests established as part of
the Ministry to deal with the forest conservation matters under the Act;
(g) (g) “Section" means a section of the Act;
(h) (h) “User Agency” means any person, organisation or Company or
Department of the Central or State Government making a request for diversion
or de-notification of forest land for non-forest purpose or using forest land for
non-forest purpose in accordance with the permission granted by the Central
Government under the Act or the rules.

3. 3. Composition of the Committee.-

(1) The Committee shall be composed of the following members:-
(i) (i) Director General of Forests, Ministry of Environment and Forests -
Chairperson.
(ii) (ii) Additional Director General of Forests, Ministry of Environment
and Forests- Member.
(iii) (iii) Additional Commissioner (Soil Conservation), Ministry of
Agriculture- Member.
(iv) (iv) Three eminent experts in forestry and allied disciplines (non-
officials)- Members.
(v) (v) Inspector General of Forests (Forest Conservation), Ministry of
Environment and Forests - Member Secretary
(2) Additional Director General of Forests shall act as the Chairperson in the
absence of Director General of Forests.
4. Terms of appointment of non-official members shall be as follows.-
(i) (i) a non-official member shall hold his office for a period of two
years;
(ii) (ii) a non-official member shall cease to hold office if he becomes of
unsound mind, becomes insolvent or is convicted by court of law on a criminal
offence involving moral turpitude;
(iii) (iii) a non-official member may be removed from his office if he fails to
attend three consecutive meetings of the Committee without any sufficient
cause or reasons;
(iv) (iv) any vacancy in the membership caused by any reason mentioned in
clauses (ii) and (iii) shall be filled by the Government for the unexpired
portion of two years term.
(v) (v) travelling and daily allowance shall be payable to the non-official
members of the Committee at the highest rate admissible to the Government
servants of Group 'A' under the rules and orders made by the Central
Government and for the time being in force.

Provided that the payment of travelling allowance and daily allowance to a

member who is a Member of the Parliament or a Member of a State
Legislature shall be regulated in accordance with the Salary, Allowances and
Pension of Members of Parliament Act, 1954 (30 of 1954) or the respective
provisions of law pertaining to the member of the concerned State Legislature.

5. Conduct of business of the Committee.-

(i) (i) The Chairperson shall call the meeting of the Committee whenever
considered necessary, but not less than once in a month.
(ii) (ii) The meeting of the Committee shall be held at New Delhi.
(iii) (iii) In a case where the Chairperson is satisfied that inspection of site or
sites of forest land proposed to be used for non-forest purposes shall be
necessary or expedient in connection with the consideration of the proposal or
proposals received under sub-rule (3) of rule 6, he may direct that the meetings
of the Committee to be held at a place other than New Delhi from where such
inspection of site or sites is necessary.
(iv) (iv) The Chairperson shall preside over every meeting of the Committee
at which he is present.
(v) (v) Every question upon which the Central Government is required to
be advised shall be considered in the meeting of the Committee provided that
in urgent cases if the meeting cannot be convened within a month, the
Chairperson may direct that papers may be circulated and sent to the members
for their opinion within the stipulated time.
(vi) (vi) The quorum of the meeting of the Committee shall be three.

6. Submission of the proposals seeking approval of the Central Government

under section 2 of the Act.-
(1) Every user agency, who wants to use any forest land for non-forest purposes
shall make his proposal in the appropriate Form appended to these rules, i.e.
Form ‘A’ for proposals seeking first time approval under the Act and Form
‘B’ for proposals seeking renewal of leases where approval of the Central
Government under the Act had already been obtained earlier, to the concerned
nodal officer authorized in this behalf by the State Government, alongwith
requisite information and documents, complete in all respects, well in advance
of taking up any non-forest activity on the forest land.
(2) Every State Government or other authority, after having received the proposal
under sub-rule (1) and after being satisfied that the proposal requires prior
approval under section 2 of the Act, shall send the proposal to the Central
Government in the appropriate forms, within ninety days of the receipt of the
proposal from the user agency for proposals seeking first time approval under
the Act and within sixty days for proposals seeking renewal of leases where
approval of the Central Government under the Act had already been obtained
earlier:

Provided that all proposals involving clearing naturally grown trees in forest
land or portion thereof for the purpose of using it for reafforestation shall be
sent in the form of Working Plan or Management Plan.
(3) The proposal referred to in sub-rule (2) above, involving forest land of more
than forty hectare shall be sent by the State Government to the Secretary to the
Government of India, Ministry of Environment and Forests, Paryavaran
Bhavan, CGO Complex, Lodhi Road, New Delhi-110 003, with a copy of the
proposal (with complete enclosures) to the concerned Regional Office.
(4) The proposal referred to in sub-rule (2) above, involving forest land up to forty
hectare shall be sent to the Chief Conservator of Forests or Conservator of
Forests of the concerned Regional Office of the Ministry of Environment and
Forests.
(5) The proposal referred to in sub-rule (2) above, involving clearing of naturally
grown trees in forest land or portion thereof for the purpose of using it for
reafforestation shall be sent to the Chief Conservator of Forests or Conservator
of Forests of the concerned Regional Office of the Ministry of Environment
and Forests.

7. Committee to advise on proposals received by the Central Government.-

(1) The Central Government shall refer every proposal, complete in all respects,
received by it under sub-rule (3) of rule 6 including site inspection report,
wherever required, to the Committee for its advice thereon.
(2) The Committee shall have due regard to all or any of the following matters
while tendering its advice on the proposals referred to it under sub-rule (1),
namely:-
(a) (a) Whether the forests land proposed to be used for non-forest purpose
forms part of a nature reserve, national park wildlife sanctuary, biosphere
reserve or forms part of the habitat or any endangered or threatened species of
flora and fauna or of an area lying in severely eroded catchment;
(b) (b) Whether the use of any forest land is for agricultural purposes or for
the rehabilitation of persons displaced from their residences by reason of any
river valley or hydro-electric project ;
(c) (c) Whether the State Government or the other authority has certified that
it has considered all other alternatives and that no other alternatives in the
 circumstances are feasible and that the required area is the minimum needed
for the purpose; and
(d) (d) Whether the State Government or the other authority undertakes to
provide at its cost for the acquisition of land of an equivalent area and
afforestation thereof.

(3) While tendering the advice, the Committee may also suggest any conditions or
restrictions on the use of any forest land for any non-forest purpose, which in
its opinion, would minimise adverse environmental impact.

8. Action of the Central Government on the advice of the Committee.–

The Central Government shall, after considering the advice of the Committee
tendered under rule 7 and after such further enquiry as it may consider
necessary, grant approval to the proposal with or without conditions or reject
the same within sixty days of its receipt.

9. Proceedings against persons guilty of offences under the Act.-

(1) The Central Government may, by notification, authorize any officer not below
the rank of Conservator of Forests or the concerned forest officer having
territorial jurisdiction over the forest land in respect of which the said offence
is said to have been committed, to file complaints against the person (s) prima-
facie found guilty of offence under the Act or the violation of the rules made
thereunder, in the court having jurisdiction in the matter.

Provided that no complaint shall be filed in the court, without giving the
person (s) or officer (s) or authority (s) against whom the allegations of offence
exist, an opportunity to explain his or their conduct and to show cause, by
issuing a notice in writing of not less than sixty days, as to why a complaint
should not be filed in the court against him or them for alleged offences.
(2) The officer authorised by the Central Government in sub-rule (1) may require
any State Government or its officer or any person or any other authority to
furnish to it within a specified period any reports, documents, statistics and any
other information related to contravention of the Act or the rules made
thereunder, considered necessary for making a complaint in any court of
jurisdiction and every such State Government or officer or person or authority
shall be bound to do so.
 APPENDIX
(See Rule 6)

FORM – ‘A’

Form for seeking prior approval under section 2 of the proposals

by the State Governments and other authorities

PART-I
(to be filled up by user agency)

1. Project details:
(i) Short narrative of the proposal and project/scheme for which the forest land is
required.
(ii) Map showing the required forest land, boundary of adjoining forest on a
1:50,000 scale map.
(iii) Cost of the project:
(iv) Justification for locating the project in forest area.
(v) Cost-benefit analysis (to be enclosed).
(vi) Employment likely to be generated.
2. Purpose-wise break-up of the total land required:
3. Details of displacement of people due to the project, if any:
(i) (i) Number of families.
(ii) (ii) Number of Scheduled Castes/Scheduled Tribe families
(iii) (iii) Rehabilitation plan. (to be enclosed)
4. Whether clearance under Environment (Protection) Act, 1986 required? (Yes/No).
5. Undertaking to bear the cost of raising and maintenance of compensatory
afforestation and/or penal compensatory afforestation as well as cost for protection
and regeneration of Safety Zone, etc. as per the scheme prepared by the State
Government (undertaking to be enclosed).
6. 6. Details of Certificates/documents enclosed as required under the instructions.

Signature
(Name in Block letters)
Designation
Address (of User Agency)
Date:-_____________
Place:-_____________

State serial No. of proposal________________

(To be filled up by the Nodal Officer with date of
receipt)
 PART-II
(To be filled by the concerned Deputy Conservator of Forests)

State serial No. of proposal________________

7. Location of the project/Scheme:

(i) (i) State/Union Territory
(ii) (ii) District.
(iii) (iii) Forest Division
(iv) (iv) Area of forest land proposed for diversion (in ha.)
(v) (v) Legal status of forest
(vi) (vi) Density of vegetation.
(vii) (vii) Species-wise (scientific names) and diameter class-wise enumeration
of trees (to be enclosed. In case of irrigation/hydel projects enumeration at
FRL, FRL- 2 meter & FRL-4 meter also to be enclosed.)
(viii) (viii) Brief note on vulnerability of the forest area to erosion.
(ix) (ix) Approximate distance of proposed site for diversion from boundary of
forest.
(x) (x) Whether forms part of National Park, wildlife sanctuary, biosphere
reserve, tiger reserve, elephant corridor, etc. (If so, the details of the area and
comments of the Chief Wildlife Warden to be annexed).
(xi) (xi) Whether any rare/endangered/unique species of flora and fauna found
in the area- if so details thereof.
(xii) (xii) Whether any protected archaeological/heritage site/defence
establishment or any other important monument is located in the area. If so,
the details thereof with NOC from competent authority, if required.
8. Whether the requirement of forest land as proposed by the user agency in col. 2 of
Part-I is unavoidable and barest minimum for the project. If no, recommended area
item-wise with details of alternatives examined.
9. Whether any work in violation of the Act has been carried out (Yes/No). If yes,
details of the same including period of work done, action taken on erring officials.
Whether work in violation is still in progress.
10. Details of compensatory afforestation scheme:
(i) (i) Details of non forest area/degraded forest area identified for
compensatory afforestation, its distance from adjoining forest, number of
patches, size of each patch.
(ii) (ii) Map showing non-forest/degraded forest area identified for
compensatory afforestation and adjoining forest boundaries.
(iii) (iii) Detailed compensatory afforestation scheme including species to be
planted, implementing agency, time schedule, cost structure, etc.
(iv) (iv) Total financial outlay for compensatory afforestation scheme.
(v) (v) Certificates from competent authority regarding suitability of area
identified for compensatory afforestation and from management point of view.
(To be signed by the concerned Deputy Conservator of Forests).
11. 11. Site inspection report of the DCF (to be enclosed) especially highlighting
facts asked in col. 7 (xi, xii), 8 and 9 above.
12. Division/District profile:
(i) (i) Geographical area of the district.
(ii) (ii) Forest area of the district.
 (iii) (iii) Total forest area diverted since 1980 with number of cases.
(iv) (iv) Total compensatory afforestation stipulated in the district/division
since 1980 on (a) forest land including penal compensatory afforestation,
(b) non-forest land.
(v) (v) Progress of compensatory afforestation as on (date)
________________ on
(a) forest land
(b) non-forest land.
13. Specific recommendations of the DCF for acceptance or otherwise of the proposal
with reasons.
Signature
Name
Official Seal
Date:-_____________
Place:-_____________

PART-III
(To be filled by the concerned Conservator of Forests)

14. Whether site, where the forest land involved is located has been inspected by
concerned Conservator of Forests (Yes/No). If yes, the date of inspection &
observations made in form of inspection note to be enclosed.
15. Whether the concerned Conservator of Forests agree with the information given in
Part-B and the recommendations of Deputy Conservator of Forests.
16. Specific recommendation of concerned Conservator of Forests for acceptance or
otherwise of the proposal with detailed reasons.

Signature
Name

Official Seal
Date:-_____________
Place:-_____________

PART-IV
(To be filled in by the Nodal Officer or Principal Chief Conservator of Forests or Head
of Forest department)

17. Detailed opinion and specific recommendation of the State Forest Department for
acceptance of otherwise of the proposal with remarks.

(While giving opinion, the adverse comments made by concerned Conservator

of Forests or Deputy Conservator of Forests should be categorically reviewed
and critically commented upon).
Signature
Name & Designation
(Official Seal)
Date:-_____________
Place:-_____________
 PART- V
(To be filled in by the Secretary in charge of Forest Department or by any other
authorised officer of the State Government not below the rank of an Under Secretary)

18. Recommendation of the State Government:

(Adverse comments made by any officer or authority in Part-B or Part-C or Part-D
above should be specifically commented upon)

Signature
Name & Designation
(Official Seal)
Date:-_____________
Place:-_____________

INSTRUCTIONS (for Part-I):-

1. 1. The project authorities may annex a copy of the approved project/plan in
addition to filling Col. 1 (i) e.g. IBM approved mining plan for major
minerals/CMPDI plan with subsidence analysis reports, etc.
2. 2. Map has to be in original duly authenticated jointly by project authorities and
concerned DCF – Col. 1 (ii).
3. 3. Complete details of alternative alignments examined especially in case of
project like roads, transmission lines, railway lines, canals, etc. to be shown on map
with details of area of forest land involved in each alternative to be given - Col. 1 (iii).
4. 4. For proposals relating to mining, certificate from competent authority like
District Mining Officer about non-availability of the same mineral in
surrounding/nearby non-forest areas.
5. 5. In case the same company/individual has taken forest land for similar project
in the State, a brief detail of all such approvals/leases be given as an enclosure along
with current status of the projects.
6. 6. The latest clarifications issued by the Ministry under Forest (Conservation)
Act, 1980 may be kept in mind. In case such information do not fit in the given
columns, the same shall be annexed separately.

GENERAL INSTRUCTIONS:-
1. 1. On receipt of proposal, Nodal Officer shall issue a receipt to the user agency
indicating therein the name of the proposal, user agency, area in hectare, serial
number and date of receipt.
2. 2. If the space provided above is not sufficient to specify any information,
please attach separate details/documents.
3. 3. While forwarding the proposal to the Central Government, complete details
on all aspects of the case as per Form prescribed above read with the clarifications
issued by the Ministry of Environment and Forests, Government of India, New Delhi
should be given. Incomplete or deficient proposals shall not be considered and shall
be returned to the State Government in original.

4. 4. The State Government shall submit the proposal to the Central Government
within stipulated time limits. In case of delay while forwarding, the reasons for the
same to be given in the forwarding/covering letter.
 FORM – ‘B’
(See Rule 6)

Form for seeking prior approval under section 2 of the proposals by the State
Governments and other authorities in respect of renewal of leases, which have been
earlier granted clearance under Forest (Conservation) Act, 1980

PART-I
(to be filled up by user agency)
1. 1. Letter No. & date vide which clearance under Forest (Conservation) Act, 1980
accorded by the Central Government (copy to be enclosed):
2. 2. Project details:
(i) Short narrative of the proposal and project/scheme for which the forest land is
required.
(ii) Map showing the required forest land, boundary of adjoining forest on a
1:50,000 scale map.
(iii) Cost of the project:
3. Purpose-wise break-up of the total land required (already broken & to be broken):
4. Details of Certificates/documents enclosed as required under the instructions.

Signature
(Name in Block letters)
Designation
Address (of User Agency)
Date:-_____________
Place:-_____________

State serial No. of proposal________________

(To be filled up by the Nodal Officer with date of
receipt)

PART-II
(To be filled by the concerned Deputy Conservator of Forests)
State serial No. of proposal________________
5. Location of the project/Scheme:
(i) (i) State/Union Territory
(ii) (ii) District.
(iii) (iii) Forest Division
(iv) (iv) Area of forest land proposed for diversion (in ha.)
(v) (v) Legal status of forest
(vi) (vi) Density of vegetation.
(vii) (vii) Species-wise (scientific names) and diameter class-wise enumeration
of trees in unbroken area.
(viii) (viii) Whether forms part of National Park, wildlife sanctuary, biosphere
reserve, tiger reserve, elephant corridor, etc. (If so, the details of the area and
comments of the Chief Wildlife Warden to be annexed).
6. Whether any work in violation of the Act has been carried out (Yes/No). If yes,
details of the same including period of work done, action taken on erring officials.
Whether work in violation is still in progress.
7. Site inspection report of the DCF (to be enclosed) in respect to status of compliance
of conditions stipulated during earlier approval.
8. Division/District profile:
(i) (i) Geographical area of the district.
(ii) (ii) Forest area of the district.
(iii) (iii) Total forest area diverted since 1980 with number of cases.
(iv) (iv) Total compensatory afforestation stipulated in the district/division
since 1980 on (a) forest land including penal compensatory afforestation,
(b) non-forest land.
(v) (v) Progress of compensatory afforestation as on (date)
________________ on
(a) forest land
(b) non-forest land.
9. Specific recommendations of the DCF for acceptance or otherwise of the proposal
with reasons.
Signature
Name
Official Seal
Date:-_____________
Place:-_____________

PART-III
(To be filled by the concerned Conservator of Forests)
10. Whether site, where the forest land involved is located has been inspected by
concerned Conservator of Forests (Yes/No). If yes, the date of inspection &
observations made in form of inspection note to be enclosed.
11. Whether the concerned Conservator of Forests agree with the information given in
Part-B and the recommendations of Deputy Conservator of Forests.
12. Specific recommendation of concerned Conservator of Forests for acceptance or
otherwise of the proposal with detailed reasons.
Signature
Name
Official Seal
Date:-_____________
Place:-_____________

PART-IV
(To be filled in by the Nodal Officer or Principal Chief Conservator of Forests or
Head of Forest department)
13. Detailed opinion and specific recommendation of the State Forest Department for
acceptance of otherwise of the proposal with remarks.
(While giving opinion, the adverse comments made by concerned Conservator of Forests or
Deputy Conservator of Forests should be categorically reviewed and critically commented
upon).
Signature
Name & Designation
(Official Seal)
Date:-_____________
Place:-_____________
 PART- V
(To be filled in by the Secretary in charge of Forest Department or by any other
authorised officer of the State Government not below the rank of an Under Secretary)
14. Recommendation of the State Government:
(Adverse comments made by any officer or authority in Part-B or Part-C or Part-D
above should be specifically commented upon)
Signature
Name & Designation
(Official Seal)
Date:-_____________
Place:-_____________

INSTRUCTIONS (for Part-I):-

1. 1. The project authorities may annex a copy of the approved project/plan in
addition to filling Col. 2 (i) e.g. IBM approved mining plan for major
minerals/CMPDI plan with subsidence analysis reports, etc.
2. 2. Map has to be in original duly authenticated jointly by project authorities and
concerned DCF – Col. 2 (ii).
3. 3. In case the same company/individual has taken forest land for similar project
in the State, a brief detail of all such approvals/leases be given as an enclosure along
with current status of the projects.
4. 4. Item-wise requirement (Col. 3) should be separately shown for broken up and
fresh areas.
5. 5. The latest clarifications issued by the Ministry under Forest (Conservation)
Act, 1980 may be kept in mind. In case such information do not fit in the given
columns, the same shall be annexed separately.

GENERAL INSTRUCTIONS:-
1. 1. On receipt of proposal, Nodal Officer shall issue a receipt to the user agency
indicating therein the name of the proposal, user agency, area in hectare, serial
number and date of receipt.
2. 2. If the space provided above is not sufficient to specify any information,
please attach separate details/documents.
3. 3. While forwarding the proposal to the Central Government, complete details
on all aspects of the case as per Form prescribed above read with the clarifications
issued by the Ministry of Environment and Forests, Government of India, New Delhi
should be given. Incomplete or deficient proposals shall not be considered and shall
be returned to the State Government in original.
4. 4. The State Government shall submit the proposal to the Central Government
within stipulated time limits. In case of delay while forwarding, the reasons for the
same to be given in the forwarding/covering letter.
(File No. 5-5/98-FC)
DR. V.K. BAHUGUNA, Inspector General of Forests (Forest Conservation)

Note:- The principal rules were published vide G.S.R. No. 719 dated the 1st August, 1981 in
part II, Section 3, sub-section (i) of the Gazette of India and subsequently amended vide
(1) (1) G.S.R. 14, dated the 28th December, 1987
(2) (2) G.S.R. 640(E), dated the 26th June, 1989
(3) (3) G.S.R. 563 (E), dated the 21st May, 1992.
 PART - C

CHAPTER 1:- Application of Forest (Conservation) Act, 1980

1.1. Definition

(i) The term 'Forest land' mentioned in Section 2 of the Act refers to reserved forest,
protected forest or any area recorded as forest in the government records. Lands
which are notified under Section 4 of the Indian Forest Act would also come within
the purview of the Act. (Supreme Court's Judgement in NTPC's case). It would also
include “forest” as understood in the dictionary sense (Supreme Court orders dated
12.12.1996 in WP No. 202/1995- Annexure-I). All proposals for diversions of such
areas to any non-forest purpose, irrespective of its ownership, would require the prior
approval of the Central Government.
Clarification:- The term “forest” shall not be applicable to the plantations
raised on private lands, except notified private forests. However, felling of trees in
these private plantations shall be governed by various State Acts and Rules. Felling of
trees in notified private forests will be as per the working plan / management plan
duly approved by Government of India.
(ii) The term "tree" for the purpose of this Act will have the same meaning as defined in
Section 2 of the Indian Forest Act, 1927 or any other Forest Act which may be in
force in the forest area under question.

1.2 Clarifications

(i) The cases in which specific orders for de-reservation or diversion of forest areas in
connection with any project were issued by the State Government prior to 25.10.1980,
need not be referred to the Central Government. However, in cases where only
administrative approval for the project was issued without specific orders regarding
dereservation and/or diversion of forest lands, a prior approval of the Central
Government would be necessary.
(ii) Harvesting of fodder grasses, legumes etc. which grow naturally in forest areas,
without removal of the tree growth, will not require prior approval of the Central
Government. However, lease of such areas to any organisation or individual would
necessarily require approval under the Act.
(iii) The forest policy, as well as provisions of the Forest (Conservation) Act, 1980, do not
interfere in any manner or restrict the Nistar, recorded rights, concessions and
privileges of the local people for bonafide domestic use as granted by the State
Governments under Indian Forest Act, 1927 or State Forest Acts/Regulations.
However, it has to be ensured that while allowing such rights, concessions and
privileges to be exercised, the right holders do not resort to felling of trees or break up
the forest floor so as to procure stones, minerals, or take up constructions, etc. The
forest produce so obtained shall not be utilised for any commercial purposes.
The collection of such forest produce should be manual and should be transported
through local modes or transport like bullock carts, camel carts, etc. and no
mechanised vehicles shall be allowed to be used in transporting such forest produce
and only in exceptional cases with the approval of concerned Divisional Forest
Officers, tractors mounted with trolley may be used. (No. 11-12/98-FC(Pt.II) dated
3.5.1999 –96/c and dated 22.11.2000)
 Clarification:- The Supreme Court has passed an order on 14.02.2000 restraining
removal of dead, diseased, dying or wind-fallen trees, drift wood and grasses etc.
from any National Park or Game Sanctuary……” Annexure-II A may be referred to.
In view of this, rights and concessions cannot be enjoyed in the Protected Areas
(PAs).

1.3 Investigation and Survey

(i) Investigations and surveys carried out in connection with development projects such
as transmission lines, hydro-electric projects, seismic surveys, exploration for oil
drilling, mining etc. will not attract the provisions of the Act as long as these surveys
do not involve any clearing of forest or cutting of trees, and operations are restricted
to clearing of bushes and lopping of tree branches for purpose of sighting.
(ii) If, however, investigations and surveys involve clearing of forest area or felling of
trees, prior permission of the Central Government is mandatory.
(iii) Notwithstanding the above, survey, investigation and exploration shall not be carried
out in wildlife sanctuaries, national parks and sample plots demarcated by the Forest
Department without obtaining the prior approval of the Central Government, whether
or not felling of trees is involved.
Clarification:- The Supreme Court has passed several orders regarding taking
up of non-forestry activities in the National Parks/Sanctuaries. Annexure-II A may be
referred to. In view of this, the State Governments should not submit any proposal for
diversion of forest land in National Parks and Sanctuaries without seeking prior
permission of the Indian Board for Wildlife (Now National Board of Wildlife) and
Supreme Court. (No. 11-9/98-FC dated 04.12.1998 and 04.05.2001).
(iv) The work of actual construction would however, fully attract the provisions of the Act
and prior clearance of the Central Government must be obtained even if such work
does not require felling of trees.
(v) Prospecting of any mineral, done under prospecting license granted under MMRD
Act, which requires collection/ removal of samples from the forest land, would be a
stage between survey & investigation and grant of mining lease and as such
permission under Forest (Conservation) Act 1980 would be required. (No. 11-
56/2000–FC dated 12.06.2001). However, test drilling upto 10 bore holes of
maximum 4’’ diameter per 100 sq. km. for prospecting, exploration or reconnaissance
operations, without felling of trees, shall not attract the provisions of the Act. In all
other cases involving more number of drilling of bore holes, prior permission of the
Central Government under the Act would be required.
(vi) It is clarified that the permission to survey, exploration or prospection would not ipso
facto imply any commitment on the part of the Central Government for diversion of
forest land.

1.4 Explanation Regarding Non-Forest Purpose

(i) Cultivation of tea, coffee, spices, rubber and palm is a non-forestry activity, attracting
the provisions of the Act.
(ii) Cultivation of fruit-bearing trees or oil-bearing plants or medicinal plants would also
require prior approval of the Central Government except when:
 (a) The species to be planted are indigenous to the area in question; and
(b) Such planting activity is part of an overall afforestation programme for the forest area
in question.

1.5 Tusser Cultivation

(i) Tusser cultivation in forest areas by the tribals as a means of their livelihood without
undertaking monocultural Asan or Arjun plantations shall be treated as a forestry
activity. Therefore, no prior approval of the Central Government under the Act is
necessary.
(ii) Tusser cultivation in forest areas for which specific plantation of Asan or Arjun trees
are undertaken for providing host trees to the silk cocoons shall be treated as forestry
activity not requiring prior approval of the Central Government provided such
plantation activity does not involve any felling of existing trees; provided further that
while undertaking such plantations, at least three species are planted, of which no
single species shall cover more than 50% of the planted area.
(iii) Plantation of mulberry for silkworm rearing is a non-forestry activity attracting the
provisions of the Act.

1.6 Mining

(i) Mining including underground mining is a non-forestry activity. Therefore, prior

approval of the Central Government is essential before a mining lease is granted in
respect of any forest area. The Act would apply not only to the surface area which is
used in the mining but also to the entire underground mining area beneath the forest.
A renewal of an existing mining lease in a forest area also requires the prior approval
of the Central Government. Continuation or resumption of mining operation on the
expiry of a mining lease without prior approval would amount to contravention of the
Act.
(ii) The advice of the Ministry of Law, Government of India in regard to the Supreme
Court Order in Civil Appeal No.2349 of 1984 dated 7.5.1985 is at Annexure-III.
(iii) Boulders, bajri, stone, etc., in the riverbeds located within forest areas would
constitute a part of the forest land and their removal would require prior approval of
the Central Government.

1.7 Clarification on Sub-clause 2(iii) of the Act

(i) The Sub-clause shall not be attracted when any forest land or any portion thereof is
assigned to any authority, corporation, agency or any other organisation wholly
owned, managed or controlled by the concerned State/Union Territory Government
and/or the Central Government. Such Government owned, managed or controlled
authority/corporation/ agency, which has been assigned such forest land shall not
reassign it or any part thereof to any other organisation or individual.
(ii) Any scheme or project which involves assignment of any forest land by way of lease
or similar arrangement, for any purpose whatsoever, including afforestation, to any
private person or to any authority/agency/organisation not wholly owned, managed or
controlled by the Government (such as private or joint sector ventures) shall attract
the provisions of this sub-clause.
1.8 Clarification on Sub-clause 2(iv) of the Act

(i) Sub-clause 2(iv) of the Act prohibits clearing of naturally grown trees in forest land
for the purpose of using it for reforestation. The provisions of this sub-clause will be
attracted if the forest area in question bears naturally grown trees and are required to
be clear-felled, irrespective of their size, for harnessing existing crop and/or raising
plantation through artificial regeneration techniques, which may include coppicing,
pollarding or any other mode of vegetative propagation.
(ii) All proposals involving clearing of naturally grown trees in any forest area,
including for the purpose of reforestation, shall be sent by the concerned State/UT
Government in the form of Management Plans/Working Plans to the Regional
Chief Conservator of Forests of the concerned Regional Office of the Ministry of
Environment and Forests.
(iii) All proposals in respect of sanction of Working Plans/Management Plans shall be
finally disposed of by the Regional Office, under Section 2 of the Act. While
examining the proposal, the Regional Office would ensure that the final decision is in
conformity with the National Forest Policy, Working Plan guidelines and other
relevant rules and guidelines issued by the Central Government from time to time.
The Regional Office will however, invariably seek prior clearance of the Ministry
whenever the proposal involves clear-felling of forest area having density above 0.4
irrespective of the area involved. Also, prior clearance would be required when the
proposal is for clear felling of an area of size more than 20 ha. in the plains and 10 ha.
in the hilly region, irrespective of density.
(iv) In National parks and Sanctuaries where fellings are carried for improvement of
wildlife and its habitat only, forests would be managed according to a scientifically
prepared management plan approved by the Chief Wildlife Warden, provided that the
removed forest produce shall be used for meeting bona fide needs of the people living
in and around the National Park/Sanctuary and shall not be used for any commercial
purposes. But in cases where large scale felling/removal of timber and non-timber
products is required in a national park/sanctuary, which need disposal through sales,
approval of the Central Government would be necessary. However, this shall be
subject to the orders of the Supreme Court, which may be referred to at Annexure-II
A. (No. 5-5/86-FC(Pt) dated 10.08.1999).

1.9 Clarification of Section 3 B of the Act

(i) Each case of the violation of the Act shall be reported by the concerned State/Union
Territory Government to the Central Government.
(ii) The report of violation shall be described in a self-contained note and supported by
requisite documents, including particularly the names and designations of the
officials/persons who are prima-facie responsible for the contravention of the Act.
(iii) In case it is not possible to fix the responsibility for commission/omission of any
action leading to the violation of the Act, a full explanation with relevant supporting
documents shall be appended to the report.
(iv) Any person and/or authority nominated by the Central Government may be required
to discharge any of the duties, including prosecution under the Act in any Court as
may be deemed appropriate for this purpose. In such an eventuality, the Government
 of the concerned State/Union Territory shall make available all such records or
documents as may be called upon by the investigation officer.

Clarification: The provisions of this Section are applicable to the cases where the
State Government or any authority passes any order for permitting activities covered
by Section 2 of the Forest (Conservation) Act, 1980 without prior approval of the
Central Government. Cases of illicit felling/encroachment/illegal mining, etc. have to
be dealt under the provisions of the Indian Forest Act, 1927, State Forest Acts,
Environment (Protection) Act, 1986, etc. (No. 5-5/86-FC dated 07.12.1999)
1.10 Diversion of Forest Land for Regularisation of Encroachments

(i) Detailed guidelines issued in this regard vide this Ministry's No.13.1/90-F.P.(1) dated
18.9.90 shall be strictly followed. These are included in Annexure IV.
(ii) The State Governments/UT Administrations may send the proposals as follows:-
(a) A consolidated proposal for the whole State in the prescribed application form.
(b) Detailed information as per the enclosed Table/format – Annexure-IV-A.
Division wise proposals, maps, names of encroachers, etc. should be kept
ready at Division level, which may be made available whensoever required for
inspection and need not be appended with the consolidated proposal.
(c) Detailed compensatory afforestation scheme with areas proposed for raising
compensatory afforestation Division-wise, phased planning, fund requirement,
commitment of the State Government to provide funds for the purpose, etc.
Maps of proposed areas for compensatory afforestation should be kept ready
at Division level, which may be made available whensoever required for
inspection.
(d) A time plan for eviction of ineligible encroachers.
(No. 8-67/2000-FC dated 04.12.2000)

1.11 Review of Disputed Claims over Forest Land, arising out of Forest Settlement

Detailed guidelines issued in this regard vide this Ministry's No.13.1/90-F.P.(2) dated
18.9.90 shall be strictly followed. These are included in Annexure IV-B.

1.12 Disputes Regarding Pattas/Leases/Grants involving Forest Land – Settlement

thereof

Detailed guidelines issued in this regard vide this Ministry's No.13.1/90-F.P.(3) dated
18.9.90 shall be strictly followed. These are included in Annexure IV-C.

1.13 Conversion of Forest Villages into Revenue Villages

Detailed guidelines issued in this regard vide this Ministry's No.13.1/90-F.P.(5) dated
18.9.90 shall be strictly followed. These are included in Annexure IV-D.
CHAPTER 2:- Submission of Proposals

2.1 General

(i) Rule 6 of the Forest (Conservation) Rules, 2003 prescribes the procedure for
submission of proposals for seeking prior approval of the Central Government under
Section 2 of the Act. The form appended to the Rules, specifies the particulars to be
furnished with the proposal. Only proposal in the prescribed format, and complete in
all respects, will be considered. The user agency, if they so desire, for monitoring
purpose only, may submit the proposal along with a copy of the receipt from Nodal
Officer of having received complete application to the Assistant Inspector General of
Forests (FC)/Director in-charge of the Monitoring cell.
(ii) All proposals relating to diversion of forest land up to 40 hectares and proposals for
clearing of naturally grown trees for reforestation shall be sent directly to the
concerned Regional Office of the MoEF by the State/UT Government or other
authority. All other proposals shall be sent by the State/UT Government or other
authority to the Secretary to the Government of India, MoEF mentioning "Attention -
FC Division" on covering letter as well as on envelope. Moreover, a copy of all these
proposals irrespective of area should also be sent to concerned Regional Office of the
MoEF. (No. 5-5/86-FC(Pt) dated 30.10.1998).
For small development and public utility projects involving diversion of forest land
upto 5 hectare, the State Government may authorize the Nodal Officer or any other
Officer to submit the proposals directly to the Regional Offices.
(iii) Adverse recommendations of subordinate officers in prescribed form or in the
documents attached with the form should invariably be commented upon by the
Principal Chief Conservator of Forests/Chief Conservator of Forests. Similarly,
adverse recommendation by the PCCF/CCF should be commented upon by the State
Government to emphasis that a conscious decision has been taken in the matter.
(iv) Wherever re-diversion of forest land becomes essential, State Government should
seek the prior permission of the Central Government giving details of the earlier
approval and the proposed activity details in letter form rather than initiating a fresh
proposal. (No. 11-29/2000 - FC dated 24.3.2000)
(v) In cases of irrigation projects or projects involving linear diversion of forest land,
when during execution, some realignment is needed due to technical reasons and
where the re-alignment is of a minor nature, i.e. deviation from the original alignment
is at a few points and the number of trees to be cut does not exceed the number given
in the original proposal, the State government need not submit a fresh proposal.
Rather, they may send this information through a covering letter giving maps of the
original alignment and fresh alignment with details of the additional forest land
required and the variation in the number of trees which will be affected due to the
realignment. (No. 11-16/98-FC dated 29.10.1998)
(vi) The State Governments are advised not to consider/process cases, which are pending
in various Courts or are sub-judice, to avoid all sorts of administrative and legal
complications. (No. 10-236/-FCE dated 06.10.1998)
(vii) In order to ensure that the forest lands are diverted only for site specific projects, that
too where it is inescapable, so that the ecological balance of the country is well
protected, the respective State/UT Administration, should give due consideration to
the following and should submit proposal accordingly after detailed scrutiny.
1. Diversion of forest land within Reserve Forest:- As per the Status of Forest
Report, 1997 published by Forest Survey of India, out of 76.25 million ha. of total
forest area, roughly 54.4% is Reserve Forest area. These forests are considered as
good forests with plenty of bio diversity and it is necessary to keep these forests
intact. As such, any proposal for diversion in Reserve Forest should be very carefully
examined and detailed justification after exhausting all alternatives for locating the
project in this forest area should be given while forwarding the proposal.

2. Regarding Mining proposals:- It has been observed by the Central

Government that a large number of proposals relating to mining are submitted which
are located deep inside the forest areas. Locating such proposals inside makes entire
forest area vulnerable due to ancillary activities like construction of approach road,
movement of vehicles and coming up of colonies for the workers. It has also been
observed that whatever area has already been opened up for mining of different
minerals, have not been worked and reclaimed systematically and scientifically.
There is a tendency to open up new pits without exhausting the existing ones to its full
depth/potential. Therefore, Ministry has decided that whenever a proposal for fresh
mining is submitted a brief profile of the lessee/company should be submitted giving
details of their existing mining leases in the State with their capacity of production,
the present level of average annual production, location of these pits and the status of
reclamation of forest land that are exhausted of minerals. Alongwith this, the State
Government should also submit details of all other mining leases for that particular
mineral with their capacity and average annual production and projected future
requirements. They should fully justify the necessity of opening new mining leases
for that particular mineral. Mining plan should be approved by the competent
authority for concerned minerals e.g. for coal it should be approved by Controller of
Coal and for major minerals by IBM and so on.

Even in the case of renewals, it has been observed that the State Governments are not
giving complete picture of mining activity in the particular block or compartment of
the forest block. Whenever such proposal is sent, complete details of existing or
proposed leases in that particular forest area with their present status should be
indicated on Survey of India topo-sheet on 1:50,000 scale.

3. Diversion for non-site specific projects:- A large number of proposals for

diversion of forest land for non-site specific projects like industries, construction of
residential colonies, institutes, disposal of fly ash, rehabilitation of displaced
persons, etc. are received by the Central Government. Attention is drawn to items
1(iv) and 8 of the Form ‘A’ in which the proposal is to be submitted by the State
Government. In these columns, justification for locating the project in the forest area
giving details of the alternatives examined and reasons for their rejection has to be
furnished. Normally, there should not be any justification for locating non site-
specific projects on forest land. Therefore, the State Government should scrutinize
the alternatives in more details and must give complete justification establishing its
in-escapability for locating the project in forest area.

4. It has been observed that in respect of many proposals, the Central

Government receives representation from NGOs/local public bodies against the
diversion of forest land on loss of forest land, environment and ecological grounds. It
is felt that it is essential to have the opinion of the local people, whenever a project is
coming up in that area. Therefore, whenever any proposal for diversion of forest land
is submitted, it should be accompanied by a resolution of the 'Aam Sabha' of Gram
Panchayat/Local Body of the area endorsing the proposal that the project is in the
interest of people living in and around the proposed forest land except in cases
wherever consent of the local people in one form or another has been obtained by the
State or the project proponents and the same is indicated in the proposal explicitly.
 However, it would be required where the project activity on forest land is affecting
quality of life of the people residing in nearby areas of the site of diversion; like
mining projects, displacement of people in submergence area, etc. It is further
clarified that such resolution would not be required in following cases:
a. a. Project requires public hearing in order to get environment clearance.
However, a copy of public hearing may be furnished along with the proposal
in such cases.
b. For projects like construction of roads, canals, laying of pipelines/optical
fibers and transmission lines etc., where linear diversion of forest land in
several villages are involved.
c. Proposals involving diversion of private forest lands.
d. In case of small public utility projects like drinking water, schools, hospitals
which are for the welfare of local people.
(No. 11-30/96-FC(Pt) dated 26.02.1999 and dated 17.08.2000, No.5-5/86-FC dated
09.03.2000)

2.2 Particulars to be Furnished along with the Proposal

(i) Map of the forest area required showing boundary of the adjoining forests, etc., is to
be furnished along with the prescribed form. This should normally be on 1:50,000
scale original Survey of India toposheet. However, if maps on 1:50,000 scale are not
available, map on 1"=1 mile or 1"= 4 miles or any other suitable scale would be
acceptable. If the area is very small, an index map may be submitted showing forest
boundaries and a location map on a larger scale with a land use of the area required.
(ii) Species-wise and diameter class-wise abstract of trees to be felled should be
furnished in the prescribed form. Total enumeration is necessary only up to 10
hectares. For larger areas, species-wise and diameter class-wise abstract of trees may
be computed either from the working plans or by standard sampling methods.
(iii) The projects for roads and railway line construction will be processed in their entirety.
Therefore, proposals in piecemeal should not be submitted. A note on the present and
future requirement of forest land is required to be submitted along with the proposal.
(iv) The user agency shall submit the proposal for renewal of mining lease to the Forest
Department one year prior to date of expiry of existing lease, failing which the
proposal may be liable for rejection. The State Government shall send the complete
proposal to the MOEF at least 6 months prior to the expiry of the existing lease. In
case of any delay, a detailed report elaborating the cause of delay shall be sent
alongwith the proposal. (substituted vide No. 5-5/86-FC dated 25.11.1994)
(v) Special guidelines in regard to laying of transmission lines in forest area are at
Annexure V.
(vi) All proposals seeking prior approval of the Central Government should invariably
contain the following information:
(a) (a) Extent of forest cover in the concerned district/State.
(b) (b) Extent of forest land diverted so far under Forest (Conservation) Act 1980 in the
concerned district/State.
(c) (c) Extent of forest land diverted for same/similar purpose/project so far in the
concerned district/State.
(d) (d) Progress of compensatory afforestation in the concerned district/State under
earlier forest clearances.
 However, the States/UTs may submit the above information on a consolidated,
calendar year basis every year as per the proforma at Annexure-VII so as to avoid
duplication/re-iteration in each proposal. (No. 11-30/96-FC (Pt) dated 28.06.2001)
(vii) Mining proposals in forest areas in respect of coal and other major minerals should be
accompanied with the following documents:-

1. In respect of Underground mining in stratified deposits in forest areas

The mining plan in stratified deposits in forest areas should include the predicted
subsidence, slope and strain values and their impact on forests and surface and their
mitigation. The maximum tensile strain of 20 mm per meter and thereby the surface
cracks of width of about 200 - 300 mm is to be permitted in forest areas. Accordingly,
the mine plans should be made to restrict the subsidence movement within these
limits with the provision of mitigation measures. All mining plans in respect of coal
and other major minerals should be accompanied with numerical modelling in 3-
Dimension for subsidence prediction through an expert mining engineer/organisation
to assess long term damage on surface vegetation due to underground mining
preferably from Banaras Hindu University; ISM, Dhanbad; any of the IITs located at
Delhi, Kanpur, Mumbai, Kharagpur, Madras, Roorkee & Guwahati; or M/s CMRI
alongwith the mitigation measures suggested by them should be submitted along with
the proposal. The surface layout of mining area should be designed so as to use
minimum possible land, and wherever feasible, the surface facilities should be
planned over non-forest areas.

2. Open cast mining in forest areas.

In respect of open cast mining in forest areas, a comprehensive study of solid waste
management and land reclamation with post mining land use plan and de-
commissioning should be made and the plan should envisage the minimum possible
overburden dumping outside the mine. In place where the non-forest land is
available, the external dumping of the overburden should be planned on non-forest
land. Special attention should be given to top-soil and sub-soil handling and
management.

3. Use of Fly ash in reclamation of open cast mines

Wherever feasible, depending upon the characteristic of fly ash and its availability
nearby, use of fly ash in reclamation of open pits should be looked into and planned.
Fly ash for this purpose should be characterized from the point of view of leaching
potential with special reference to heavy metals.

While forwarding the proposals, the State Government may also bear in mind the para
7.13 of The National Mineral Policy, 1993 (For non-fuel & non-atomic mineral)
wherein it states that “ --- Mining operation shall not ordinarily be taken up in
identified ecologically fragile and biologically rich areas.....”. (No. 2-2/2000-FC
dated 27.03.2000)

4. 4. Mining Plan
Ministry is receiving a large number of proposals for grant of/renewal of mining
leases. In order to take a holistic view, it is essential that a copy of the mining plan
duly approved by the IBM, Nagpur should be enclosed with the proposal alongwith
map of forest area on printed original copy of Survey of India topo sheet 1:50,000
scale showing boundaries of forest area and other mining leases of forest block within
that sheet. (No. 5-5/86-FC (Pt) dated 26.02.1999)
2.3 Proposals Requiring Clearance from Environmental Angle

(i) The projects covered under notifications issued from time to time under Environment
(Protection) Act, 1986, shall require clearance separately from environmental angle,
as per procedure laid down by the Environment Wing of the MOEF. Environmental
clearance where required should be applied for separately and simultaneously.
(ii) Notwithstanding the above, if in the opinion of the Ministry or the Advisory
Committee, any proposal should be examined from the environmental angle, it may
be required that the project proponent refer the case to the Environment Wing of the
MOEF.
(iii) For projects requiring clearance from forest as well as environment angles, separate
communications of sanction will be issued, and the project would be deemed to be
cleared only after clearance from both angles.
(paras (i) & (iii) substituted No. 5-5/86-FC dated 25.11.1994)

2.4 Simplified Procedure for Certain Categories of Proposals

(i) In respect of proposals for laying of transmission lines, pipelines for drinking water
supply, laying of telephone/optical fibre lines and exploratory drilling for prospecting
of oil which do not involve any felling or cutting of tree, only the following
particulars may be furnished in the prescribed form:
(a) (a) Map of the area required along with geographical location of the project.
(b) (b) Purpose for which forest land is required to be used.
(c) (c) Extent of forest area to be diverted.
(d) (d) Legal status of forest land.
(e) (e) Whether forest land forms part of national park, wildlife sanctuary, biosphere
reserve or forms part of the habitat of any endangered or threatened species of flora
and fauna.
(f) (f) Whether no alternative alignment is possible to avoid or minimise use of
forest land and, whether, the required forest area is the minimum needed for the
purpose. A certificate in this regard is to be furnished by the concerned Divisional
Forest Officer after personal inspection of the spot.
(g) (g) Compensatory afforestation scheme.
(h) (h) A certificate stating specifically that no cutting or felling of trees is involved.

(ii) Other cases involving forest area up to 2 ha. which are devoid of tree cover, may also
be dealt with as per above simplified procedure except for proposals for mining and
regularisation of encroachments.
(paras (d) & (e) interchanged vide No. 11-9/98-FC dated 23.07.01998)

2.5 Diversion of Forest Land for Widening or Expansion or Realignment of

Road/Rail/Canal

(i) (i) Such lands which had been acquired by Government Departments like
Railway, Irrigation, PWD, etc. for specific purposes like laying of roads, railway lines
and canals and the vacant area was planted up with trees and these lands are not yet
notified as protected forests will not attract the provisions of Forest (Conservation)
Act, 1980 for the purposes of widening or expansion or re-alignment. However, the
 concerned agency will seek permission under local laws, if any, from appropriate
authority.
(ii) (ii) Such lands which were acquired by the above departments and the vacant
areas were subsequently planted and notified as protected forests for management
purposes will need approval from the Central Government under Forest
(Conservation) Act, 1980. The user agency will submit the proposal in the prescribed
format through the State Forest Department to the concerned Regional Office of the
Ministry. The Regional Offices shall be competent to finally dispose of all such
proposals irrespective of the area, preferably within 30 days from the date of receipt
of the proposal. While issuing the approval, in place of normal provision for
compensatory afforestation, the Regional Offices will stipulate a condition that for
every tree cut at least two trees should be planted.
(iii) (iii) However, if the decision is not ordered by the concerned Regional Office
within 30 days of the receipt of fully completed application, the Central
Government/State may proceed with the widening/modernisation under intimation to
the local State Forest Department and Central Government.
(Substituted vide No. 4-1/97-FC dated 18.02.1998)

Clarification:- This guideline is applicable to only such projects, where

plantations have been raised on the lands acquired by the user agency and
subsequently notified as Protected Forest. This guideline will not be applicable if the
forest land involved is reserved/protected forests belonging to the Forest Department.
(No. Nil dated 16.07.1999)

2.6 Cost-benefit Analysis

(i) While considering proposals for dereservation or diversion of forest land for non-
forest use, it is essential that ecological and environmental losses and socio-economic
distress caused to the people who are displaced are weighed against economic and
social gains.
(ii) Annexure VI (a) details the types of projects for which cost-benefit analysis will be
required. Annexure VI (b) lists the parameters according to which the cost aspect will
be determined, while Annexure VI (c) gives the parameters for assessing the benefits
accruing.
(iii) A cost-benefit analysis as above should accompany the proposals sent to the Central
Government for clearance under the Act.

2.7 Plan for Rehabilitation of Oustees

(i) If the project involves displacement of people, a detailed Rehabilitation Plan shall be
submitted along with the proposal for diversion of forest land. The Scheduled Tribe
and Scheduled Caste population should be separately considered, and a plan for their
rehabilitation should be in consonance with their socio-economic, cultural and
emotional lifestyle.
(ii) The Government of India do not allow diversion of forest land for rehabilitation of
people. However, such diversion may be considered as a special case, if diversion of
forest land is essentially required for the rehabilitation of persons belonging to
Scheduled Tribes, Scheduled Castes and other people who may have to be shifted
from the core zone of a national park or reserve.
2.8 Transfer of Lease

Where transfer of lease on forest land, from one user agency to another for the same
purpose for which the forest land was diverted, becomes necessary, prior permission
of the Central Government would be required. For this purpose, the State Government
and the original user agency is required to submit no-objection certificate for such
transfer and; the new user agency has to submit an undertaking that they shall abide
by all the conditions on which the forest land was leased to the original user agency
and any other condition which may be stipulated by the Central Government/ State
Government in future.

2.9 Participation of private sector through involvement of NGOs & Forest

Department in afforestation/rehabilitation of degraded forests.

Detailed guidelines issued in this regard vide this Ministry's No. 8-21/96-FC dated
07.06.1999 shall be strictly followed. These are included in Annexure VIII.
(No. 8-21/96-FC dated 07.06.1999)

2.10 Cluster mining

Detailed guidelines issued in this regard vide this Ministry's No. 11-8/2001-FC dated
15.11.2001 shall be strictly followed. These are included in Annexure IX.
(No. 11-8/2001-FC dated 15.11.2001)
CHAPTER 3:- Compensatory Afforestation

3.1 Compensatory Afforestation

(i) Compensatory afforestation is one of the most important conditions stipulated by the
Central Government while approving proposals for de-reservation or diversion of
forest land for non-forest uses. It is essential that with all such proposals, a
comprehensive scheme for compensatory afforestation is formulated and submitted to
the Central Government.
(ii) The comprehensive scheme shall include the details of non-forest/degraded forest area
identified for compensatory afforestation, maps of areas to be taken up for
compensatory afforestation, year-wise phased forestry operations, details of species to
be planted and a suitability certificate from afforestation/management point of view
alongwith the cost structure of various operations.
(iii) Sometimes the compensatory afforestation schemes are being submitted at such a cost
structure, which is at variance with the cost norms for the same area. The
compensatory afforestation schemes no doubt has to be site specific and thus per
hectare rate will vary according to species, type of forest and site. In this regard, it has
been decided that henceforth the compensatory afforestation schemes which are being
submitted alongwith the proposals for forestry clearance, must have technical and
administrative approvals from the competent authority and should be in conformity
with cost norms based on species, type of forest and site.
(No. 8-80/99-FC dated 07.11.2001)

3.2 Land for Compensatory Afforestation

(i) (i) Compensatory afforestation shall be done over equivalent area of non-forest
land.
Clarification:- As a matter of pragmatism, the revenue lands /zudpi jungle/
chhote/bade jhar ka jungle/jungle-jhari land/civil-soyam lands and all other such
category of lands, on which the provisions of Forest (Conservation) Act, 1980 are
applicable, shall be considered for the purpose of compensatory afforestation
provided such lands on which compensatory afforestation is proposed shall be
notified as RF under the Indian Forest Act, 1927.
(ii) (ii) As far as possible, the non-forest land for compensatory afforestation should
be identified contiguous to or in the proximity of Reserved Forest or Protected Forest
to enable the Forest Department to effectively manage the newly planted area.
(iii) (iii) In the event that non-forest land of compensatory afforestation is not
available in the same district, non-forest land for compensatory afforestation may be
identified anywhere else in the State/UT as near as possible to the site of diversion,
so as to minimise adverse impact on the micro-ecology of the area.
(iv) (iv) Where non-forest lands are not available or non-forest land is available in
less extent to the forest area being diverted, compensatory afforestation may be
carried out over degraded forest twice in extent to the area being diverted or to the
difference between forest land being diverted and available non-forest land, as the
case may be.
(v) (v) The non-availability of suitable non-forest land for compensatory
afforestation in the entire State/UT would be accepted by the Central Government
only on the Certificate from the Chief Secretary to the State/UT Government to that
effect.
(vi) (vi) As an exception to 3.2 (i) above, compensatory afforestation may be raised
over degraded forest land twice in extent of the forest area being diverted/dereserved
in respect of following types of proposals :
(a) (a) For extraction of minor minerals from the river beds. (However, if
forest area to be diverted is above 500 hectares, compensatory afforestation
over equivalent area of degraded forest shall be required to be done instead
of twice the area being diverted subject to a minimum of 1000 hectares
compensatory afforestation).
(b) (b) For construction of link roads, small water works, minor irrigation
works, school building, dispensaries, hospital, tiny rural industrial sheds of
the Government or any other similar work excluding mining and
encroachment cases, which directly benefit the people of the area - in hill
districts and in other districts having forest area exceeding 50% of the total
geographical area, provided diversion of forest area does not exceed 20
hectares.
(c) (c) For laying of transmission lines upto 220 KV.
(d) (d) For mulberry plantation undertaken for silk-worm rearing without any
felling of existing trees.
(e) (e) For diversion of linear or 'strip' plantation declared as protected forest
along the road/rail/canal sides for widening or expansion of road/rail/canal.
(f) (f) For laying of telephone/optical fibre lines.
(inserted vide No. 11-9/98-FC dated 23.07.1998)

(vii) The field firing ranges, which are used temporarily by the defence establishments for
arms practice, comprises of safety zone encompassing the field firing range and
danger area/impact zone. Keeping in view that the impact area is only a small portion
of the entire firing range and as an exception to 3.2 (i) above, compensatory
afforestation may be raised over equivalent degraded forest land of the forest area
being diverted for impact zone of the field firing range.
(No. 11-9/96-FC dated 07.01.1997), No. 11-55/2000-FC dated 06.09.2000 and No. 8-
58/98-FC dated 06.11.2001)

(viii) No compensatory afforestation shall be insisted upon in respect of the following :-

(a) (a) For clearing of naturally grown trees in forest land or in portion thereof for
the purpose of using it for reforestation.
(b) (b) Proposals involving diversion of forest land up to one hectare. (However,
in such cases, plantation of ten times the number of trees likely to be felled will have
to be carried out by way of compensatory afforestation or any number of trees
specified in the order).
(c) (c) For underground mining in forest land below 3 metres. (However, in
respect of forest area required for surface right, compensatory afforestation shall be
required as per relevant provisions).
(d) (d) Cases of renewal of mining lease, for the forest area already broken/used for
mining, dumping or overburden, construction of roads, ropeways, buildings, etc. For
the balance area, compensatory afforestation shall be required to be done as
stipulated, provided that no compensatory afforestation had been stipulated and
done in respect of this area at the time of grant/renewal of lease earlier.
(substituted vide No. 5-5/86-FC dated 25.11.1994)
(ix) Special provisions for Central Government/Central Government Undertaking
Projects.

(a) (a) Compensatory afforestation may be raised on degraded forest land twice in
extent of forest area being diverted. Certificate of Chief Secretary regarding non-
availability of non-forest land for compensatory afforestation will not be insisted.
(b) (b) The user agency will deposit the amount for compensatory afforestation with
the concerned State Govt. on receiving the demand and the actual transfer/use of
forest land will be effected only after the receipt of the demanded amount.
(c) (c) The State Governments will identify `blank forest' or degraded forest lands
for compensatory afforestation. The State Governments of Madhya Pradesh and
Rajasthan will identify such degraded forest land in their States for compensatory
afforestation of central projects in their respective States as indicated by the Chief
Secretaries of these two States in the meeting of Committee of Secretaries held on
15.11.96.
(d) (d) The pool of degraded forest land in Madhya Pradesh and Rajasthan will also
be available for the Central Government projects of other States if the concerned State
Government fail to identify the requisite land, as mentioned at (a) above, for
compensatory afforestation in its own territory within one month of the submission of
the proposal to the State Government.
(e) (e) While identifying the pool of degraded forest land, blank forest lands in
reserved forests in compact/sizeable blocks should be identified as first priority as
"plantation bank". An appropriate treatment plan with choice of species should be
prepared by the beneficiary States. Only when such areas are not available, the choice
of compensatory afforestation will fall on protected, unprotected forests and
unclassified forests in declining order of priority.
(f) (f) The Nodal Officer (Forest Conservation), State Forest Department will
identify the pool of such degraded forest lands in consultation with the concerned
Chief Conservator of Forests (C), Regional Offices of the MOEF.
(No. 11-30/96-FC dated 10.04.1997 – 40/c, dated 11.09.1997)

Clarification:- The provisions of the above guideline would be applicable to

only Central Sector projects and not on State Sector projects which are being
undertaken by Central PSUs on turnkey basis. In such cases, compensatory
afforestation on equivalent non-forest land/a certificate of Chief Secretary regarding
non-availability of equivalent non-forest land anywhere in the State shall be insisted
upon.
(No. 11-30/96-FC (pt.I) dated 16.04.2003)

3.3 Elements of Schemes for Compensatory Afforestation

(i) The scheme for compensatory afforestation should contain the following details:-
(a) (a) Details of equivalent non-forest or degraded forest land identified for raising
compensatory afforestation.
(b) (b) Delineation of proposed area on suitable map.
(c) (c) Agency responsible for afforestation.
(d) (d) Details of work schedule proposed for compensatory afforestation.
(e) (e) Cost structure of plantation, provision of funds and the mechanism to ensure
that the funds will be utilized for raising afforestation.
(f) (f) Details of proposed monitoring mechanism.

3.4 Lands Identified for Compensatory Afforestation to be Transferred to the Forest

Department

(i) Equivalent non-forest land identified for the purpose are to be transferred to the
ownership of the State Forest Department , and declared as protected forests so that
the plantation raised can be maintained permanently. The transfer must take prior
to the commencement of the project.
(ii) (ii) The compensatory afforestation should clearly be an additional plantation
activity and not a diversion of part of the annual plantation programme.
(iii) (iii) In each case where the afforestation target is over 500 hectares in plains,
and 200 hectares in hills, a Monitoring Committee shall be established with a
nominee of the Central Government to oversee that the stipulations, including
those pertaining to compensatory plantation are carried out.

3.5 Special Fund

(i) The State/UT Government should create a special fund to which the individual
user agency will make its deposits for compensatory afforestation. The Forest
Department, or any other technically competent agency which is assigned the job
of compensatory afforestation should fully utilise this amount for implementation of
the afforestation scheme approved by the Government of India, and keep separate
and meticulous account thereof.
(ii) In order that a uniform procedure is followed by all departments, the Controller
General of Accounts, Department of Expenditure, Ministry of Finance vide letter No.
T-14018/14/90-Codes/485 dated 23.06.1992 has informed that the aforesaid deposit
may be booked under the head “J-Reserve Fund (b) Reserve Funds not bearing
interest – 8235 – General and Other Reserve Funds – 200 – Other Funds – Special
Fund for Compensatory Afforestation.
(No. T-14018/14/90-Codes/485 dated 23.06.1992)

Clarification:- The Supreme Court has passed orders on 30-10-2002 in I.A.

No.566 in Writ Petition (Civil) No. 202 of 1995, regarding creation of a body for
management of compensatory afforestation fund. Annexure-II B may be referred to.
In compliance with the orders, creation of a body namely, “Compensatory
Afforestation Management & Planning Agency (CAMPA)”is under consideration. As
soon as this body comes into existence, all the funds received by the State/UT
Governments towards compensatory Afforestation, additional compensatory
Afforestation, penal compensatory Afforestation, Net Present Value of forest land,
Catchment Area Treatment Plan Funds, Wildlife Management Plan etc. for the
conditions stipulated by the Central Government, shall be transferred to the CAMPA.
Further, Compensatory Afforestation Funds which have not yet been realized as well
as the unspent funds already realized by the States shall be transferred to the said
body within six months of its constitution by the respective States and the user-
agencies.
Further, Supreme Court in its order dated: 1.8.2003 in I.A. No.826 & 859 in
I.A. No. 566 in Writ Petition (Civil) No.202 of 1995 re-iterated that no approval shall
be granted without imposing the condition indicated in this Court’s order
 dated:30.10.2002 relating to the payment of net present value of the forest land.
Annexure-II C may be referred to.

(iii) Guidelines for collection of Net Present value (NPV) of forest land in compliance to
the orders of the Supreme Court have been issued vide letter no. 5-1/98-FC(pt II)
dated 18/09/2003 and 22/09/2003 (Appendix).
CHAPTER 4:- Some Clarifications

4.1 Delegation of Powers

(i) All proposals involving diversion/dereservation of forest land up to 40 hectares, and
proposals for clearing of naturally grown trees in forest area or portion thereof shall
be sent by the concerned State/UT Government to the concerned Regional Office of
MOEF.
(ii) Chief Conservator of Forests of the concerned Regional Office shall be competent to
finally dispose of all proposals (including decision regarding violation of Act)
involving diversion/dereservation of forest land up to 5 hectares, except in respect of
proposals for regularisation of encroachments and mining (including renewal of
mining leases). Similarly, proposals involving clearing of naturally grown trees in
forest area or portion thereof for reforestation shall also be finally disposed of by the
Chief Conservator of Forests of the concerned Regional Office, subject to
guidelines/instructions issued in this regard (refer to para 1.8) and any other
instructions issued from time to time.
(iii) In the absence of Chief Conservator of Forests, these powers shall be exercised by the
concerned Conservator of Forests of the Regional Office in case the post of Chief
Conservator of Forests is vacant due to transfer, long leave, etc.
(In respect of Regional Office at Chandigarh, these powers shall be exercised by
Conservator of Forests of the Regional Office of Chandigarh).
(iv) (iv) A list of all cases finally disposed of and a list of cases rejected along with
reasons thereof for rejection would be required to be sent every month to the MOEF
by the Regional Office.
(v) (v) (a) In respect of proposals involving diversion of forest area above 5
hectares and up to 40 hectares and all proposals for regularisation of
encroachments and mining up to 40 ha., the proposals shall be examined by
the Regional Chief Conservator of Forests/Conservator of Forests in
consultation with an Advisory Group consisting of representatives of the State
Government from Revenue Department, Forest Department, Planning and/or
Finance Department and concerned Department whose proposal is being
examined. The views of the Advisory Group shall be recorded by the
Regional Chief Conservator of Forests and along with the same, the proposal
shall be sent to Secretary, MOEF for consideration and final decision. It is to
be clarified that views of this Advisory Group in no way shall be binding
while deciding the proposal. The meeting of the Advisory Group may be held
at the State Capital. The proposal will not be deferred for want of quorum.
(b) (b) The meeting of the State Advisory Group will normally be held once
in a month at concerned State Capital. The Regional Chief Conservator of
Forests shall act as Chairman of the Advisory Group and Nodal Officer may
be nominated to work as Member Secretary of the State Advisory Group.
(No. 5-5/86-FC (Pt) dated 01.03.1993)
(c) (c) State Governments may take immediate steps to nominate
representatives of the State Government not below the rank of Joint Secretary
for the Advisory Group. Nodal Officer may be nominated to work as
Member-Secretary of the State Advisory Group.
(d) (d) The details of the officers alongwith addresses, telephone number, etc.
may be directly communicated to the concerned Regional Chief Conservator
of Forests under intimation to this Ministry to facilitate early processing of the
proposals by the Advisory Group.
 (e) (e) The meeting of the Advisory Group will normally be held once a
month at concerned State capital. (No. 5-5/86-FC (Pt) dated 17.12.1992)

4.2 Two Stage Clearance of Proposals

(i) Forestry clearance will be given in two stages. In Ist stage, the proposal shall be
agreed to in principle in which usually the conditions relating to transfer, mutation
and declaration as RF/PF under the Indian Forest Act, 1927 of equivalent non-forest
land for compensatory afforestation and funds for raising compensatory afforestation
thereof are stipulated and after receipt of compliance report from the State
Government in respect of the stipulated conditions, formal approval under the Act
shall be issued.
(ii) However in cases where compliance of conditions stipulated in the in-principle
approval is awaited for more than 5 (five) years from the State Governments, the in-
principle approvals would summarily be revoked. After revocation of the in-principle
approval, if the State Government/user agency is still interested in the project, they
would be required to submit a fresh proposal which shall be considered de-novo.
(No. 11-30/96-FC (Pt) dated 14.09.2001)
(iii) Sometimes the proposals for renewal of mining leases are accorded in-principle
approval/temporary working permission subject to compliance of certain conditions.
It has come to the notice of the Ministry that many a times the user agency approaches
the Courts against the very conditions on which the proposals are accorded in-
principle approval. Ideally the user agency should sort out any grievance in respect of
any stipulated condition with the Central Government/State Government. Therefore, it
has been decided that in cases where the user agency decides to approach the Courts
for redress, the in-principle approval and temporary working permission shall stand
revoked/in abeyance unless the Court cases are withdrawn and conditions complied
with or till the cases are decided by the Courts.
(No. 8-82/93-FC dated 02.04.2003)
(iv) Approved proposals shall not normally be reopened for review of the conditions,
which have been stipulated earlier.

4.3 Anticipatory Action by the State / UT Governments

(i) Cases have come to the notice of the Central Government in which permission for
diversion of forest land was accorded by the concerned State Government in
anticipation of approval of the Central Government under the Act and/or where work
has been carried out in forest area without proper authority. Such anticipatory
action is neither proper nor permissible under the Act which clearly provides for prior
approval of the Central Government in all cases. Proposals seeking ex-post-facto
approval of the Central Government under the Act are normally not entertained.
The Central Government will not accord approval under the Act unless exceptional
circumstances justify condonation. However, penal compensatory afforestation
would be insisted upon by the MOEF on all such cases of condonation.
(ii) The penal compensatory afforestation will be imposed over the area worked/used in
violation. However, where the entire area has been deforested due to anticipatory
action of the State Government, the penal compensatory afforestation will be imposed
over the total lease area.
(No. 5-5/86-FC (Pt) dated 03.02.1999)
4.4 Projects Involving Forest as well as Non-forest Lands

Some projects involve use of forest land as well as non-forest land. State
Governments/project authorities sometimes start work on non-forest lands in
anticipation of the approval of the Central Government for release of the forest lands
required for the projects. Though the provisions of the Act may not have technically
been violated by starting of work on non-forest lands, expenditure incurred on works
on non-forest lands may prove to be infructuous if diversion of forest land involved is
not approved. It has, therefore, been decided that if a project involves forest as well
as non-forest land, work should not be started on non-forest land till the approval of
the Central Government for release of forest land under the Act has been given.

4.5 Diversion for Construction of Houses

(i) On a proposal for construction of houses the late Prime Minister had observed:
"Destruction of our forest has already caused great damage to our environment.
Therefore, I am not at all in favour of use of forest land for construction of houses…..
The State Government should find other land for such purposes."

The Central Government will not entertain any proposal for diversion of forest land
for construction of residential or dwelling houses.
(ii) Diversion of forest land for construction of other buildings also will not be normally
considered. However, such diversion may be allowed for construction of schools,
hospitals/dispensaries, community halls, cooperatives, panchayats, tiny rural
industrial sheds of the Government etc., which are to be put up for the benefit of the
people of that area, but such diversion should be strictly limited to the actually needed
area and further it should not exceed one hectare in each case.

4.6 Extraction of Minor Minerals from the River Beds

(i) Extraction of minor minerals like boulders, bajri, stone, shell, etc. from the river beds
shall not be permitted if the river bed is in a national park or a wildlife sanctuary
unless such extraction is for the benefit of the forest or wildlife.
(ii) There shall be no labour camp in the forest area for the labour involved in the
extraction work.
(iii) Extraction of minor minerals shall be from the middle of the river bed after leaving
one fourth of the river bed on each bank untouched.

4.7 Safety Zone for Mining Operations

(i) Forest area required for safety zone for mining operations should not be part of the
forest area proposed for diversion. However, it should be indicated separately in the
proposal. Such area will have to be fenced at the cost of the project authority.
Further, project authority will have to deposit funds with the Forest Department for
the protection and regeneration of such safety zone area and also will have to bear the
cost of afforestation over one and a half times of the safety zone area in degraded
forest elsewhere.
(ii) Safety zone area calculation in the proposal should be done taking 7.5. metres strip of
the forest land all along the outer boundary of the mining lease area. If it is a cluster
proposal, then the outer boundaries of the cluster should be taken as the safety zone.
(iii) In order to safeguard public roads, forest roads, natural streams and nallahs located in
mining lease areas, it is necessary that no mining activities should be carried out up to
certain reasonable extent. This area can also be included in the safety zone
calculation and provision for its fencing and regeneration should be made in the
proposal.
(No. 11-17/98-FC dated 25.05.1999)

4.8 Catchment Area Treatment Plan

(i) (i) Proposals for diversion of forest land for major and medium irrigation
projects shall invariably be accompanied by detailed catchment area treatment plan.
However, in respect of minor irrigation project, catchment area treatment plan will
not be insisted.
(ii) (ii) Proposals for diversion of forest land for Hydro-electric projects shall
invariably be accompanied by detailed catchment area treatment plan. However, in
respect of small hydel projects (maximum up to 10 MW capacity), which are either
canal head or run-of the river projects without involving impounding of
water/submergence of forest land, catchment area treatment plan will not be insisted.
(No. 11-14/94-FC dated 01.11.2001)

4.9 Special Arrangement in case of Large Projects

In case of large projects, depots for fuel wood should be set up by project authorities
who will also arrange alternate fuel like coal, kerosene, biogas, LPG, electricity etc.
The supply should be free of cost to the labourers and free or at subsidised rates to
the other staff as may be determined by the project authorities.

4.10 Site Inspection

(i) The proposed forest area shall be inspected by a responsible Forest Officer of the
State Government. If the area is very important from the forestry angle, the territorial
Conservator should himself inspect the area and give complete information relating to
the forest and aspects of wildlife. The scientific names of important timber species
should be given while describing composition of the forest crop. If the area is
relatively less important, the DFO could inspect the area. The Inspecting Officers
should clearly record in the proforma if any violation is observed like tree felling,
land breaking etc., in that area by the user agency. In any case the recommendations
of the Chief Conservator of Forests should be categorical and specific and should be
sent with photographs of inspected sites, highlighting the aspects observed, especially
when the area is large or is sensitive and fragile. However, every proposal up to 40
hectare must be accompanied by a site inspection report from the DFO and proposals
involving above 40 hectare should have a site inspection report of the CF. They
should, apart from providing the information in the proforma, also attach a clear cut
certificate as regards the violation of the Forest (Conservation) Act, 1980. In case,
violation has taken place, a detailed report should be submitted by the DFO and
countersigned by the CF along with the proposal.
(ii) In respect of proposals involving diversion of forest land above 100 hectare., site
inspections shall be carried out by the Regional Offices of the Ministry. However, the
State /UT Governments are required to continue to send a copy of proposals involving
diversion of forest land above 40 hectare to the concerned Regional Office as per
 existing practice. The site inspection report should be on the prescribed proforma,
which is at Annexure-X and it should be specific on alternatives examined by the
project authority, minimum requirement of forest land and self explanatory
particularly with regard to overall impact of the project and also contain site specific
mitigating measures, in case of recommending a project. The report should also
contain photographs of the site indicating main points mentioned in the report.
(iii) However, site inspection of proposals involving diversion of forest land upto 100
hectares will be need based i.e. done by the Regional Officers as and when desired by
the Forest Advisory Committee or Ministry. The Regional Office will, however,
scrutinise the proposal (involving forest land between 40 to 100 hectares) and can
send their observation or any feedback particularly violation of the Forest
(Conservation) Act, 1980 for further processing of the proposal.
(iv) In respect of proposals involving renewal of leases, the Regional Offices of the
Ministry should submit a copy of the report of the latest monitoring done( one year
before the expiry of lease period) along with the abstract of monitoring report of the
project during the lease period specially highlighting the conditions which have not
been fulfilled, with complete details of the reasons for not fulfilling. The conditions
which have been complied with should also be highlighted with the quality of
performance of the project authorities with short note on the desirability of renewal of
lease and other recommendations.
(No. 11-13/96-FC dated 04.06.1996, No. 2-2/2000-FC dated 16.10.2000 and No. 2-
2/2000-FC dated 16.10.2000)

4.11 Complete Details

While forwarding the proposal to the Central Government, complete details in all
aspects of the case should be given. Incomplete and deficient proposal will not be
considered and will be returned to the State Government in Original.

4.12 Specific Time Limits

(i) To ensure speedy disposal of proposals, specific time limits have to be laid down for
disposal of references at various levels. Efforts should be made to dispose of each
reference at the State Governments level within a maximum period of 90/60 days as
per the Forest (Conservation) Rules, 2003. Specific instructions may be issued in this
regard to officers at all levels.
(ii) Cases which are complete in all respects shall be disposed of within 60 days by the
Central Government.

4.13 Quarterly Progress Report (QPR)

A Monitoring Cell has been created in the Ministry of Environment & Forests, which
shall be looked after by Director (FC) and an Asstt. Inspector General of Forests. In
all cases, the States will submit quarterly progress reports to the Director (FC)
regarding the implementation of the stipulations laid down by the Government of
India while approving the project especially in respect of compensatory afforestation
and future clearances of projects of the States and Union Territories concerned will
depend upon the fulfillment of the stipulations and the achievements in compensatory
afforestation. Monitoring Cell will also monitor the time taken by the authorities in
 processing the case at different levels of the State Government as well as Central
Government.

Along with quarterly progress report, a statement in tabular form as given below
should also be submitted which will give status of the total number of proposals in the
State :

(a) (a) Name of State

(b) (b) Total no. of proposals submitted since 1980.
(c) (c) No. of proposals finally approved
(d) (d) No. of proposals given Stage I approval
(e) (e) No. of proposals rejected
(f) (f) No. of proposals withdrawn by State Govt.
(g) (g) No. of proposals closed for want of information
(h) (h) No. of proposals pending with Central Govt.
(i) (i) No. of proposals pending with State Govt. for want of information.
(j) (j) Remarks.
(No. 4-2/99-FC dated 02.11.1999)

4.14 Rejection/Reopening of Cases

(i) In cases where the State Government is requested to furnish clarifications or

additional information relating to a proposal, all particulars should be made available
to the Central Government within 60 days. If such particulars are not received within
a maximum of 90 days, the proposal may be rejected by the Central Government for
non-furnishing of essential information. Such cases could be reopened provided the
following conditions are satisfied:
(a) all the required information has been made available.
(b) delay in providing the information is satisfactorily explained, and
(c) there is no change in the proposal in terms of scope, purpose and other important
aspects.

(ii) In some cases, the State Government comes up with a request for reconsideration of
the proposal after it has been considered and rejected by the Ministry. Such request
should be made within three months from the date of the issue of the rejection letter.
The request should give a detailed justification for reconsideration as well as
comments on the grounds on which the proposal was rejected by the Ministry.
(No. 11-9/98-FC dated 04.11.1999)

4.15 Nodal Officer

(i) Separate cells for dealing with diversion of forest land cases should be opened at the
State Government and PCCF levels. A whole-time senior officer not below the rank
of Conservator of Forests should head the cell, who should be designated as the
Nodal Officer.
(ii) The Nodal Officer should receive cases from the user agencies and entertain all
correspondence from them. He should scrutinise and process the case and after
obtaining views/certificate of the Chief Conservator of Forests, should put up the
case to State Government. Besides office staff, the Nodal Officer should also be
 given sufficient field staff to facilitate timely processing. The State Government
while forwarding cases to the Central Government may endorse copies to the Chief
Conservator of Forests and the Nodal Officer. The Central Government may also,
while corresponding with the State Government, send copies to the Nodal Officer.
The Nodal Officer should also obtain all additional information required by the
Central Government about the proposals from the concerned authorities directly and
endorse a copy directly to the Central Government.
(iii) While approving a proposal the Government of India stipulates certain conditions to
reduce the environmental damage on account of forest loss. The conditions must be
enforced. Their non-compliance should be reported by the Nodal Officer to
Regional Office who should inspect the site from time to time.
(iv) In case of opencast mining, it should be the responsibility of the Nodal Officer and his
staff to ensure that all necessary inputs like creation of nursery, storage of top soil for
reuse and methodology for its reforestation, choice of species, etc. are so planned and
implemented that the mined area is fully afforested by the time mining operations are
completed.
(v) The Nodal Officer should monitor the implementation of the conditions of
compensatory afforestation and the survival ratio of the seedlings planted.
(vi) The Nodal Officer may also report compliance of State-I conditions after getting it
vetted by the State Government wherever it is called for mainly dealing with land and
fund matters.
(vii) The Nodal Officer may also inform violations/non-compliance of stipulations/
conditions prescribed by the Central Govt. so that remedial actions could be taken up
early since it is likely to be further delayed after these violations/non-compliance
are to be received only from the State Govt. level. In case of gross violations, for
which delay/time lag is crucial, such reports from territorial CCF/CF shall also be
entertained by Government of India.
(No. 5-5/86-FC (Pt) dated 26.02.1999)
(viii) The Nodal Officer shall submit a monthly report on all the complete applications
received by the State Government and their status of processing in the State. The
report shall be sent to the Regional Office concerned and the Assistant Inspector
General of Forests (FC)/Director incharge of the monitoring cell.

4.16 Lease period for mining lease

(i) The approval under the Forest (Conservation) Act, 1980 for diversion of forest land
for grant/renewal of mining leases shall normally be granted for a period co-terminus
with the period of mining lease proposed to be granted/renewed under MMRD Act,
1957 or Rules framed thereunder, but not exceeding 30 years. While recommending
cases for approval under the FC Act, the user agency/State Government shall indicate
the period for which the mining lease is proposed to be granted/renewed under
MMRD Act or Rules framed thereunder. However, in the event of non compliance of
stipulations to the satisfaction of the MOEF, the clearance accorded may be
summarily withdrawn.
(No. 5-5/86-FC dated 25.11.1994)

(ii) The conditions stipulated while giving approval under the Forest (Conservation)
Act, 1980 for diversion/renewal of forest land for mining purposes shall be
renewed/monitored every five years. If it is found that the lessee has violated or is
not complying with the stipulated conditions, then the approval given under the Forest
 (Conservation) Act, 1980 shall be revoked. Concerned Chief Conservators of
Forests(C), Regional Offices of the Ministry will issue a certificate regarding
fulfillment of these conditions after carrying out the monitoring.

These guidelines shall be applicable retrospectively for all the mining leases which
have more than five years of lease period left.
(No. 5-5/86-FC (Pt) dated 12.12.1997)

(iii) The Regional Office will monitor the main parameters/conditions of formal approval
as frequently as possible at least once in a year. At least once in five years a
comprehensive monitoring as to the effect of mining on air and water pollution will
also be carried out. Regional Offices should send such reports/certificates in respect
of the monitoring mechanism indicated above to this Ministry, so that a view can be
taken on continuation of mining lease beyond five years.
(No. 8-79/91-FC dated 15.04.1998)

4.17 Renewal of Mining Lease - Temporary Working Permission

If an application for renewal of mining lease, complete in all respects, has been
submitted by the user agency to the State Government one year before the expiry of
the existing lease period, but the State Government has not been able to process and
forward the proposal for approval of the Central Government, till the date of the
expiry of existing lease period; in such cases, the Central Government on an
application from the user agency, may grant the user agency, temporary working
permission in the already broken up area till a final decision is taken on the proposal.
(Inserted vide No. 5-5/86-FC dated 25.11.1994, modified vide No. 5-5/86-FC dated
16.10.2002 and again vide No. 5-5/86-FC dated 23.12.2002)

4.18 In respect of proposals related to renewal of mining leases, the Central Government
would grant one year working permission for already broken up areas so as to enable
the State Government to comply with the conditions. This period can be extended by
one more year subject to submission of reasonable progress report from the State
Government as regards to the steps taken to comply with the stipulated conditions.
(Inserted vide No. 5-5/86-FC(pt) dated 30.10.1998 and modified vide No. 5-5/86-
FC(Pt) dated 03.09.2001)
CHAPTER 5:- Conditions stipulated in Forestry Clearances

Whenever clearances are accorded for diversion/de-reservation of forest land under the
provisions of the Forest (Conservation) Act, 1980, certain conditions to minimise impact on
forest land are imposed by the Ministry. These conditions comprise of general conditions,
which are stipulated in almost all the proposals; standard conditions, which are stipulated on
types/category of projects and specific conditions, which are stipulated keeping in view the
impact of the project on forest. However, the list of conditions given below is illustrative and
the Central Government or the State Government may impose any other additional condition
in the interest of conservation, protection or development of forests, wildlife and
environment.

5.1 5.1 General Conditions

(i) (i) Legal status of forest land to remain unchanged.

(ii) (ii) Compensatory afforestation as per guidelines.
(iii) (iii) Transfer and mutation of non-forest land in favour of Forest Deptt., if
applicable.
(iv) (iv) Notification of such land as RF/PF under the Indian Forest Act, 1927.
(v) (v) User agency to provide free fuelwood preferably alternate fuel to the
labourers and the staff working at the site so as to avoid any damage & pressure on
adjacent forest areas.
(vi) (vi) The forest land shall not be used for any purpose other than that specified in
the proposal.
(vii) (vii) Demarcation of lease area to be done on the ground at project cost using four
feet high reinforced cement concrete pillars with serial numbers, forward & back
bearings and distance from pillar to pillar.
(viii) (viii) Rehabilitation of Project affected families, if any.
(ix) (ix) Environmental clearance if required.

5.2 Standard conditions

(i) Mining Proposals:

(a) (a) Phased reclamation of mined area.
(b) (b) Safety zone area, its afforestation and fencing.
(c) (c) Afforestation on 1 ½ times degraded forest land in lieu of the area used for
safety zone.
(d) (d) In case of under ground mines, areas on surface to be fenced and afforested.

(ii) Hydel and irrigation proposals:

(a) (a) Catchment Area Treatment Plan for medium and major projects.
(b) (b) Minimum requirement of forest land for canals.
(c) (c) Afforestation along the reservoir & canals.
(d) (d) No tree felling between FRL (Full Reservoir Level) and FRL-4 meters.
(e) (e) Free water for forestry related projects.

(iii) Road proposals:

(a) (a) Minimum trees to be felled.
(b) (b) Strip plantation on sides and central verge.
(iv) Transmission line proposals:
(a) (a) Minimum trees to be felled.
(b) (b) Plantation of dwarf species (preferably medicinal plants) in right of way
under the transmission lines.

5.3 Specific conditions

These conditions are specific to the nature of the project and are stipulated on case to
case basis by the Central Government/State Government.
 ANNEXURES

ANNEXURE-I

SUPREME COURT ORDERS

1. “……… The term “forest land” occurring in Section 2, will not only include “forest”
as understood in the dictionary sense, but also any area recorded as forest in the
Government record irrespective of its ownership. This is how it has to be understood
for the purpose of Section 2 of the Act. The provisions enacted in the Forest
Conservation Act, 1980 for the conservation of forests, and the matters connected
therewith must apply clearly to all forests so understood irrespective of the ownership
or classification thereof…….”
(Supreme Court orders dated 12.12.1996 in WP No. 202/1995)
 ANNEXURE-II A

SUPREME COURT ORDERS IN RESPECT OF PROTECTED AREAS

1. “……… In the meantime, we restrain respondents Nos. 2 to 32 from ordering the

removal of dead, diseased, dying or wind-fallen trees, drift wood and grasses, etc.
from any National Park or Game Sanctuary …….”
(Supreme Court orders dated 14.02.2000 and 21.02.2000 in I.A. No. 548 in WP No.
202/1995)
2. “……… Pending further orders, no dereservation of forests/sanctuaries/national parks
shall be effected.”
(Supreme Court orders dated 13.11.2000 in I.A. No. 2 in WP No. 337/1995)
3. “……… In the meantime, no permission under Section 29 of the Wildlife (Protection)
Act, 1972 should be granted without getting approval of the Standing Committee of
Indian Board for Wildlife …….”
(Supreme Court orders dated 09.05.2002 in I.A. No. 18 in WP No. 337/1995)
 ANNEXURE-II B

SUPREME COURT ORDERS DATED:30-10-2002 IN RESPECT OF

COMPENSATORY AFFORESTATION FUND IN I.A.NO.566 IN WP(C)
NO.202/1995.

1. “The Union of India shall …………..frame comprehensive rules with regard to the
constitution of a body and management of the compensatory afforestation funds in
concurrence with the Central Empowered Committee………………….. .

2. Compensatory Afforestation Funds which have not yet been realized as well as the
unspent funds already realized by the States shall be transferred to the said body
within six months of its constitution by the respective States and the user-agencies.

3. In addition to above, while according transfer under Forest Conservation Act, 1980
for change in user-agency from all non-forest purposes, the user agency shall also pay
into the said fund the net value of the forest land diverted for non-forest purposes.
The present value is to be recovered at the rate of Rs.5.80 lakhs per hectare to Rs.9.20
lakhs per hectare of forest land depending upon the quantity and density of the land in
question converted for non-forest use. This will be subject to upward revision by the
Ministry of Environment & Forests in consultation with Central Empowered
Committee as and when necessary.

4. A ‘Compensatory Afforestation Fund’ shall be created in which all the monies

received from the user-agencies towards compensatory Afforestation, additional
compensatory Afforestation, penal compensatory Afforestation, net present value of
forest land, Catchment Area Treatment Plan Funds, etc. shall be deposited. The rules,
procedure and composition of the body for management of the Compensatory
Afforestation Fund shall be finalized by the Ministry of Environment & Forests with
the concurrence of Central Empowered Committee…………………. .

5. The funds received from the user-agencies in cases where forest land diverted falls
within Protected Areas i.e area notified under Section 18, 26A or 35 of the Wild Life
(Protection) Act, 1972, for undertaking activities related to protection of bio-diversity,
wildlife, etc., shall also be deposited in this Fund. Such monies shall be used
exclusively for undertaking protection and conservation activities in protected areas of
the respective States/ Union Territories.

6. The amount received on account of compensatory Afforestation but not spent or any
balance amount lying with the States/ Union Territories or any amount that is yet to
be recovered from the user-agency shall also be deposited in this Fund.

7. Besides artificial regeneration (plantations), the fund shall also be utilized for
undertaking assisted natural regeneration, protection of forests and other related
activities. For this purpose, site specific plans should be prepared and implemented in
a time bound manner.
8. The user agencies especially the large public sector undertaking such as Power Grid
Corporation, N.T.P.C, etc which frequently require forest land for their projects
should also be involved in undertaking compensatory Afforestation by establishing
Special Purpose Vehicle. Whereas the private sector user agencies may be involved in
monitoring and most importantly, in protection of compensatory Afforestation.
Necessary procedure for this purpose would be laid down by the Ministry of
Environment and Forests with the concurrence of the Central Empowered Committee.

9. Plantations must use local indigenous species since exotics have long term negative
impacts on the environment.

10. An independent system of concurrent monitoring and evaluation shall be evolved and
implemented through the Compensatory Afforestation Fund to ensure effective and
proper utilization of funds.

ANNEXURE II C

Supreme Court’s Order dated: 1.8.2003 in I.A. No.826 & 859 in I.A. No. 566 in Writ
Petition (Civil) No.202 of 1995 in the matter of compensatory afforestation fund
regarding collection of Net Present Value (NPV)

“……..In the meantime, no approval shall be granted without imposing the condition
indicated in this Court’s order dated:30.10.2002 relating to the payment of net present
value of the forest land.”

ANNEXURE-III
 LAW DEPARTMENT'S ADVICE IN REGARD TO MINING LEASES

i. In respect of the mining operations being carried out on forest lands leased before
the commencement of the Forest (Conservation) Act,1980 during the continuance of
the lease period, the approval of the Central Government under Section 2 of the said
Act is not required.
ii. A renewal of a lease is really the grant of a fresh lease. [See Delhi Development
Authority Vs. Durga Chand Kausish, AIR 1973 SC 2609]. The prior approval of the
Central Government in terms of section 2 of the Forest (Conservation) Act, 1980
would be required when a mining lease granted before the commencement of the said
Act is renewed after its coming into force.
iii. As held by the Supreme Court in State of Bihar Vs. Banshi Ram Modi (supra), prior
approval of the Central Government in terms of Section 2 of the Forest
(Conservation) Act,1980 would not be required for mining and winning any new
mineral from a forest land leased for mining before the commencement of the said
Act during the leased period originally granted, if the said land is already broken up or
cleared before the commencement of the Act. Otherwise, the prior approval of the
Central Government under Section 2 of the said Act would be required.
 ANNEXURE-IV

REGULARISATION OF ENCROACHMENTS ON FOREST LAND

Encroachment of forest land for cultivation and other purposes continues to be the
most pernicious practice endangering forest resources throughout the country. Statistical
information compiled by Ministry of Agriculture during early 1980s revealed that nearly
7 lakh hectares of forest land was under encroachment in the country about a decade back.
This is despite the fact that prior to 1980, a number of States had regularised such
encroachments periodically and approximately 43 lakh hectares of forest land was diverted
for various purposes between 1951 and 1980, more than half of it for agriculture. The
decisions of the State Government to regularise encroachments from time to time seem to
have acted as strong inducement for further encroachments in forest areas and the problem
remained as elusive as ever for want of effective and concerted drive against this evil
practice.
2 The National Forest Policy, 1988 has also observed the increasing trend in
encroachments on forest land and stated that these should not be regularised. Implementation
of this pronouncement has been examined by this Ministry keeping in view the constraints
of various State Governments some of whom have expressed that they stand committed to
regularise encroachments of a period prior to 1980. The issue figured prominently in the
Conference of the Forest Ministers held in May, 1989 and was later examined by an inter-
Ministerial Committee, set up by this Ministry in consultation with the representatives of
some of the States. Keeping in view the recommendations of the Forest Ministers'
Conference and the committee referred to above, and with due approval of the competent
authority, the following measures are suggested for review of the old encroachments and
effective implementation of the pronouncement made in this regard in the National Forest
Policy, 1988.
2.1 All the cases of subsisting encroachments where the State Governments stand
committed to regularise on account of past commitments may be submitted to this
Ministry for seeking prior approval under the Forest (Conservation) Act, 1980.
Such proposals should invariably conform to the criteria given below:
1. PRE-1980 ENCROACHMENTS WHERE THE STATE GOVERNMENT
HAD TAKEN A DECISION BEFORE ENACTMENT OF THE FOREST
(CONSERVATION) ACT, 1980, TO REGULARIZE `ELIGIBLE'
CATEGORY OF ENCROACHMENTS.
1.1 Such cases are those where the State Governments had evolved certain
eligibility criteria in accordance with local needs and conditions and had taken
a decision to regularise such encroachments but could not implement their
decision either wholly or partially before the enactment of the Forest
(Conservation) Act, on 25.10.80.
1.2 All such cases should be individually reviewed. For this purpose the State
Government may appoint a joint team of the Revenue, Forest and Tribal
Welfare Department for this work and complete it as a time-bound
programme.
1.3 In case where proposals are yet to be formulated, the final picture after taking
into considerations all the stipulations specified here may be placed before the
concerned Gaon Sabha with a view to avoid disputes in future.
1.4 All encroached lands proposed for regularisation should be properly surveyed.
 1.5 Encroachments proposed to be regularised must have taken place before
25.10.1980. This must be ascertained from the First Offence Report issued
under the relevant Forest Act at that point of time.
1.6 Encroachments must subsist on the field and the encroached land must be
under continuous possession of the encroachers.
1.7 The encroacher must be eligible to avail the benefits of regularisation as per
the eligibility criteria already fixed by the State.
1.8 As far as possible scattered encroachments proposed to be regularised should
be consolidated/relocated near the outer boundaries of the forests.
1.9 The outer boundaries of the areas to be denotified for regularisation of
encroachments should be demarcated on the ground with permanent boundary
marks.
1.10 All the cases purposed to be regularised under this category should be covered
in one proposal and it should give district-wise details.
1.11 All cases of proposed regularisation of encroachments should be accompanied
by a proposal for compensatory afforestation as per existing guidelines.
1.12 No agricultural practices should be allowed on certain specified slopes.

2. `INELIGIBLE' CATEGORY OF PRE-1980 ENCROACHMENTS WHERE

THE STATE GOVERNMENTS HAD TAKEN A DECISION PRIOR TO
THE ENACTMENT OF THE FOREST (CONSERVATION) ACT, 1980.
2.1 Such cases should be treated at par with post 1980 encroachments and should
not be regularised.

3. ENCROACHMENTS THAT TOOK PLACE AFTER 24.10.1980.

3.1 In no case encroachments which have taken place after 24.10.1980 should
be regularised. Immediate action should be taken to evict the encroachers.
The State/UT Government may, however, provide alternate economic base to
such persons by associating them collectively in afforestation activities in the
manner suggested in this Ministry's letter No. 6-21/89-FP dated 1.6.90, but
such benefits should not extend to fresh encroachers.

CLARIFICATION

A reference is invited to the guidelines issued by this Ministry for regularisation of certain
cases of forest encroachments reproduced above. The relevant paragraph 1.1 of the
guidelines, which clarifies the cases of encroachments, which subject to specified
conditions, would be eligible for regularisation, is reproduced below:

"Such cases are those where the State Governments had evolved certain eligibility criteria in
accordance with local needs and conditions and had taken a decision to regularise such
encroachments but could not implement their decisions either wholly or partially before
enactment of the Forest (Conservation) Act on 25.10.1980.

2. Doubts have been raised as to whether all encroachments that had taken place up to
25.10.1980 could be regularised in accordance with an eligibility formula by which
some earlier encroachments were regularised.
3. A perusal of the paragraph reproduced above will make it clear that there are 2 pre-
conditions for any encroachments to be considered for regularisation. These are:-
 (a) The State Government should have taken the decision on regularisation of
encroachments before 25.10.1980; and
(b) That the decision should be with reference to some eligibility criteria
(normally expected to be related to social and economics status of
encroachers, location and extent of encroachment, cut off date of
encroachment, etc.)
4. It would be seen that the encroachments which are proposed to be considered for
regularisation, subject to the prescribed conditions, are those which fulfilled the
eligibility criteria evolved by the State Government as per decision taken before
25.10.1980 for regularisation of encroachments. The objective is limited to
permitting implementation of decisions taken before 25.10.1980 which could not be
implemented because the enactment of Forest (Conservation) Act, 1980 intervened.
It is therefore quite clear that while all encroachments that can be considered as
eligible for regularisation would have taken place before 25.10.1980, all
encroachments that had taken place before 25.10.1980 would not be eligible for
regularisation - they may be ineligible because either they do not meet the eligibility
criteria or are not covered by any decision taken before 25.10.1980. Thus, if the
decision on regularisation of encroachments in a State covered only encroachments up
to a date earlier than 25.10.1980, the guidelines on regularisation of encroachments
do not envisage that the State Government would now survey encroachments between
that date and 25.10.1980 and propose regularisation. The latter encroachments though
occurring before 25.10.1980 are not covered by any regularisation decision taken
prior to that date and hence can not be considered for regularisation at this juncture.
5. Accordingly, the State Governments may take up for implementation only such
decision of pre 25.10.1980 period which could not be implemented because of Forest
(Conservation) Act, 1980 intervening and propose regularisation of encroachments as
per those decisions and in accordance with the eligibility criteria laid down in those
decisions. No encroachments not covered by any pre 25.10.1980 decisions - even
though they might have occurred prior to that - should now be considered for
regularisation in terms of our guidelines.
 ANNEXURE – IV-A

INFORMATION FOR PROPOSAL FOR REGULARISATION OF

ENCROACHMENTS

S.No. Division District Total Eligible Area with Excess area Area to be
encroachers encroachers ineligible with retrieved
No. Area No. Area encroachers eligible from
encroachers encroacher
(8+9)
1 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10

Community of eligible Legal status of forest Eligible Eligible Eligible

encroachers land encroachers in encroachers in Encroac
W.L.S./NP midst of forest relocate
fringes
or in ex
land rec
from en
SC ST OBC OTH RF PF OTH No. Area No. Area No.
(18+20)
11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22
 ANNEXURE- IV-B

Review of disputed claims over forest land, arising out of forest settlement

It has been brought to the notice of this Ministry that local inhabitants, living in and
around forest areas, have preferred claims on certain notified forest lands contending that
they were in occupation of such areas prior to the initiation of forest settlements and/or their
rights were not enquired and/or commuted before notifying these lands as forests under
respective laws. The claimants are requesting that title of such lands should be conferred on
them. It is being generally felt that even bonafide claims are persistently overlooked causing
wide-spread discontentment among the aggrieved persons. Such instances ultimately erode
the credibility of the Forest Administration and sanctity of the forest laws, especially in the
tracts inhabited by tribals.
2. Seized of its complexities, the issue regarding disputed claims over forest land was
got critically examined by this Ministry through an inter-Ministerial Committee. The
Committee, after prolonged deliberations and due consultations with representatives of some
of the States, stressed the need to resolve such disputes with utmost urgency and suggested
the feasible course of action to redress genuine grievances without jeopardising protection of
forests and forest land. Keeping in view the recommendations of the said Committee and
with due approval of the competent authority, the following course of action is suggested for
amicably resolving disputed claims on forest land:
2.1 The State Government/UT Administration should review the cases of disputed claims
over forest land and identify the following three categories of claims:
(a) (a) Claims in respect of forest areas notified as deemed reserved Forests without
observing the due process of settlement as provided in Forest Acts provided that these
pertain to:
(i) (i) tribals areas; or affect a wide cross section of rural poor in non-tribal
areas; and
(ii) (ii) the claimants are in possession of the ‘disputed land’.
(b) (b) Claims in tribal areas wherever there is prime facie evidence that the process
of forest settlement has been vitiated by incomplete or incorrect records/maps or lack
of information to the affected persons, as prescribed by law, provided that:
(i) (i) Such forest settlement pertains to a period after 1947; and
(ii) (ii) The claimants are in possession of the ‘disputed land’.
(c) (c) Claims in tribal areas wherever the process of settlement is over but
notification under section 20 of the Indian Forest Act, 1927 (or corresponding section
of the relevant Act) is yet to be issued, particularly where considerable delay has
occurred in the issue of final notification under section 20, provided that the claimants
are still in possession of ‘disputed land’.

2.2 After identifying the above three categories of the claims, the State Government/UT
Administration should get these enquired through a Committee which should consist of
atleast the concerned Divisional Forest Officer, Sub-divisional Officer (Revenue Department)
and a representative of the Tribal Welfare Department. The Committee should determine
genuineness of the claims after examining all available evidence to establish that:
(i) (i) In case of category 2.1(a) the claimant was in possession of the disputed land
when the notification declaring ‘deemed reserved forests’ was issued; and
(ii) (ii) In case of categories 2.1(b) and 2.1(c) the claimant was in possession of the
disputed land when the notification showing Governments intention to declare
reserved forest was issued under section 4 of the Indian Forest Act, 1927 (or
 corresponding section of the relevant Act) and his rights were not commuted or
extinguished in accordance with due process of law.

2.3 In no case either the Government or the above Committee shall entertain any claim in
which the claimant has not been in possession of the disputed land throughout.
2.4 Once the bonafides of the claims are established through proper enquiry, the State/UT
Government may consider restoration of titles to the claimants. While deciding to restore
titles to the claimants the following aspects should be duly considered:
(i) (i) As far as possible, restoration of claims should not be result in honey
combing of forest land. In such cases possibility of exchange of land near periphery
or elsewhere (e.g. non-forest Govt. land) should be exhausted.
(ii) (ii) The land to be restored to the claimants should be properly demarcated on
the ground with permanent boundary marks.

2.5 After the State Government/UT Administration has decided in principle to restore
titles to the claimants proposals may be formulated suitably and submitted for seeking prior
approval of this Ministry under the provision of the Forest (Conservation) Act, 1980,
alongwith proposals for compensatory afforestation.
 ANNEXURE- IV-C

Disputes regarding pattas/leases/ grants involving forest land-- settlement thereof

An inter-Ministerial Committee, which was set up by this Ministry to look into

various aspects of tribal-forest-interface has pointed out that a number of cases of
pattas/leases/grants involving forest land in one way or the other, have become contentious
issues between different departments of the State/U.T. Govt. Such pattas/leases/grants are
said to have been issued under the proper authority and orders of the respective State/U.T.
Govts. and the land in question continues in the possession of the allottees or under their
authorised use but its status is under dispute between different departments. Some of such
cases are listed below for illustration.

1.1 1.1 Protected forests in Madhya Pradesh, termed as “Orange Areas” which
according to the State Govts. decision were to be transferred to Revenue Deptt. after
demarcation for issuing pattas to the beneficiaries. It is observed that pattas were
issued to the individuals but transfer of the land from Forest to Revenue Deptt. which
should have preceded allotment of pattas, was not effected.
1.2 1.2 ‘Dali’ lands in Maharashtra which are said to have been leased to the entire
village community in the past by the State Government. The assignees continue to
make use of these lands for various purposes as per original terms and conditions and
some times, in accordance with the decision of the village community wherever such
leases are for collective use of the community as a whole. But the formal status of
these 'Dali' lands is not clear.
1.3 1.3 Cases in which land was assigned by the Revenue Department supposedly
from revenue lands. But eventually these were found to be notified forest land even
though the assignees were not dispossessed of their holdings.
1.4 1.4 Leases granted by the State Governments for cultivation, agro-forestry or tree
plantation; the leases continue to possess the land though these have not been renewed
since enactment of the Forest (Conservation) Act, 1980.

2. An ambiguity about the status of the land involved in the type of cases cited above,
particularly when the forest land continues under the possession of the assignees, is likely to
adversely affect forest protection in these and the neighbouring areas, apart from forcing the
lawful assignees to live in a state of uncertainty. Keeping these and similar other aspects in
view and after careful consideration of the recommendations of the inter Ministerial
Committee, it has been decided that inter departmental issues related to pattas/leases/grants
involving forest land should be settled at the earliest. The following steps are suggested in
this regard.
2.1 All the cases of pattas, leases, grants involving forest land whether by intent,
omission, oversight or accident, should be reviewed by the State/UT Government. Such
review should enable the State/UT Government to identify those cases in which the
pattas/leases/grants were awarded under proper authority. The assignees continue to be in
possession of the land and the term of the pattas/leases/grant is yet to expire.
2.2 In all those cases, where pattas/leases/grants were given by the State Government
Departments to Scheduled Tribes or rural poor either individually or collectively, such
pattas/leases/grants should be honoured and inter-departmental disputes should not affect the
rights of the leases provided they are in physical possession of the land, and term of the
patta/lease/grant has not yet expired. These cases should be examined by district level
committees consisting of D.F.O., S.D.O. Revenue Department, a representative of Tribal
Welfare Department. The disputes should be resolved at the district level wherever it is
possible, or after obtaining suitable orders of the State/UT Government or the Government of
India (if the provisions of the Forest (Conservation) Act, 1980 are attracted), as the case may
be.
2.3 Lease of a period prior to 25.10.1980 which were granted to the Scheduled Tribes or
to other rural poor for agro-forestry, tree plantation or alike but could not be renewed, despite
the State/UT Government’s intention to do so, on account of enactment of the Forest
(Conservation) Act, 1980 should be examined expeditiously. Wherever the State/UT
Government’s desire to continue the leases proposals should be submitted to this Ministry, in
the prescribed manner, for seeking prior approval under the Forest (Conservation) Act, 1980.
Pending final decision the lessees should not be dispossessed of the land.

2a. In cases where Forest (Conservation) Act is attracted proposals for denotification of
forest land should be accompanied by proposals for compensatory afforestation.
 ANNEXURE- IV-D

Conversion of forest villages into revenue villages and settlement of other old
habitations

Forest villages, were set up in remote and inaccessible forest areas with a view to
provide uninterrupted man-power for forestry operations. Of late, they have lost much of
their significance owing to improved accessibility of such areas, expansion of human
habitations and similar other reasons. Accordingly, some of the States converted forest
villages into revenue villages well before 1980. Nevertheless there still exist between 2500
to 3000 forest villages in the country. Besides, some cases of other types of habitations e.g.
unauthorised houses/homesteads, dwellings of tribals who have been living in them in
virtually pre-agrarian life styles, are suspected to exist in forest lands even though these may
not have been recognised either as revenue villages or forest villages.
2. In March, 1984, the them Ministry of Agriculture suggested to the State/UT Govts.
that they may confer heritable and inalienable rights on forest villagers if they were in
occupation of land for more than 20 years. But this suggestion does not seem to have been
fully implemented. Development of forest villages has also been addressed to in the National
Forest Policy, 1988 which states that these should be developed on par with revenue villages.
This issue was again examined by an inter-Ministerial Committee, set up this Ministry to
look into various aspects of tribal-forest-interface, in consultation with representatives of
some of the States.
3. Although the forest villagers have lived in harmony with their surrounding forests and
the concept of forest villages prove an effective arrangement for sustained supply of man-
power, yet it would not be appropriate to deny them legitimate rights over such lands which
were allotted to them decades ago for settlement and have been continuously under their
occupation since then. Keeping this aspect and the recommendations of the inter-Ministerial
Committee in view, the following measures are suggested to resolve the outstanding issues of
forest villages and other types of habitations existing in forest lands.

3.1 Forest Villages

Forest villages may be converted into revenue villages after denotifying requisite land
as forest. Proposals seeking prior approval of Government of India for this purpose under the
Forest (Conservation) Act, 1980 may be submitted expeditiously. While converting these
villages into Revenue Villages, the following principles may be adhered to:

(i) (i) the villagers are conferred heritable but inalienable rights;
(ii) (ii) administration of these and other Revenue Villages enclaved in forest areas
should preferably be entrusted to the State Forest Departments.

3.2 Other habitations

(a) (a) Habitations other than Forest Villages may be grouped into the following
categories:
(i) (i) Cases where dwelling belong to persons who have encroached on
forest land for cultivation.
(ii) (ii) Dwellings of other persons who have been living therein since past
without encroaching on forest land for cultivation but their habitations are
neither recognised as Revenue Villages nor Forest Villages.
(b) (b) Each case may be examined on its merits. Suggestions for resolving the cases
are given below:-

(i) (i) In case of category (a)(i) above wherever encroachments for

agricultural cultivation are regularised, the house sites and homesteads, too,
may be regularised either in-situ or as near to the agricultural field as possible
subject to certain safe-guards in the interest of forest protection and
“eligibility” criteria as may be e evolved by the State Government.
(ii) (ii) In case of category (a)(ii) above, certain specific habitations, more
than 25 years old, involving sizeable group of families, may be examined, case
by case, on merits for their amicable settlement.
(iii) (iii) Scheduled Tribes and rural poor not covered under (i) and (ii) above
should be resettled in non-forest Government land.
(iv) (iv) All other unauthorised habitations must be evicted.
(v) (v) Wherever provisions of Forest (Conservation) Act, 1980 are attracted,
comprehensive proposals may please be submitted for seeking prior approval
of this Ministry It may kindly be noted that such proposals will be considered
only when the State/UT Govt. ensure that all the measures are taken
simultaneously and effectively and are accompanied with proposals for
compensatory afforestation.
 ANNEXURE-V

GUIDELINES FOR LAYING TRANSMISSION LINES THROUGH FOREST AREAS

1. Where routing of transmission lines through the forest areas can not be avoided, these
should be aligned in such a way that it involves the least amount of tree cutting.
2. As far as possible, the route alignment through forest areas should not have any line
deviation.
3. (i) The maximum width of right of way for the transmission lines on forest land
shall be as follows:
Transmission Voltage (KV) Width of Right of Way (Mts)
11 7
33 15
66 18
110 22
132 27
220 35
400 52
800 85
(ii) Below each conductor, width clearance of 3 mts. would be permitted for
taking the tension stringing equipment. The trees on such strips would have to be
felled but after stringing work is completed, the natural regeneration will be allowed
to come up. Felling/pollarding/pruning of trees will be done with the permission of
the local forest officer whenever necessary to maintain the electrical clearance. One
outer strip shall be left clear to permit maintenance of the transmission line.
(iii) In the remaining width the right of way up to a maximum of 85 metres (for
800 KV lines) trees will be felled or lopped to the extent required, for preventing
electrical hazards by maintaining the following:
Voltage (KV) Minimum clearance between
conductors and trees (Mts)
11 2.6
33 2.8
66 3.4
110 3.7
132 4.0
220 4.6
400 5.5
The sag and swing of the conductors are to be kept in view while working out the
minimum clearance mentioned as above.
(iv) In the case of transmission lines to be constructed in hilly areas, where
adequate clearance is already available, trees will not be cut.
4. Where the forest growth consists of coconut groves or similar tall trees, widths of
right of way greater than those indicated at Sl. No.3 may be permitted in consultation
with the CEA.
 ANNEXURE-VI (a)

CATEGORY OF PROPOSALS FOR WHICH

COST-BENEFIT ANALYSIS IS APPLICABLE

Sl.No Nature of Proposal Applicable/not Remarks

applicable
1. All categories of proposals Not applicable These proposals are to be
involving forest land up to considered on case by case
20 hectares in plains and up basis and value judgement.
to 5 hectares in hills.
2. Proposal for defence Not applicable In view of National
installation purposes and oil Priority accorded to these
prospecting (prospecting sectors, the proposals
only) would be critically
assessed to help ascertain
that the utmost minimum
forest land above is
diverted for non-forest use.
3. Habitation, establishment of Not applicable These activities being
industrial units, tourist detrimental to protection
lodges/complex and other and conservation of forest,
building construction as a matter of policy, such
proposals would be rarely
entertained.
4. All other proposals Applicable These are cases where a
involving forest land more cost-benefit analysis is
than 20 hectares in plains necessary to determine
and more than 5 ha. in hills when diverting the forest
including roads, land to non-forest use is in
transmission lines, minor, the overall public interests.
medium and major
irrigation projects, hydel
projects mining activity,
railway lines, location
specific installations like
micro-wave stations, auto
repeater centres, T.V.
towers etc.
 ANNEXURE-VI (b)

PARAMETERS FOR EVALUATION OF LOSS OF FORESTS

Sl.NoParameters Roads, Tr. Minor irrigation Medium & major

Lines & projects, irrigation, hydro
Railway lines quarrying of electric, large
stones/ metals mining & other
misc. projects.
1. Loss of value of To be quantified To be quantified & To be quantified &
timber, fuelwood and & expressed in expressed in expressed in
minor forest produce monetary terms. monetary terms. monetary terms.
on an annual basis,
including loss of man-
hours per annum of
people who derived
livelihood and wages
from the harvest of
these commodities.
2. Loss of animal -do- -do- -do-
husbandry
productivity, including
loss of fodder
3. Cost of human -do- -do- -do-
resettlement
4. Loss of public facilities -do- -do- -do-
and administrative
infrastructure (Roads,
building, schools,
dispensaries, electric
lines, railways etc.) on
forest land, or which
would require forest
land if these facilities
were diverted due to
the project.
5. Environmental losses: Though technical judgement would be primarily applied in
(soil erosion, effect on determining the losses, as a thumb rule the environmental
hydrological cycle, value of one hectare of fully stocked forest (density 1.0)
wildlife habitat, would be taken as Rs. 126.74 lakhs* to accrue over a period
microclimate upsetting of 50 years. The value will reduce with density, for example,
of ecological balance). if density is 0.4, the value will work out at Rs. 50.696 lakhs.
So if a project which requires disforestation of 1 hectare of
forest of density 0.4 gives monetary returns worth over Rs.
50.696 lakhs over a period of 50 years, may be considered to
give a positive cost benefit ratio. The figure of assumed
environmental value will change if there is an increase in
bank rate; the change will be proportional to percentage
increase in the bank rate.
6. Suffering to oustees. The social cost of rehabilitation of an oustee (in addition to
the cost likely to be incurred in providing residence,
occupation and social services to him) be worked out as 1.5
times of what he should have earned in two years had he
been not shifted.
 ANNEXURE-VI (c)

Parameters for Evaluation of Benefit, notwithstanding Loss of Forests

Sl.No Parameters Nature of Proposal

Roads, Tr. Minor projects Irrigation/ hydel
Lines& Railway projects &
lines Others.
1. Increase in To be quantified To be quantified & To be quantified &
productivity & expressed in expressed in expressed in
attributable to the monetary terms. monetary terms. monetary terms.
specific project
2. Benefits to economy Value judgement -do- -do-
3. No. of population -do- Value judgement Value judgement
benefited.
4. Employment -do- -do- -do-
potential
5. Cost of acquisition To be quantified To be quantified & To be quantified &
of facility on non- & expressed in expressed in expressed in
forest land wherever monetary terms. monetary terms. monetary terms.
feasible
6. Loss of (a) To be quantified To be quantified & To be quantified &
agriculture & (b) & expressed in expressed in expressed in
animal husbandry monetary terms. monetary terms. monetary terms.
production due to
diversion of forest
land
7. Cost of To be quantified To be quantified & To be quantified &
rehabilitating the & expressed in expressed in expressed in
displaced persons as monetary terms. monetary terms. monetary terms.
different from
compensatory
amounts given for
displacement
8. Cost of supply of To be quantified To be quantified & To be quantified &
free fuel-wood to & expressed in expressed in expressed in
workers residing in monetary terms. monetary terms. monetary terms.
or near forest area
during the period of
construction.
 ANNEXURE – VII

PROFORMA FOR FURNISHING STATE/DISTRICT PROFILE

1. 1. STATE/UT: _______________________
2. 2. PERIOD: 25.10.1980 TO 01.01.20___

S.N. Name of Forest Cover Clearances under the Act so far

District (ha.)
Forest land diverted No. of proposals
(ha.)

1 2 3 4 5

Total

Purpose of diversion Compensatory a

Hydel Irrigation Mining Road/Railway Thermal/Transmission Others Stipulated
lines
Area No. Area No. Area No. Area No. Area No. Area No. Non- Degrade
forest forest
land land
6 7 8 9 10 11 12 13 14 15 16 17 18 19
 ANNEXURE – VIII

GUIDELINES FOR PARTICIPATION OF PRIVATE SECTOR

THROUGH INVOLVEMENT OF NGOs & FOREST DEPARTMENT
IN AFFORESTATION/REHABILITATION OF DEGRADED FOREST

PREAMBLE

Our National Forest Policy of 1988 envisages that one third of the geographical area
of the country should be under forest/tree cover. The total recorded forest area in the country
is about 23% of the geographical area. According to the State of Forest Report, 1997, the
actual forest cover in the country is only about 19.27%. It has been further estimated by
Forest Survey of India that out of this 19.27% only 11.17% is dense forest i.e. having density
of more than 40%. About 7.95 (2.61310 sq. km) of the geographic area is open forest i.e.
having density less than 10%. This degraded forest needs urgent attention and sufficient
monetary input so that it is rehabilitated and fully covered. These forest areas were endowed
with rich biological diversity and should be our immediate concern to rejuvenate at the
earliest.

The Ministry is greatly concerned over the slow rate of afforestation owing to
financial and other constraints. The afforestation has gone down from about 89,000 sq. km in
the VII Five-Year Plan to about 70,000 sq. km in the VIII Plan. Even if it is presumed that
there will be no further degradation of forest areas it will take more than 25 years to restock
the degraded forest areas. Even if we take a conservative norm of Rs.20,000 per hectare
cost it will require a budgetary allocation of more than Rs.600 billions to rehabilitate them.

It is, therefore clear that ministry is not in a position even to restore the existing
degraded forests from the available resources :- leaving aside the goal of increasing the
forest cover to 33% of the geographical area by afforestation.

It therefore requires some innovative policy decision wherein without compromising

the basic provisions of our forest policy we can attain the goal. One of the proposals received
from the Govt. of Maharashtra under the Forest (Conservation) Act, 1980 appears to be
aimed in that direction. It has been proposed by the Govt. that about 100 ha of degraded
forest land near Thane will be afforested/rehabilitated by BAIF an NGO through funding
from NOCIL in consultation/guidance of the local Forest Department. It will be done
through an agreement signed between BAIF-NOCIL and the State Government. BAIF-
NOCIL will have no rights over the land or the usufruct at anytime thereafter whatsoever.

It has been observed that a large number of like minded industrial houses are willing
to join hands in this green movement through NGOs and under the supervision and guidance
of the forest department voluntarily without any rights whatsoever on the forest land or the
usufruct. The executing NGO will work over the land for a time till the plantations/tree
cover gets established.

GUIDELINES

The Ministry, therefore after due consideration has taken a decision to encourage this
joint participation of Industrial houses, NGOs and Forest department in order to
rehabilitate/reforest the vast degraded forest in the country. This will not only result in
greening of the nation but will also result in employment generation. However, in order to
have a clarity on the method and procedures. Ministry is issuing following guidelines.

1. There must be tri-partite agreement between the industrial house, an acceptable NGO
of repute and the local Forest Department.
2. The agreement must have the commitment of the industrial house to bear the cost of
the scheme: of the NGO to faithfully implement the scheme under the supervision and
direction of the Forest Department.
3. The industrial house and the NGO will not claim any right whatsoever over the forest
land or the produce anytime thereafter.
4. The rights of local people if any, over the forest land will not be affected by this
agreement.
5. The agreement will be for a period of say 5 to 7 years during which the area is likely
to be tackled including maintenance.
6. The scheme should be prepared in such a way so that naturally occurring species
should be given priority in the rehabilitation and even plantations should be of local
native species.
7. Only such forest lands that are less than 0.4 density and that cannot be regenerated
with natural regeneration should be taken up under this scheme.
8. Any other condition that State Forest Departments considers essential to fulfill
objectives and preamble of these guidelines.
 ANNEXURE - IX

Guidelines for preparation of Cluster Mining Proposals

1. 1. Cluster proposal may be prepared for such leases, which have contiguous
boundaries.
2. 2. All the existing mines proposals/fresh proposals in pipeline be included in
that including non-forest lands, if within.
3. 3. States will take individual proposals from different lessees in the proforma
with relevant documents.
4. 4. However, with covering letter, a comparative statement of all mines with area
and other details be given and all leases with boundaries be shown on one map.
5. 5. Even existing approved leases be included in the proposal so that they can be
brought to the same time frame.
6. 6. The condition of compensatory afforestation will apply on the basis of each
individual lease rather than on pro-rata basis.
7. 7. The safety zone shall be at the outer boundary of the cluster and condition of
safety zone will apply on pro-rata basis.

This is to further clarify that where existing forest roads outside the lease areas/cluster are
being used by lessees for transporting mined minerals, it is not desirable to insist inclusion of
such forest areas in the lease proposal unless a new road is proposed for such lease or cluster.
The State Governments should rather permit its use on the terms and conditions to be decided
by the State Government.
 ANNEXURE - XI

Proforma for Site Inspections Reports by Regional Offices

1. Legal status of the forest land proposed for diversion.

2. Itemwise break-up details of the forest land proposed for diversion.
3. Whether proposal involves any construction of buildings (including residential) or
not. If yes, details thereof.
4. Total cost of the project at present rates.
5. 5. Wildlife:-
Whether forest area proposed for diversion is important from wildlife point of view or
not.
6. 6. Vegetation:-
Total number of trees to be felled.
Effect of removal of trees on the general ecosystem in the area.

Important species:-
Number of trees to be felled of girth below 60 cm.
Number of trees to be felled of girth above 60 cm.
7. Background note on the proposal.
8. Compensatory afforestation:-
Whether land for compensatory afforestation is suitable from plantation and
management point of view or not.
Whether land for compensatory afforestation is free from encroachments/other
encumbrances.
Whether land for compensatory afforestation is important from
Religious/Archaeological point of view.
Land Identified for raising compensatory afforestation is in how many patches,
whether patches are compact or not.
Map with details.
Total financial outlay.
9. Whether proposal involves violation of Forest (Conservation) Act, 1980 or not. If
yes, a detailed report on violation including action taken against the concerned
officials.
10. Whether proposal involves rehabilitation of displaced persons. If yes, whether
rehabilitation plan has been prepared by the State Government or not.
Details be furnished specifically if rehabilitation plan would affect any other forest
area by translocating oustees in around the said forest.
11. Reclamation plan: Details and financial allocation.
12. Details on catchment and command area under the project. Catchment area treatment
plan to prevent siltation of reservoir
13. Cost benefit ratio.
14. Recommendations of the Principal Chief Conservator of Forests/State Government.
15. Recommendations of Regional Chief Conservator of Forests alongwith detailed
reasons.
16. Regional Chief Conservator of Forests shall give detailed comments on whether there
are any alternatives routes/alignment for locating the project on the non-forest land.
17. Utility of the project.
Numbers of Scheduled caste/Scheduled Tribes to be benefited by the project.
18. Whether land being diverted has any socio-cultural/religious value.
Whether any scared grove or very old growth trees/forests exist in the areas proposed
for diversion.
Whether the land under diversion forms part of any unique eco-system.
19. Situation w.r.t. any P.A.
20. Any other information relating to the project.
 A COMPREHENSIVE

HANDBOOK

OF

Forest (Conservation) Act, 1980

Forest (Conservation) Rules, 2003

Guidelines & Clarifications

(Revised as on 20th October,2003)

Ministry of Environment & Forests

New Delhi
 THE ENVIRONMENT
(PROTECTION) ACT, 1986

(Act No.29 of 1986)

 The Environment (Protection) Act, 1986 267

THE ENVIRONMENT (PROTECTION) ACT, 1986

No. 29 OF 1986
[23rd May, 1986.]

An Act to provide for the protection and improvement of environment and for
matters connected there with:

WHEREAS the decisions were taken at the United Nations Conference on the
Human Environment held at Stockholm in June, 1972, in which India participated, to take
appropriate steps for the protection and improvement of human environment;

AND WHEREAS it is considered necessary further to implement the decisions

aforesaid in so far as they relate to the protection and improvement of environment and
the prevention of hazards to human beings, other living creatures, plants and property;

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India

as follows:-

CHAPTER I
PRELIMINARY

1. SHORT TITLE, EXTENT AND COMMENCEMENT.-

(1) This Act may be called the Environment (Protection) Act, 1986.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be appointed for
different provisions of this Act and for different areas1.
2.DEFINITIONS.-

In this Act, unless the context otherwise requires,--

(a) "environment" includes water, air and land and the inter- relationship
which exists among and between water, air and land, and human beings, other
living creatures, plants, micro-organism and property;

1
It came into force in the whole of India on 19th November, 1986 vide Notification No. G.S.R. 1198(E) dated 12-11-86
published in the Gazette of India No. 525 dated 12-11-86.
268 The Environment (Protection) Act, 1986 Act 29 of 1986

(b) "environmental pollutant" means any solid, liquid or gaseous

substance present in such concentration as may be, or tend to be, injurious to
environment;

(c) "environmental pollution" means the presence in the environment of

any environmental pollutant;

(d) "handling", in relation to any substance, means the manufacture,

processing, treatment, package, storage, transportation, use, collection,
destruction, conversion, offering for sale, transfer or the like of such substance;

(e) "hazardous substance" means any substance or preparation which, by

reason of its chemical or physico-chemical properties or handling, is liable to
cause harm to human beings, other living creatures, plant, micro-organism,
property or the environment;

(f) "occupier", in relation to any factory or premises, means a person who

has, control over the affairs of the factory or the premises and includes in relation
to any substance, the person in possession of the substance;

(g) "prescribed" means prescribed by rules made under this Act.

CHAPTER II
GENERAL POWERS OF THE CENTRAL GOVERNMENT

3. POWER OF CENTRAL GOVERNMENT TO TAKE MEASURES TO

PROTECT AND IMPROVE ENVIRONMENT.-

(1) Subject to the provisions of this Act, the Central Government, shall have the
power to take all such measures as it deems necessary or expedient for the purpose of
protecting and improving the quality of the environment and preventing controlling and
abating environmental pollution.

(2) In particular, and without prejudice to the generality of the provisions of

sub-section (1), such measures may include measures with respect to all or any of the
following matters, namely:--

(i) co-ordination of actions by the State Governments, officers and other

authorities--
Act 29 of 1986 The Environment (Protection) Act, 1986 269

(a) under this Act, or the rules made thereunder, or

(b) under any other law for the time being in force which is relatable to
the objects of this Act;

(ii) planning and execution of a nation-wide programme for the

prevention, control and abatement of environmental pollution;

(iii) laying down standards for the quality of environment in its various
aspects;

(iv) laying down standards for emission or discharge of environmental

pollutants from various sources whatsoever:

Provided that different standards for emission or discharge may be laid

down under this clause from different sources having regard to the quality or
composition of the emission or discharge of environmental pollutants from such
sources;

(v) restriction of areas in which any industries, operations or processes or

class of industries, operations or processes shall not be carried out or shall be
carried out subject to certain safeguards;

(vi) laying down procedures and safeguards for the prevention of

accidents which may cause environmental pollution and remedial measures for
such accidents;

(vii) laying down procedures and safeguards for the handling of

hazardous substances;

(viii) examination of such manufacturing processes, materials and

substances as are likely to cause environmental pollution;

(ix) carrying out and sponsoring investigations and research relating to

problems of environmental pollution;

(x) inspection of any premises, plant, equipment, machinery,

manufacturing or other processes, materials or substances and giving, by order,
of such directions to such authorities, officers or persons as it may consider
necessary to take steps for the prevention, control and abatement of
environmental pollution;
270 The Environment (Protection) Act, 1986 Act 29 of 1986

(xi) establishment or recognition of environmental laboratories and

institutes to carry out the functions entrusted to such environmental laboratories
and institutes under this Act;

(xii) collection and dissemination of information in respect of matters

relating to environmental pollution;

(xiii) preparation of manuals, codes or guides relating to the prevention,

control and abatement of environmental pollution;

(xiv) such other matters as the Central Government deems necessary or

expedient for the purpose of securing the effective implementation of the
provisions of this Act.

(3) The Central Government may, if it considers it necessary or expedient so to

do for the purpose of this Act, by order, published in the Official Gazette, constitute an
authority or authorities by such name or names as may be specified in the order for the
purpose of exercising and performing such of the powers and functions (including the
power to issue directions under section 5) of the Central Government under this Act and
for taking measures with respect to such of the matters referred to in sub-section (2) as
may be mentioned in the order and subject to the supervision and control of the Central
Government and the provisions of such order, such authority or authorities may exercise
the powers or perform the functions or take the measures so mentioned in the order as if
such authority or authorities had been empowered by this Act to exercise those powers or
perform those functions or take such measures.

4. APPOINTMENT OF OFFICERS AND THEIR POWERS AND FUNCTIONS.-

(1) Without prejudice to the provisions of sub-section (3) of section 3, the Central
Government may appoint officers with such designation as it thinks fit for the purposes of
this Act and may entrust to them such of the powers and functions under this Act as it
may deem fit.

(2) The officers appointed under sub-section (1) shall be subject to the general
control and direction of the Central Government or, if so directed by that Government,
also of the authority or authorities, if any, constituted under sub- section (3) of section 3
or of any other authority or officer.
 Act 29 of 1986 The Environment (Protection) Act, 1986 271

5. POWER TO GIVE DIRECTIONS.-

Notwithstanding anything contained in any other law but subject to the
provisions of this Act, the Central Government may1, in the exercise of its powers and
performance of its functions under this Act, issue directions in writing to any person,
officer or any authority and such person, officer or authority shall be bound to comply
with such directions2

Explanation--For the avoidance of doubts, it is hereby declared that the power to issue
directions under this section includes the power to direct--
(a) the closure, prohibition or regulation of any industry, operation or process; or
(b) stoppage or regulation of the supply of electricity or water or any other
service.
6. RULES TO REGULATE ENVIRONMENTAL POLLUTION.-
(1) The Central Government may, by notification in the Official Gazette, make
rules in respect of all or any of the matters referred to in section 3.

(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:--
(a) the standards of quality of air, water or soil for various areas and
purposes;3
(b) the maximum allowable limits of concentration of various
environmental pollutants (including noise) for different areas;

1
The Central Government has delegated the powers vested in it under section 5 of the Act to the State Governments
of Andhra Pradesh, Assam, Bihar, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh,
Mizoram, Orissa, Rajasthan, Sikkim and Tamil Nadu subject to the condition that the Central Government may
revoke such delegation of Powers in respect of all or any one or more of the State Governments or may itself invoke
the provisions of section 5 of the Act, if in the opinion of the Central Government such a course of action is
necessary in public interest, (Notification No, S.O. 152 (E) dated 10-2-88 published in Gazette No. 54 of the same
date). These Powers have been delegated to the following State Governments also on the same terms:
Meghalaya, Punjab and Uttar Pradesh vide Notification No. S.0.389 (E) dated 14-4-88 published in the Gazette No.
205 dated 14-4-88; Maharashtra vide Notification No. S.O. 488(E) dated 17-5-88 published in the Gazette No. 255
dated 17-5-88; Goa and Jammu & Kashmir vide Notification No. S.O. 881 (E) dated 22-9-88; published in the
Gazette No. 749 dated 22.9.88 West Bengal Manipur vide Notification N. S.O. 408 (E) dated 6-6-89; published in
the Gazette No. 319 dated 6-6-89; Tripura vide Notification No. S.O. 479 (E) dated 25-7-91 published in the Gazette
No. 414 dated 25-7-91.
2
For issuing directions see r.4 of Environment (Protection) Rules, 1986.
3
See r. 3 of Environment (Protection) Rules, 1986 and Schedules thereto.
i. Schedule I lists the standards for emission or discharge of environmental pollutants from the industries,
processes or operations and their maximum allowable limits of concentration;
ii. Schedule II lists general standards for discharge of effluents and their maximum limits of concentration
allowable (Schedule II omitted by G.S.R.801(E), dated 31.12.1993.)
iii. Schedule III lists ambient air quality standards in respect of noise and its maximum allowable limits; and
iv. Schedule IV lists standards for emission of smoke, vapour etc. from motor vehicles and maximum allowable
limits of their emission.
v. Schedule V – furnishing of information to authorities and agencies. Schedule II re-numbered as Schedule V
vide G.S.R.422(E), dated 19.5.1993.
vi. Schedule VI – inserted vide GSR422(E), dated 19.5.1993 for General Standards for discharge of Environmental
Pollutants,
vii. Schedule VII – inserted vide GSR176 (E), dated 2.4.1996.for National Ambient Air Quality Standards,
272 The Environment (Protection) Act, 1986 Act 29 of 1986

(c) the procedures and safeguards for the handling of hazardous

substances;1

(d) the prohibition and restrictions on the handling of hazardous

substances in different areas;2

(e) the prohibition and restriction on the location of industries and the
carrying on process and operations in different areas;3

(f) the procedures and safeguards for the prevention of accidents which
may cause environmental pollution and for providing for remedial measures for
such accidents.4

CHAPTER III

PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL

POLLUTION

7. PERSONS CARRYING ON INDUSTRY OPERATION, ETC., NOT TO

ALLOW EMISSION OR DISCHARGE OF ENVIRONMENTAL POLLUTANTS
IN EXCESS OF THE STANDARDS.-

No person carrying on any industry, operation or process shall discharge or emit

or permit to be discharged or emitted any environmental pollutants in excess of such
standards as may be prescribed5.

8. PERSONS HANDLING HAZARDOUS SUBSTANCES TO COMPLY WITH

PROCEDURAL SAFEGUARDS.-

No person shall handle or cause to be handled any hazardous substance except in

accordance with such procedure and after complying with such safeguards as may be
prescribed1.

1
See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008;
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically/Engineered
Organisms or Cells Rules, 1989
2
Rule 13 SUPRA
3
See r. 5 of Environment (Protection) Rules, 1986.
4
See r. 12 of Environment (Protection) Rules and Schedule V (Schedule II renumbered as Schedule V), and relevant
provisions of Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008,
Manufacture, Storage and Import of Hazardous Chemicals Rules and Manufacture, Use, Import Export and Storage
of hazardous Micro-organisms, Genetically Engineered Organisms or Cells Rules, 1989.
5
See r. 3 of Environment (Protection) Rules, 1986 and Schedule I.
Act 29 of 1986 The Environment (Protection) Act, 1986 273

9. FURNISHING OF INFORMATION TO AUTHORITIES AND AGENCIES IN

CERTAIN CASES.-

(1) Where the discharge of any environmental pollutant in excess of the

prescribed standards occurs or is apprehended to occur due to any accident or other
unforeseen act or event, the person responsible for such discharge and the person in
charge of the place at which such discharge occurs or is apprehended to occur shall be
bound to prevent or mitigate the environmental pollution caused as a result of such
discharge and shall also forthwith--

(a) intimate the fact of such occurrence or apprehension of such occurrence; and

(b) be bound, if called upon, to render all assistance, to such authorities or

agencies as may be prescribed1

(2) On receipt of information with respect to the fact or apprehension of any

occurrence of the nature referred to in sub-section (1), whether through intimation under
that sub-section or otherwise, the authorities or agencies referred to in sub-section (1)
shall, as early as practicable, cause such remedial measures to be taken as are necessary
to prevent or mitigate the environmental pollution.

(3) The expenses, if any, incurred by any authority or agency with respect to the
remedial measures referred to in sub-section (2), together with interest (at such
reasonable rate as the Government may, by order, fix) from the date when a demand for
the expenses is made until it is paid, may be recovered by such authority or agency from
the person concerned as arrears of land revenue or of public demand.

10. POWERS OF ENTRY AND INSPECTION.-

(1) Subject to the provisions of this section, any person empowered by the
Central Government in this behalf2 shall have a right to enter, at all reasonable times with
such assistance as he considers necessary, any place—

(a) for the purpose of performing any of the functions of the Central Government
entrusted to him;

(b) for the purpose of determining whether and if so in what manner, any such
functions are to be performed or whether any provisions of this Act or the rules
made thereunder or any notice, order, direction or authorisation served, made,
given or granted under this Act is being or has been complied with;

1
For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule V (Schedule II re-
numbered as Schedule V).
2
The Central Govt. has empowered 64 persons listed in the Table of Notification No.S.O. 83 (E) published in the
Gazette of India No. 66 dated 16-2-87.
274 The Environment (Protection) Act, 1986 Act 29 of 1986

(c) for the purpose of examining and testing any equipment, industrial plant,
record, register, document or any other material object or for conducting a search
of any building in which he has reason to believe that an offence under this Act
or the rules made thereunder has been or is being or is about to be committed and
for seizing any such equipment, industrial plant, record, register, document or
other material object if he has reason to believe that it may furnish evidence of
the commission of an offence punishable under this Act or the rules made
thereunder or that such seizure is necessary to prevent or mitigate environmental
pollution.

(2) Every person carrying on any industry, operation or process of handling any
hazardous substance shall be bound to render all assistance to the person empowered by
the Central Government under sub-section (1) for carrying out the functions under that
sub-section and if he fails to do so without any reasonable cause or excuse, he shall be
guilty of an offence under this Act.

(3) If any person willfully delays or obstructs any persons empowered by the
Central Government under sub-section (1) in the performance of his functions, he shall be
guilty of an offence under this Act.

(4) The provisions of the Code of Criminal Procedure, 1973, or, in relation to the
State of Jammu and Kashmir, or an area in which that Code is not in force, the provisions
of any corresponding law in force in that State or area shall, so far as may be, apply to
any search or seizures under this section as they apply to any search or seizure made
under the authority of a warrant issued under section 94 of the said Code or as the case
may be, under the corresponding provision of the said law.

11. POWER TO TAKE SAMPLE AND PROCEDURE TO BE FOLLOWED IN

CONNECTION THEREWITH.-

(1) The Central Government or any officer empowered by it in this behalf1, shall
have power to take, for the purpose of analysis, samples of air, water, soil or other
substance from any factory, premises or other place in such manner as may be
prescribed.2

(2) The result of any analysis of a sample taken under sub-section (1) shall not be
admissible in evidence in any legal proceeding unless the provisions of sub-sections (3)
and (4) are complied with.

(3) Subject to the provisions of sub-section (4), the person taking the sample
under sub-section (1) shall--

1
In exercise of powers conferred under sub-section (i) of section 11 the Central Government has empowered 64
officers listed in the Table vide S.O. 84. (E) published in the Gazette No. 66 dated 16-2-87
2
For procedure for taking samples see r. 6 of Environment (Protection) Rules, 1986, also
 The Environment (Protection) Act, 1986 275
Act 29 of 1986

(a) serve on the occupier or his agent or person in charge of the place, a
notice, then and there, in such form as may be prescribed, of his intention to have
it so analysed;
(b) in the presence of the occupier or his agent or person, collect a
sample for analysis;
(c) cause the sample to be placed in a container or containers which shall
be marked and sealed and shall also be signed both by the person taking the
sample and the occupier or his agent or person;
(d) send without delay, the container or the containers to the laboratory
established or recognised by the Central Government under section 12.
(4) When a sample is taken for analysis under sub-section (1) and the person
taking the sample serves on the occupier or his agent or person, a notice under clause (a)
of sub-section (3), then,--

(a) in a case where the occupier, his agent or person wilfully absents
himself, the person taking the sample shall collect the sample for analysis to be
placed in a container or containers which shall be marked and sealed and shall
also be signed by the person taking the sample, and
(b) in a case where the occupier or his agent or person present at the time
of taking the sample refuses to sign the marked and sealed container or
containers of the sample as required under clause (c) of sub-section (3), the
marked and sealed container or containers shall be signed by the person taking
the samples, and the container or containers shall be sent without delay by the
person taking the sample for analysis to the laboratory established or recognised
under section 12 and such person shall inform the Government Analyst appointed
or recognised under section 13 in writing, about the wilfull absence of the
occupier or his agent or person, or, as the case may be, his refusal to sign the
container or containers.
12. ENVIRONMENTAL LABORATORIES.-
(1) The Central Government1 may, by notification in the Official Gazette,--
(a) establish one or more environmental laboratories;
(b) recognise one or more laboratories or institutes as environmental
laboratories to carry out the functions entrusted to an environmental laboratory
under this Act2.

1
The Central Government has delegated its powers under clause (b) of sub-section (i) of section 12 and section 13 of
the Act to the Central Pollution Control Board vide Notification No. S.O. 145 (E) dated 21-2-91 published in the
Gazette No. 128 dated 27-2-91
2
The list of laboratories/institutes recognised as environmental laboratories: and the persons recognised as Govt.
Analysts.
276 The Environment (Protection) Act, 1986 Act 29 of 1986

(2) The Central Government may, by notification in the Official Gazette, make
rules specifying--

(a) the functions of the environmental laboratory;1

(b) the procedure for the submission to the said laboratory of samples of
air, water, soil or other substance for analysis or tests, the form of the laboratory
report thereon and the fees payable for such report;2

(c) such other matters as may be necessary or expedient to enable that

laboratory to carry out its functions.

13. GOVERNMENT ANALYSTS.-

The Central Government may by notification in the Official Gazette, appoint or

recognise such persons as it thinks fit and having the prescribed qualifications 3 to be
Government Analysts for the purpose of analysis of samples of air, water, soil or other
substance sent for analysis to any environmental laboratory established or recognised
under sub-section (1) of section 12.

14. REPORTS OF GOVERNMENT ANALYSTS.-

Any document purporting to be a report signed by a Government analyst may be

used as evidence of the facts stated therein in any proceeding under this Act.

15. PENALTY FOR CONTRAVENTION OF THE PROVISIONS OF THE ACT

AND THE RULES, ORDERS AND DIRECTIONS.-

(1) Whoever fails to comply with or contravenes any of the provisions of this
Act, or the rules made or orders or directions issued thereunder, shall, in respect of each
such failure or contravention, be punishable with imprisonment for a term which may
extend to five years with fine which may extend to one lakh rupees, or with both, and in
case the failure or contravention continues, with additional fine which may extend to five
thousand rupees for every day during which such failure or contravention continues after
the conviction for the first such failure or contravention.

(2) If the failure or contravention referred to in sub-section (1) continues beyond

a period of one year after the date of conviction, the offender shall be punishable with
imprisonment for a term which may extend to seven years.

1
See r. 9 of Environment (Protection) Rules, 1986.
2
See r. 8 of Environment (Protection) Rules, 1986.
3
For qualifications of Govt. Analyst see r. 10 of Environment (Protection) Rules, 1986.
 Act 29 of 1986 The Environment (Protection) Act, 1986 277

16. OFFENCES BY COMPANIES.-

(1) Where any offence under this Act has been committed by a company, every
person who, at the time the offence was committed, was directly in charge of, and was
responsible to, the company for the conduct of the business of the company, as well as
the company, shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence

under this Act has been committed by a company and it is proved that the offence has
been committed with the consent or connivance of, or is attributable to any neglect on the
part of, any director, manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.

Explanation--For the purposes of this section,--

(a) "company" means any body corporate and includes a firm or other association
of individuals;

(b) "director", in relation to a firm, means a partner in the firm.

17. OFFENCES BY GOVERNMENT DEPARTMENTS.-

(1) Where an offence under this Act has been committed by any Department of
Government, the Head of the Department shall be deemed to be guilty of the offence and
shall be liable to be proceeded against and punished accordingly.

Provided that nothing contained in this section shall render such Head of the
Department liable to any punishment if he proves that the offence was committed without
his knowledge or that he exercise all due diligence to prevent the commission of such
offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence

under this Act has been committed by a Department of Government and it is proved that
the offence has been committed with the consent or connivance of, or is attributable to
any neglect on the part of, any officer, other than the Head of the Department, such
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
278 The Environment (Protection) Act, 1986 Act 29 of 1986

CHAPTER IV
MISCELLANEOUS

18. PROTECTION OF ACTION TAKEN IN GOOD FAITH.-

No suit, prosecution or other legal proceeding shall lie against the Government or
any officer or other employee of the Government or any authority constituted under this
Act or any member, officer or other employee of such authority in respect of anything
which is done or intended to be done in good faith in pursuance of this Act or the rules
made or orders or directions issued thereunder.

19. COGNIZANCE OF OFFENCES.-

No court shall take cognizance of any offence under this Act except on a
complaint made by--

(a) the Central Government or any authority or officer authorised in this

behalf by that Government1, or

(b) any person who has given notice of not less than sixty days, in the
manner prescribed, of the alleged offence and of his intention to make a
complaint, to the Central Government or the authority or officer authorised as
aforesaid.

20. INFORMATION, REPORTS OR RETURNS.-

The Central Government may, in relation to its function under this Act, from
time to time, require any person, officer, State Government or other authority to furnish
to it or any prescribed authority or officer any reports, returns, statistics, accounts and
other information and such person, officer, State Government or other authority shall be
bound to do so.

21. MEMBERS, OFFICERS AND EMPLOYEES OF THE AUTHORITY

CONSTITUTED UNDER SECTION 3 TO BE PUBLIC SERVANTS.-

All the members of the authority, constituted, if any, under section 3 and all
officers and other employees of such authority when acting or purporting to act in
pursuance of any provisions of this Act or the rules made or orders or directions issued
thereunder shall be deemed to be public servants within the meaning of section 21 of the
Indian Penal Code (45 of 1860).

1
In exercise of powers conferred under clause (a) of section l9, the Central Government has authorised the officers and
authorities listed in the Table of Notification No.S.O. 394 (E) published in the Gazette No. 185 dated 16-4-87, S.O.
237(E) published in the Gazette No. 171 dated 29-3-89 and S.O. 656(E) dated 21-8-89 published in the Gazette No. 519
dated 21-8-89, S.O.624(E), dated 3.9.1996 and G.S.R.587(E), dated 1.9.2006.
Act 29 of 1986 The Environment (Protection) Act, 1986 279

22. BAR OF JURISDICTION.-

No civil court shall have jurisdiction to entertain any suit or proceeding in respect
of anything done, action taken or order or direction issued by the Central Government or
any other authority or officer in pursuance of any power conferred by or in relation to its
or his functions under this Act.

23. POWERS TO DELEGATE.-

Without prejudice to the provisions of sub-section (3) of section 3, the Central

Government may, by notification in the Official Gazette, delegate, subject to such
conditions and limitations as may be specified in the notifications, such of its powers and
functions under this Act [except the powers to constitute an authority under sub-section
(3) of section 3 and to make rules under section 25] as it may deem necessary or
expedient, to any officer, State Government or other authority.

24. EFFECT OF OTHER LAWS.-

(1) Subject to the provisions of sub-section (2), the provisions of this Act and the
rules or orders made therein shall have effect notwithstanding anything inconsistent
therewith contained in any enactment other than this Act.

(2) Where any act or omission constitutes an offence punishable under this Act
and also under any other Act then the offender found guilty of such offence shall be liable
to be punished under the other Act and not under this Act.

25. POWER TO MAKE RULES.-

(1) The Central Government may, by notification in the Official Gazette, make
rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely--
(a) the standards in excess of which environmental pollutants shall not be
discharged or emitted under section 71;
(b) the procedure in accordance with and the safeguards in compliance
with which hazardous substances shall be handled or caused to be handled under
section 8;2

1
See Rule 3 of Environment (Protection) Rules, 1986 and Schedule-I.
2
See r. 13 of Environment (Protection) Rules, 1986, and
i. Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008
ii. Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; and
iii. Manufacture, Use, Import, Export and Storage of Hazardous Micro organisms, Genetically- engineered
organisms or Cells Rules, 1989.
280 The Environment (Protection) Act, 1986 Act 29 of 1986

(c) the authorities or agencies to which intimation of the fact of

occurrence or apprehension of occurrence of the discharge of any environmental
pollutant in excess of the prescribed standards shall be given and to whom all
assistance shall be bound to be rendered under sub-section (1) of section 9;1
(d) the manner in which samples of air, water, soil or other substance for
the purpose of analysis shall be taken under sub-section (1) of section 11;2
(e) the form in which notice of intention to have a sample analysed shall
be served under clause (a) of sub section (3) of section 11;3
(f) the functions of the environmental laboratories,4 the procedure for the
submission to such laboratories of samples of air, water, soil and other substances
for analysis or test;5 the form of laboratory report; the fees payable for such
report and other matters to enable such laboratories to carry out their functions
under sub-section (2) of section 12;
(g) the qualifications of Government Analyst appointed or recognised for
the purpose of analysis of samples of air, water, soil or other substances under
section 13;6
(h) the manner in which notice of the offence and of the intention to
make a complaint to the Central Government shall be given under clause (b) of
section 19;7
(i) the authority of officer to whom any reports, returns, statistics,
accounts and other information shall be furnished under section 20;
(j) any other matter which is required to be, or may be, prescribed.
26. RULES MADE UNDER THIS ACT TO BE LAID BEFORE PARLIAMENT.-
Every rule made under this Act shall be laid, as soon as may be after it is made,
before each House of Parliament, while it is in session, for a total period of thirty days
which may be comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have effect only in
such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that rule.

1
For authorities or agencies see r. 12 of Environment (Protection) Rules, 1986 and Schedule II.
2
See r.6 of Environment (Protection) Rules, 1986.
3
See r. 7 of Environment (Protection) Rules, 1986.
4
See r. 9 of Environment (Protection) Rules, 1986.
5
For the procedure for submission of samples to laboratories and the form of laboratory report see r. 8 of Environment
(Protection) Rules, 1986.
6
See r. 10 of Environment (Protection) Rules, 1986.
7
See r. 11 of Environment (protection) Rules, 1986.
 MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957
____________

ARRANGEMENT OF SECTIONS
____________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Declaration as to expediency of Union Control.
3. Definitions.

CHAPTER II
GENERAL RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS
4. Prospecting or mining operations to be under licence or lease.
4A. Termination of prospecting licences or mining leases.
5. Restrictions on the grant of prospecting licences or mining leases.
6. Maximum area for which a prospecting licence or mining lease may be granted.
7. Periods for which prospecting licences may be granted or renewed.
8. Periods for which mining leases may be granted or renewed.
8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic minerals.
9. Royalties in respect of mining leases.
9A. Dead rent to be paid by the lessee.
9B. District Mineral Foundation.
9C. National Mineral Exploration Trust.

CHAPTER III
PROCEDURE FOR OBTAINING, PROSPECTING LICENCES OR MINING LEASES IN RESPECT
OF LAND IN WHICH THE MINERALS VEST IN THE GOVERNMENT

10. Application for prospecting licences or mining leases.

10A. Rights of existing concession holders and applicants.
10B. Grant of mining lease in respect of notified minerals through auction.
10C. Grant of non-exclusive reconnaissance permits.
11. Grant of prospecting licence-cum-mining lease through auction in respect of minerals other than
notified minerals.
11A.Procedure in respect of coal or lignite.
11B. Power of Central Government to make rules for regulating atomic minerals specified under
Part B of First Schedule.
11C. Power of Central Government to amend First Schedule and Fourth Schedule.
12. Registers of prospecting licences and mining leases.
12A. Transfer of mineral concessions.

1
 CHAPTER IV
RULES FOR REGULATING THE GRANT OF PROSPECTING LICENCES AND MINING LEASES

SECTIONS
13. Power of Central Government to make rules in respect of minerals.
13A. Power of Central Government to make rules for grant of prospecting licences or mining leases
in respect of territorial waters or continental shelf of India.
14. [Sections 5 to 13] not to apply to minor minerals.
15. Power of State Governments to make rules in respect of minor minerals.
15A. Power of State Government to collect funds for District Mineral Foundation in case of minor
minerals.
16. Power to modify mining leases granted before 25th October, 1949.

CHAPTER V
SPECIAL POWERS OF CENTRAL GOVERNMENT TO UNDERTAKE PROSPECTING OR
MINING OPERATIONS IN CERTAIN CASES
17. Special powers of Central Government to undertake prospecting or mining operations in certain
lands.
17A. Reservation of areas for purposes of conservation.

CHAPTER VI
DEVELOPMENT OF MINERALS
18. Mineral development.
18A. Power to authorise Geological Survey of India, etc., to make investigation.

CHAPTER VII
MISCELLANEOUS
19. Prospecting licences and mining leases to be void if in contravention of Act.
20. Act and rules to apply to all renewals of prospecting licences and mining leases.
20A. Power of Central Government to issue directions.
21. Penalties.
22. Cognizance of offences.
23. Offences by companies.
23A. Compounding of offences.
23B. Power to search.
23C. Power of State Government to make rules for preventing illegal mining, transportation and
storage of minerals.
24. Power of entry and inspection.
24A. Rights and liabilities of a holder of prospecting licence or mining lease.
25. Recovery of certain sums as arrears of land revenue.
26. Delegation of powers.
27. Protection of action taken in good faith.
28. Rules and notifications to be laid before Parliament and certain rules to be approved by
Parliament.
29. Existing rules to continue.
30. Power of revision by Central Government.
30A. Special provisions relating to mining leases for coal granted before 25th October, 1949.

2
SECTIONS
30B. Constitution of Special Courts.
30C. Special Courts to have powers of Court of Session.
31. Relaxation of rules in special cases.
32. [Repealed].
33. Validation of certain acts and indemnity.
THE FIRST SCHEDULE.
THE SECOND SCHEDULE.
THE THIRD SCHEDULE.
THE FOURTH SCHEDULE.

3
 THE MINES AND MINERALS (DEVELOPMENT AND REGULATION) ACT, 1957
ACT NO. 67 OF 1957
[28th December, 1957.]
1
An Act to provide for the [development and regulation of mines and minerals] under the
control of the Union.
BE it enacted by Parliament in the Eighth Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.―(1) This Act may be called the Mines and Minerals
2
[(Development and Regulation)] Act, 1957.
(2) It extends to the whole of India.
(3) It shall come into force on such date3 as the Central Government may, by notification in the
Official Gazette, appoint.
2. Declaration as to expediency of Union Control.―It is hereby declared that it is expedient in the
public interest that the Union should take under its control the regulation of mines and the development
of minerals to the extent hereinafter provided.
3. Definitions.―In this Act, unless the context otherwise requires,―
4
[(a) “leased area” means the area specified in the mining lease within which mining operations
can be undertaken and includes the non-mineralised area required and approved for the activities
falling under the definition of mine as referred to in clause (i);
(aa) “minerals” includes all minerals except mineral oils;]
(b) “mineral oils” includes natural gas and petroleum;
(c) “mining lease” means a lease granted for the purpose of undertaking mining operations, and
includes a sub-lease granted for such purpose;
(d) “mining operations” means any operations undertaken for the purpose of winning any
mineral;
(e) “minor minerals” means building stones, gravel, ordinary clay, ordinary sand other than sand
used for prescribed purposes, and any other mineral which the Central Government may, by
notification in the Official Gazette, declare to be a minor mineral;
5
[(ea) “notified minerals” means any mineral specified in the Fourth Schedule;]
(f)”prescribed” means prescribed by rules made under this Act;
(g) “prospecting licence” means a licence granted for the purpose of undertaking prospecting
operations;
[(ga) “prospecting licence-cum-mining lease” means a two stage concession granted for the
4

purpose of undertaking prospecting operations followed by mining operations;]

(h) “prospecting operations” means any operations undertaken for the purpose of exploring,
locating or proving mineral deposit ; 6***

1. Subs. by Act 38 of 1999, s. 2, for “regulation of mines and the development of minerals” (w.e.f. 18-12-1999).
2. Subs. by s. 3, ibid., for “(Regulation and Development)” (w.e.f. 18-12-1999).
3. 1st June, 1958, vide notification No. G.S.R. 432, dated 29th May, 1958, see Gazette of India, Extraordinary, Part II, sec. 3(i).
4. Subs. by Act 25 of 2016, s. 2, for clause (a) (w.e.f. 6-5-2016).
5. Ins. by Act 10 of 2015, s. 2 (w.e.f. 12-1-2015).
6. The word “and” omitted by Act 38 of 1999, s. 4 (w.e.f. 18-12-1999).

4
 [(ha) “reconnaissance operations” means any operations undertaken for preliminary prospecting
1

of a mineral through regional, aerial, geophysical or geochemical surveys and geological mapping,
but does not include pitting, trenching, drilling (except drilling of boreholes on a grid specified from
time to time by the Central Government) or sub-surface excavation;
(hb) “reconnaissance permit” means a permit granted for the purpose of undertaking
reconnaissance operations; 2***]
[(hc) “Special Court” means a Court of Session designated as Special Court under
3

sub-section (1) of section 30B; and]

(i) the expressions, “mine” and “owner”, have the meaning assigned to them in the Mines Act,
1952 (35 of 1952).
CHAPTER II
GENERAL RESTRICTIONS ON UNDERTAKING PROSPECTING AND MINING OPERATIONS
4. Prospecting or mining operations to be under licence or lease.―(1) 4[No person shall
undertake any reconnaissance, prospecting or mining operations in any area, except under and in
accordance with the terms and conditions of a reconnaissance permit or of a prospecting licence or, as
the case may be, of a mining lease, granted under this Act and the rules made thereunder]:
Provided that nothing in this sub-section shall affect any prospecting or mining operations
undertaken in any area in accordance with terms and conditions of a prospecting licence or mining lease
granted before the commencement of this Act which is in force at such commencement:
5
[Provided further that nothing in this sub-section shall apply to any prospecting operations
undertaken by the Geological Survey of India, the Indian Bureau of Mines, 6[the Atomic Minerals
Directorate for Exploration and Research] of the Department of Atomic Energy of the Central
Government, the Directorates of Mining and Geology of any State Government (by whatever name
called), and the Mineral Exploration Corporation Limited., a Government company within the meaning
of 7[clause (45) of section 2 of the Companies Act, 2013 (18 of 2013), and any such entity that may be
notified for this purpose by the Central Government]:]
8
[Provided also that nothing in this sub-section shall apply to any mining lease (whether called
mining lease mining concession or by any other name) in force immediately before the commencement
of this Act in the Union territory of Goa, Daman and Diu.]
9
[(1A) No person shall transport or store or cause to be transported or stored any mineral otherwise
than in accordance with the provisions of this Act and the rules made thereunder.]
(2) 10[No reconnaissance permit, prospecting licence or mining lease] shall be granted otherwise than
in accordance with the provisions of this Act and the rules made thereunder.
5
[(3) Any State Government may, after prior consultation with the Central Government and in
accordance with the rule made under section 18, 11[undertake reconnaissance, prospecting or mining
operations with respect to any mineral specified in the First Schedule in any area within that State which
is not already held under any reconnaissance permit, prospecting licence or mining lease].]

1. Ins. by Act 38 of 1999, s. 4 (w.e.f. 18-12-1999).

2. The word “and” omitted by Act 10 of 2015, s. 2 (w.e.f. 12-1-2015).
3. Ins. by s. 2, ibid. (w.e.f. 12-1-2015).
4. Subs. by Act 38 of 1999, s. 5, for certain words (w.e.f. 18-12-1999).
5. Ins. by Act 37 of 1986, s. 2 (w.e.f. 10-2-1987).
6. Subs. by Act 38 of 1999, s. 5, for “the Atomic Minerals Division” (w.e.f. 18-12-1999).
7. Subs. by Act 10 of 2015, s. 3, for “section 617 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 12-1-2015).
8. Ins. by Act 16 of 1987, s. 14 (w.e.f. 1-10-1963).
9. Ins. by Act 38 of 1999, s. 5 (w.e.f. 18-12-1999).
10. Subs. by s. 5, ibid., for “No prospecting licence or mining lease” (w.e.f. 18-12-1999).
11. Subs. by s. 5, ibid., for certain words (w.e.f. 18-12-1999).

5
 1
[4A.Termination of prospecting licences or mining leases.―(1) Where the Central Government,
after consultation with the State Government, is of opinion that it is expedient in the interest of
regulation of mines and mineral development, preservation of natural environment, control of floods,
prevention of pollution, or to avoid danger to public health or communications or to ensure safety of
buildings, monuments or other structures or for conservation of mineral resources or for maintaining
safety in the mines or for such other purposes, as the Central Government may deem fit, it may request
the State Government to make a premature termination of a prospecting licence or mining lease in
respect of any mineral other than a minor mineral in any area or part thereof, and, on receipt of such
request, the State Government shall make an order making a premature termination of such prospecting
licence or mining lease with respect to the area or any part thereof.
(2) Where the State Government 2*** is of opinion that it is expedient in the interest of regulation of
mines and mineral development, preservation of natural environment, control of floods, prevention of
pollution or to avoid danger to public health or communications or to ensure safety of buildings,
monuments or other structures or for such other purposes, as the State Government may deem fit, it may,
by an order, in respect of any minor mineral, make premature termination of prospecting licence or
mining lease with respect to the area or any part thereof covered by such licence or lease.
3
[* * * * *]
(3) No order making a premature termination of a prospecting licence or mining lease shall be, made
except after giving the holder of the licence or lease a reasonable opportunity of being heard.
(4) Where the holder of a mining lease fails to undertake mining operations for a period of 4[two
years] after the date of execution of the lease or having commenced mining operations, has discontinued
the same for a period of 4[two years], the lease shall lapse on the expiry of the period of 4[two years]
from the date of execution of the lease or, as the case may be, discontinuance of the mining operations:
5
[Provided that the State Government may, on an application made by the holder of such lease before
it lapses and on being satisfied that it will not be possible for the holder of the lease to undertake mining
operations or to continue such operations for reasons beyond his control, make an order, within a period
of three months from the date of receiving of such application, subject to such conditions as may be
prescribed, to the effect that such lease shall not lapse:
Provided further that such lease shall lapse on failure to undertake mining operations or inability to
continue the same before the end of a period of six months from the date of the order of the State
Government:
Provided also that the State Government may, on an application made by the holder of a lease
submitted 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 within a period of three months from the date of receiving the application 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 lease shall be revived under the third proviso for more than twice during the
entire period of the lease.]]
6
[5. Restrictions on the grant of prospecting licences or mining leases.―7[(1) A State
Government shall not grant a 8[reconnaissance permit, prospecting licence or mining lease] to any person
unless such person―

1. Subs. by Act 37 of 1986, s. 3, for section 4A (w.e.f. 10-2-1987).

2. The words “, after consultation with the Central Government,” omitted by Act 25 of 1994, s. 2 (w.e.f. 25-1-1994).
3. The proviso omitted by Act 38 of 1999, s. 6 (w.e.f. 18-12-1999).
4. Subs. by Act 25 of 1994, s. 2, for “one year” (w.e.f. 25-1-1994).
5. Subs. by Act 10 of 2015, s. 4, for the provisos (w.e.f. 12-1-2015).
6. Subs. by Act 37 of 1986, s. 4, for section 5 (w.e.f. 10-2-1987).
7. Subs. by Act 25 of 1994, s. 3, for sub-section (1) (w.e.f. 25-1-1994).
8. Subs. by Act 38 of 1999, s. 7, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).

6
 (a) is an Indian national, or company as defined in 1[clause (20) of section 2 of the Companies
Act, 2013 (18 of 2013)]; and
(b) satisfies such conditions as may be prescribed:
2
[Provided that in respect of any mineral specified in Part A and Part B of the First Schedule,
no reconnaissance permit, prospecting licence or mining lease shall be granted except with the
previous approval of the Central Government.]
Explanation.―For the purposes of this sub-section, 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) No mining lease shall be granted by the State Government unless it is satisfied that―
3
[(a) there is evidence to show the existence of mineral contents in the area for which the
application for a mining lease has been made in accordance with such parameters as may be
prescribed for this purpose by the Central Government;]
(b) there is a mining plan duly approved by the Central Government, or by the State
Government, in respect of such category of mines as may be specified by the Central Government,
for the development of mineral deposits in the area concerned:]
4
[Provided that a mining lease may be granted upon the filing of a mining plan in accordance
with a system established by the State Government for preparation, certification, and monitoring of
such plan, with the approval of the Central Government.]
6. Maximum area for which a prospecting licence or mining lease may be granted.―5[(1) No
person shall acquire 6*** in respect of any mineral or prescribed group of associated minerals 7[in a
State]―
(a) one or more prospecting licences covering a total area of more than twenty-five square
kilometres; or
7
[(aa) one or more reconnaissance permit covering a total area of ten thousand square
kilometres:
Provided that the area granted under a single reconnaissance permit shall not exceed five
thousand square kilometers; or]
(b) one or more mining leases covering a total area of more than ten square kilometres:
8
[Provided that if the Central Government is of the opinion that in the interest of the
development of any mineral or industry, it is necessary so to do, it may, for reasons to be recorded in
writing, increase the aforesaid area limits in respect of prospecting licence or mining lease, in so far
as it pertains to any particular mineral, or to any specified category of deposits of such mineral, or to
any particular mineral located in any particular area.]]

1. Subs. by Act 10 of 2015, s. 5, for “sub-section (1) of section 3 of the Companies Act, 1956 (1 of 1956)” (w.e.f. 12-1-2015).
2. Subs. by s. 5, ibid., for the proviso (w.e.f. 12-1-2015).
3. Subs. by s. 5, ibid., for clause (a) (w.e.f. 12-1-2015).
4. Ins. by s. 5, ibid. (w.e.f. 12-1-2015).
5. Subs. by Act 56 of 1972, s. 3, for sub-section (1) (w.e.f. 12-9-1972).
6. The words “in any one State” omitted by Act 37 of 1986, s. 5 (w.e.f. 10-2-1987).
7. Ins. by Act 38 of 1999, s. 8 (w.e.f. 18-12-1999).
8. Subs. by Act 10 of 2015, s. 6, for the proviso (w.e.f. 12-1-2015).

7
 1
[(c) any reconnaissance permit, mining lease or prospecting licence in respect of any area which
is not compact or contiguous:
Provided that if the State Government is of opinion that in the interests of the development
of any mineral, it is necessary so to do, it may, for reasons to be recorded in writing, permit any
person to acquire a reconnaissance permit, prospecting licence or mining lease in relation to any
area which is not compact or contiguous.]
(2) For the purposes of this section, a person acquiring by, or in the name of, another person a
2
[reconnaissance permit, prospecting licence or mining lease] which is intended for himself shall be
deemed to be acquiring it himself.
3
[(3) For the purposes of determining the total area referred to in sub-section (1), the area held under
2
a [reconnaissance permit, prospecting licence or mining lease] by a person as a member of a co-
operative society, company or other corporation or a Hindu undivided family or a partner of a firm, shall
be deducted from the area referred to in sub-section (1) so that the sum total of the area held by such
person, under a 2[reconnaissance permit, prospecting licence or mining lease], whether as such member
or partner, or individually, may not, in any case, exceed the total area specified in sub-section (1).]
4
[7. Periods for which prospecting licences may be granted or renewed.―(1) The period for
which 5[a reconnaissance permit or prospecting licence] may be granted shall not exceed three years.
(2) A prospecting licence shall, if the State Government is satisfied that a longer period is required to
enable the licensee to complete prospecting operations be renewed for such period or periods as that
Government may specify:
Provided that the total period for which a prospecting licence is granted does not exceed five years:
Provided further that no prospecting licence granted in respect of 6[a mineral included in Part A and
Part B to] the First Schedule shall be renewed except with the previous approval of the Central
Government.]
7
[8. Periods for which mining leases may be granted or renewed.―(1) The provisions of this
section shall apply to minerals specified in Part A of the First Schedule.
(2) The maximum period for which a mining lease may be granted shall not exceed thirty years:
Provided that the minimum period for which any such mining lease may be granted shall not be less
than twenty years.
(3) A mining lease may be renewed for a period not exceeding twenty years with the previous
approval of the Central Government.]
8
[8A. Period of grant of a mining lease for minerals other than coal, lignite and atomic
minerals.―(1) The provisions of this section shall apply to minerals other than those specified in Part A
and Part B of the First Schedule.
(2) On and from the date of the commencement of the Mines and Minerals (Development and
Regulation) Amendment Act, 2015 (10 of 2015), all mining leases shall be granted for the period of fifty
years.
(3) All mining leases granted before the commencement of the Mines and Minerals (Development
and Regulation) Amendment Act, 2015 (10 of 2015) shall be deemed to have been granted for a period
of fifty years.

1. Subs. by Act 38 of 1999, s. 8, for clause (c) (w.e.f. 18-12-1999).

2. Subs. by s. 8, ibid., for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
3. Ins. by Act 56 of 1972, s. 3 (w.e.f. 12-9-1972).
4. Subs. by Act 25 of 1994, s. 4, for section 7 (w.e.f. 25-1-1994).
5. Subs. by Act 38 of 1999, s. 9, for “a prospecting licence” (w.e.f. 18-12-1999).
6. Subs. by s. 9, ibid., for “a mineral included in” (w.e.f. 18-12-1999).
7. Subs. by Act 10 of 2015, s. 7, for section 8 (w.e.f. 12-1-2015).
8. Ins. by s. 8, ibid. (w.e.f. 12-1-2015).

8
 (4) On the expiry of the lease period, the lease shall be put up for auction as per the procedure
specified in this Act.
(5) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of
lease granted before the date of commencement of the Mines and Minerals (Development and
Regulation) Amendment Act, 2015 (10 of 2015), where mineral is used for captive purpose, shall be
extended and be deemed to have been extended up to a period ending on the 31st March, 2030 with
effect from the date of expiry of the period of renewal last made or till the completion of renewal period,
if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to the
condition that all the terms and conditions of the lease have been complied with.
(6) Notwithstanding anything contained in sub-sections (2), (3) and sub-section (4), the period of
lease granted before the date of commencement of the Mines and Minerals (Development and
Regulation) Amendment Act, 2015 (10 of 2015), where mineral is used for other than captive purpose,
shall be extended and be deemed to have been extended up to a period ending on the 31st March, 2020
with effect from the date of expiry of the period of renewal last made or till the completion of renewal
period, if any, or a period of fifty years from the date of grant of such lease, whichever is later, subject to
the condition that all the terms and conditions of the lease have been complied with.
(7) Any holder of a lease granted, where mineral is used for captive purpose, shall have the right of
first refusal at the time of auction held for such lease after the expiry of the lease period.
(8) Notwithstanding anything contained in this section, the period of mining leases, including
existing mining leases, of Government companies or corporations shall be such as may be prescribed by
the Central Government.
(9) The provisions of this section, notwithstanding anything contained therein, shall not apply to a
mining lease granted before the date of commencement of the Mines and Minerals (Development and
Regulation) Amendment Act, 2015 (10 of 2015), for which renewal has been rejected, or which has been
determined, or lapsed.]
9. Royalties in respect of mining leases.―(1) The holder of a mining lease granted before the
commencement of this Act shall, notwithstanding anything contained in the instrument of lease or in any
law in force at such commencement, pay royalty in respect of any 1[mineral removed or consumed by
him or by his agent, manager, employee, contractor or sub-lessee] from the leased area after such
commencement, at the rate for the time being specified in the Second Schedule in respect of that mineral.
(2) The holder of a mining lease granted on or after the commencement of this Act shall pay royalty
in respect of any 1[mineral removed or consumed by him or by his agent, manager, employee, contractor
or sub-lessee] from the leased area at the rate for the time being specified in the Second Schedule in
respect of that mineral.
2
[(2A) The holder of a mining lease, whether granted before or after the commencement of the Mines
and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972) shall not be liable to
pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such
consumption by the workman does not exceed one-third of a tonne per month.]
(3) The Central Government may, by notification in the Official Gazette, amend the Second
Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral
with effect from such date as may be specified in the notification:
3
[Provided that the Central Government shall not enhance the rate of royalty in respect of any
mineral more than once during any period of 4[three years].]

1. Subs. by Act 56 of 1972, s. 4, for “mineral removed by him” (w.e.f. 12-9-1972).

2. Ins. by s. 4, ibid. (w.e.f. 12-9-1972).
3. Subs. by s. 4, ibid., for the proviso (w.e.f. 12-9-1972).
4. Subs. by Act 37 of 1986, s. 8, for “four years” (w.e.f. 10-2-1987).

9
 1
[9A. Dead rent to be paid by the lessee.―(1) The holder of a mining lease, whether granted
before or after the commencement of the Mines and Minerals (Regulation and Development)
Amendment Act, 1972, shall notwithstanding anything contained in the instrument of lease or in any
other law for the lime being in force, pay to the State Government, every year, dead rent at such rate, as
may be specified, for the time being, in the Third Schedule, for all the areas included in the instrument of
lease:
Provided that where the holder of such mining lease becomes liable, under section 9, to pay royalty
for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-
lessee from the leased area, he shall be liable to pay either such royalty, or the dead rent in respect of that
area, whichever is greater.
(2) The Central Government may, by notification in the Official Gazette, amend the Third Schedule
so as to enhance or reduce the rate at which the dead rent shall be payable in respect of any area covered
by a mining lease and such enhancement or reduction shall take effect from such date as may be
specified in the notification:
Provided that the Central Government shall not enhance the rate of the dead rent in respect of any
such area more than once during any period of 2[three years].]
3
[9B. District Mineral Foundation.―(1) In any district affected by mining related operations, the
State Government shall, by notification, establish a trust, as a non-profit body, to be called the District
Mineral Foundation.
(2) The object of the District Mineral Foundation shall be to work for the interest and benefit of
persons, and areas affected by mining related operations in such manner as may be prescribed by the
State Government.
(3) The composition and functions of the District Mineral Foundation shall be such as may be
prescribed by the State Government.
(4) The State Government while making rules under sub-sections (2) and (3) shall be guided by the
provisions contained in article 244 read with Fifth and Sixth Schedules to the Constitution relating to
administration of the Scheduled Areas and Tribal Areas and the Provisions of the Panchayats (Extension
to the Scheduled Areas) Act, 1996 (40 of 1996) and the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007).
(5) The holder of a mining lease or a prospecting licence-cum-mining lease granted on or after the
date of commencement of the Mines and Minerals (Development and Regulation) Amendment Act,
2015, shall, in addition to the royalty, pay to the District Mineral Foundation of the district in which the
mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in
terms of the Second Schedule, not exceeding one-third of such royalty, as may be prescribed by the
Central Government.
(6) The holder of a mining lease granted before the date of commencement of the Mines and
Minerals (Development and Regulation) Amendment Act, 2015, shall, in addition to the royalty, pay to
the District Mineral Foundation of the district in which the mining operations are carried on, an amount
not exceeding the royalty paid in terms of the Second Schedule in such manner and subject to the
categorisation of the mining leases and the amounts payable by the various categories of lease holders, as
may be prescribed by the Central Government.
9C. National Mineral Exploration Trust.―(1) The Central Government shall, by notification,
establish a Trust, as a non-profit body, to be called the National Mineral Exploration Trust.
(2) The object of the Trust shall be to use the funds accrued to the Trust for the purposes of regional
and detailed exploration in such manner as may be prescribed by the Central Government.

1. Ins. by Act 56 of 1972, s. 5 (w.e.f. 12-9-1972).

2. Subs. by Act 37 of 1986, s. 9, for “four years” (w.e.f. 10-2-1987).
3. Ins. by Act 10 of 2015, s. 9 (w.e.f. 12-1-2015).

10
 (3) The composition and functions of the Trust shall be such as may be prescribed by the Central
Government.
(4) The holder of a mining lease or a prospecting licence-cum-mining lease shall pay to the Trust, a
sum equivalent to two per cent. of the royalty paid in terms of the Second Schedule, in such manner as
may be prescribed by the Central Government.]
CHAPTER III
PROCEDURE FOR OBTAINING, PROSPECTING LICENCES OR MINING LEASES, IN RESPECT OF LAND IN WHICH
THE MINERALS VEST IN THE GOVERNMENT

10. Application for prospecting licences or mining leases.―(1) An application for 1[a
reconnaissance permit, prospecting licence or mining lease] in respect of any land in which the minerals
vest in the Government shall be made to the State Government concerned in the prescribed form and
shall be accompanied by the prescribed fee.
(2) Where an application is received under sub-section (1), there shall be sent to the applicant an
acknowledgment of its receipt within the prescribed time and in the prescribed form.
(3) On receipt of an application under this section, the State Government may, having regard to the
provisions of this Act and any rules made thereunder, grant or refuse to grant the 2[permit, licence or
lease].
3
[10A. Rights of existing concession holders and applicants.―(1) All applications received prior
to the date of commencement of the Mines and Minerals (Development and Regulation) Amendment
Act, 2015, shall become ineligible.
(2) Without prejudice to sub-section (1), the following shall remain eligible on and from the date of
commencement of the Mines and Minerals (Development and Regulation) Amendment Act, 2015:―
(a) applications received under section 11A of this Act;
(b) where before the commencement of the Mines and Minerals (Development and Regulation)
Amendment Act, 2015 a reconnaissance permit or prospecting licence has been granted in respect of
any land for any mineral, the permit holder or the licensee shall have a right for obtaining a
prospecting licence followed by a mining lease, or a mining lease, as the case may be, in respect of
that mineral in that land, if the State Government is satisfied that the permit holder or the licensee, as
the case may be,―
(i) has undertaken reconnaissance operations or prospecting operations, as the case may be,
to establish the existence of mineral contents in such land in accordance with such parameters as
may be prescribed by the Central Government;
(ii) has not committed any breach of the terms and conditions of the reconnaissance permit
or the prospecting licence;
(iii) has not become ineligible under the provisions of this Act; and
(iv) has not failed to apply for grant of prospecting licence or mining lease, as the case may
be, within a period of three months after the expiry of reconnaissance permit or prospecting
licence, as the case may be, or within such further period not exceeding six months as may be
extended by the State Government;
(c) where the Central Government has communicated previous approval as required under
sub-section (1) of section 5 for grant of a mining lease, or if a letter of intent (by whatever name
called) has been issued by the State Government to grant a mining lease, before the commencement
of the Mines and Minerals (Development and Regulation) Amendment Act, 2015, the mining lease

1. Subs. by Act 38 of 1999, s. 11, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999).
2. Subs. by s. 11, ibid., for “licence or lease” (w.e.f. 18-12-1999).
3. Ins. by Act 10 of 2015, s. 10 (w.e.f. 12-1-2015).

11
 shall be granted subject to fulfilment of the conditions of the previous approval or of the letter of
intent within a period of two years from the date of commencement of the said Act:
Provided that in respect of any mineral specified in the First Schedule, no prospecting
licence or mining lease shall be granted under clause (b) of this subsection except with the
previous approval of the Central Government.
10B. Grant of mining lease in respect of notified minerals through auction.―(1) The provisions
of this section shall not be applicable to cases covered by section 10A or section 17A or to minerals
specified in Part A or Part B of the First Schedule or to land in respect of which the minerals do not vest
in the Government.
(2) Where there is inadequate evidence to show the existence of mineral contents of any notified
mineral in respect of any area, a State Government may, after obtaining the previous approval of the
Central Government, grant a prospecting licence-cum-mining lease for the said notified mineral in such
area in accordance with the procedure laid down in section 11.
(3) In areas where the existence of mineral contents of any notified mineral is established in the
manner prescribed by the Central Government, the State Government shall notify such areas for grant of
mining leases for such notified mineral, the terms and conditions subject to which such mining leases
shall be granted, and any other relevant conditions, in such manner as may be prescribed by the Central
Government.
(4) For the purpose of granting a mining lease in respect of any notified mineral in such notified
area, the State Government shall select, through auction by a method of competitive bidding, including
e-auction, an applicant who fulfils the eligibility conditions as specified in this Act.
(5) The Central Government shall prescribe the terms and conditions, and procedure, subject to
which the auction shall be conducted, including the bidding parameters for the selection, which may
include a share in the production of the mineral, or any payment linked to the royalty payable, or any
other relevant parameter, or any combination or modification of them.
(6) Without prejudice to the generality of sub-section (5), the Central Government shall, if it is of the
opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and
bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or
States, subject to which the auction shall be conducted:
Provided that the terms and conditions may include the reservation of any particular mine or mines
for a particular end-use and subject to such condition which allow only such eligible end users to
participate in the auction.
(7) The State Government shall grant a mining lease to an applicant selected in accordance with the
procedure laid down in this section in respect of such notified mineral in any notified area.

10C. Grant of non-exclusive reconnaissance permits.―(1) Non-exclusive reconnaissance permits

may be granted in respect of any notified mineral or non-notified mineral or a group of specified
minerals, other than minerals specified in Part A or Part B of the First Schedule, subject to such terms
and conditions as may be prescribed by the Central Government.

(2) The holder of such non-exclusive reconnaissance permit shall not be entitled to make any claim
for the grant of any prospecting licence-cum-mining lease or a mining lease.]
1
[11. Grant of prospecting licence-cum-mining lease through auction in respect of minerals
other than notified minerals.―(1) The provisions of this section shall not be applicable to cases
covered by section 10A or section 17A or to minerals specified in Part A or Part B of the First Schedule
or to land in respect of which minerals do not vest in the Government.

1. Subs. by Act 10 of 2015, s. 11, for section 11 (w.e.f. 12-1-2015).

12
 (2) In areas where there is evidence to show the existence of mineral contents as required by
clause (a) of sub-section (2) of section 5, the State Government shall grant a mining lease for minerals
other than notified minerals following the procedure laid down in section 10B.
(3) In areas where there is inadequate evidence to show the existence of mineral contents as required
under clause (a) of sub-section (2) of section 5, the State Government shall grant a prospecting licence-
cum-mining lease for minerals other than notified minerals in accordance with the procedure laid down
in this section.
(4) The State Government shall notify the areas in which prospecting licence-cum-mining leases
shall be granted for any minerals other than notified minerals, the terms and conditions subject to which
such prospecting licence-cum-mining leases shall be granted, and any other relevant conditions, in such
manner as may be prescribed by the Central Government.
(5) For the purpose of granting prospecting licence-cum-mining leases, the State Government shall
select, through auction by method of competitive bidding, including e-auction, an applicant who fulfils
the eligibility conditions as specified in this Act.
(6) The Central Government shall prescribe the terms and conditions, and procedure, subject to
which the auction shall be conducted, including the bidding parameters for the selection, which may
include a share in the production of the mineral, or any payment linked to the royalty payable, or any
other relevant parameter, or any combination or modification of them.
(7) Without prejudice to the generality of sub-section (6), the Central Government shall, if it is of the
opinion that it is necessary and expedient to do so, prescribe terms and conditions, procedure and
bidding parameters in respect of categories of minerals, size and area of mineral deposits and a State or
States, subject to which the auction shall be conducted.
(8) The State Government shall grant a prospecting licence-cum-mining lease to an applicant
selected in accordance with the procedure laid down in this section.
(9) The holder of a prospecting licence-cum-mining lease shall be required to complete, within the
period laid down in section 7, the prospecting operations satisfactorily as specified in the notice inviting
applications.
(10) A holder of a prospecting licence-cum-mining lease, who completes the prospecting operation
as laid down in sub-section (9) and establishes the existence of mineral contents in the area in conformity
with such parameters as may be prescribed for this purpose by the Central Government, shall be required
to apply for a mining lease for such area and shall have the right to get the mining lease and thereafter
undertake mining operations in accordance with the provisions of this Act.]
1
[11A. Procedure in respect of coal or lignite.―The Central Government may, for the purpose of
granting reconnaissance permit, prospecting licence or mining lease in respect of an area containing coal
or lignite, select, through auction by competitive bidding on such terms and conditions as may be
prescribed, a company engaged in,―
(i) production of iron and steel;
(ii) generation of power;
(iii) washing of coal obtained from a mine; or
(iv) such other end use as the Central Government may, by notification in the Official Gazette,
specify,
and the State Government shall grant such reconnaissance permit, prospecting licence or mining lease in
respect of coal or lignite to such company as selected through auction by competitive bidding under this
section:

1. Ins. by Act 34 of 2010, s. 2 (w.e.f. 13-2-2012).

13
 Provided that the auction by competitive bidding shall not be applicable to an area containing coal or
lignite,―
(a) where such area is considered for allocation to a Government company or corporation for
mining or such other specified end use;
(b) where such area is considered for allocation to a company or corporation that has been
awarded a power project on the basis of competitive bids for tariff (including Ultra Mega Power
Projects).
Explanation.―For the purposes of this section, “company” means a company as defined in section 3
of the Companies Act, 1956 (1 of 1956) and includes a foreign company within the meaning of section
591 of that Act.]
1
[11B. Power of Central Government to make rules for regulating atomic minerals specified
under Part B of First Schedule.―The Central Government may, by notification in the Official Gazette,
make rules for regulating the grant of mining leases or other mineral concessions in respect of minerals
specified in Part B of the First Schedule and for purposes connected therewith, and the State Government
shall grant a reconnaissance permit, prospecting licence or mining lease in respect of any such mineral in
accordance with such rules.
11C. Power of Central Government to amend First Schedule and Fourth Schedule.―The
Central Government may, by notification in the Official Gazette, amend the First Schedule and the
Fourth Schedule so as to add or delete any mineral as may be specified in the notification.]
12. Registers of prospecting licences and mining leases.―(1) The State Government shall cause to
be maintained in the prescribed form―
(a) a register of applications for prospecting licences;
(b) a register of prospecting licensees;
2
[(c) a register of applications for mining leases;
(d) a register of mining lessees;
(e) a register of applications for reconnaissance permits; and
(f) a register of reconnaissance permits,]
in each of which shall be entered such particulars as may be prescribed.
(2) Every such register shall be open to inspection by any person on payment of such fee as the State
Government may fix.
3
[12A. Transfer of mineral concessions.―(1) The provisions of this section shall not apply to
minerals specified in Part A or Part B of the First Schedule.
(2) A holder of a mining lease or a prospecting licence-cum-mining lease granted in accordance with
the procedure laid down in section 10B or section 11 may, with the previous approval of the State
Government, transfer his mining lease or prospecting licence-cum-mining lease, as the case may be, in
such manner as may be prescribed by the Central Government, to any person eligible to hold such
mining lease or prospecting licence-cum-mining lease in accordance with the provisions of this Act and
the rules made thereunder.
(3) If the State Government does not convey its previous approval for transfer of such mining lease
or prospecting licence-cum-mining lease, as the case may be, within a period of ninety days from the
date of receiving such notice, it shall be construed that the State Government has no objection to such
transfer:

1. Ins. by Act 10 of 2015, s. 12 (w.e.f. 12-1-2015).

2. Subs. by Act 38 of 1999, s. 13, for clauses (c) and (d) (w.e.f. 18-12-1999).
3. Ins. by Act 10 of 2015, s. 13 (w.e.f. 12-1-2015).

14
 Provided that the holder of the original mining lease or prospecting licence-cum-mining lease shall
intimate to the State Government the consideration payable by the successor-in-interest for the transfer,
including the consideration in respect of the prospecting operations already undertaken and the reports
and data generated during the operations.
(4) No such transfer of a mining lease or prospecting licence-cum-mining lease, referred to in
sub-section (2), shall take place if the State Government, within the notice period and for reasons to be
communicated in writing, disapproves the transfer on the ground that the transferee is not eligible as per
the provisions of this Act:
Provided that no such transfer of a mining lease or of a prospecting licence-cum-mining lease, shall
be made in contravention of any condition subject to which the mining lease or the prospecting licence-
cum-mining lease was granted.
(5) All transfers effected under this section shall be subject to the condition that the transferee has
accepted all the conditions and liabilities under any law for the time being in force which the transferor
was subject to in respect of such a mining lease or prospecting licence-cum-mining lease, as the case
may be.
(6) The transfer of mineral concessions shall be allowed only for concessions which are granted
through auction.]
1
[Provided that where a mining lease has been granted otherwise than through auction and where
mineral from such mining lease is being used for captive purpose, such mining lease may be permitted to
be transferred subject to compliance of such terms and conditions and payment of such amount or
transfer charges as may be prescribed.
Explanation.―For the purposes of this proviso, the expression “used for captive purpose” shall
mean the use of the entire quantity of mineral extracted from the mining lease in a manufacturing unit
owned by the lessee.]
CHAPTER IV
RULES FOR REGULATING THE (GRANT OF PROSPECTING LICENCES AND MINING LEASES
13. Power of Central Government to make rules in respect of minerals.―(1) The Central
Government may, by notification in the Official Gazette, make rules for regulating the grant
of 2[reconnaissance permits, prospecting licences and mining leases] in respect of minerals and for
purposes connected therewith.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:―
(a) the person by whom, and the manner in which, applications for 3[reconnaissance permits,
prospecting licences or mining leases] in respect of land in which the minerals vest in the
Government may be made and the fees to be paid therefor;
(b) the time within which, and the form in which, acknowledgement of the receipt of any such
application may be sent;
(c) the matters which may be considered where applications in respect of the same land are
received on the same day;
4
[(d) the terms and conditions of auction by competitive bidding for selection of the company
under section 11A;]
(e) the authority by which 2[reconnaissance permits, prospecting licences or mining leases] in
respect of land in which the minerals vest in the Government may be granted;
(f) the procedure for obtaining 5[a reconnaissance permit, a prospecting licence or a mining
lease] in respect of any land in which the minerals vest in a person other than the Government and
the terms on which, and the conditions subject to which, such 6[a permit, licence or lease] may be
granted or renewed;

1. Ins. by Act 25 of 2016, s. 3 (w.e.f. 6-5-2016).

2. Subs. by Act 38 of 1999, s. 14, for “prospecting licences and mining leases” (w.e.f. 18-12-1999).
3. Subs. by s. 14, ibid., for “prospecting licences or mining leases” (w.e.f. 18-12-1999).
4. Ins. by Act 34 of 2010, s. 3 (w.e.f. 13-2-2012)).
5. Subs. by Act 38 of 1999, s. 14, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999).
6. Subs. by s. 14, ibid., for “a licence or lease” (w.e.f. 18-12-1999).

15
 (g) the terms on which, and the conditions subject to which, may other 1[reconnaissance permit,
prospecting licence or mining lease] may be granted or renewed;
(h) the facilities to be afforded by holders of mining leases to persons deputed by the
Government for the purpose of undertaking research or training in matters relating to mining
operations;
2
[(i) the fixing and collection of fees for 3[reconaaissance permits, prospecting licences or
mining leases] surface rent, security deposit, fines, other fees or charges and the time within which
and the manner in which the dead rent or royalty shall be payable;]
(j) the manner in which rights of third parties may be protected (whether by payment of
compensation or otherwise) in cases where any such party may be prejudicially affected by reason of
any 4[reconnaissance, prospecting or mining operations];
5
[(jj) parameters of existence of mineral contents under clause (a) of sub-section (2) of section
5;]
(k) the grouping of associated minerals for the purposes of section 6;
(l) the manner in which, and the conditions subject to which, 6[a reconnaissance, permit, a
prospecting licence or a mining lease] may be transferred;
(m) the construction, maintenance and use of roads, power transmission lines, tramways,
railways, aerial ropeways, pipelines and the making of passages for water for mining purposes on
any land comprised in a mining lease;
(n) the form of registers to be maintained under this Act;
7
* * * * *
8
(p) the reports and statements to be submitted by holders of [reconnaissance permits or
prospecting licences] or owners of mines and the authority to which such reports and statements
shall be submitted;
(q) the period within which applications for revision of any order passed by a State Government
or other authority in exercise of any power conferred by or under this Act, may be made 9[the fees to
be paid therefore and the documents which shall accompany such applications] and the manner in
which such applications shall be disposed of; and
9
[(qq) the manner in which rehabilitation of flora and other vegetation, such as trees, shrubs and
the like destroyed by reason of any prospecting or mining operations shall be made in the same area
or in any other area selected by the Central Government (whether by way of reimbursement of the
cost of rehabilitation or otherwise) by the person holding the prospecting licence or mining lease;]
10
***
11
[(qqa) the amount of payment to be made to the District Mineral Foundation under
sub-sections (5) and (6) of section 9B;
(qqb) the manner of usage of funds accrued to the National Mineral Exploration Trust under
sub-section (2) of section 9C;

1. Subs. by Act 38 of 1999, s. 14, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
2. Subs. by Act 37 of 1986, s. 11, for clause (i) (w.e.f. 10-2-1987).
3. Subs. by Act 38 of 1999, s. 14, for “prospecting licences or mining leases” (w.e.f. 18-12-1999).
4. Subs. by s. 14, ibid., for “prospecting or mining operations” (w.e.f. 18-12-1999).
5. Ins. by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015).
6. Subs. by Act 38 of 1999, s.14, for “a prospecting licence or a mining lease” (w.e.f. 18-12-1999).
7. Omitted by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987).
8. Subs. by Act 38 of 1999, s. 14, for “prospecting licences” (w.e.f. 18-12-1999).
9. Ins. by Act 37 of 1986, s. 11 (w.e.f. 10-2-1987).
10. The word “and” omitted by Act 10 of 2015, s. 14 (w.e.f. 12-1-2015).
11. Ins. by s. 14, ibid. (w.e.f. 12-1-2015).

16
 (qqc) the composition and functions of the National Mineral Exploration Trust under
sub-section (3) of section 9C;
(qqd) the manner of payment of amount to the National Mineral Exploration Trust under
sub-section (4) of section 9C;
(qqe) the terms and conditions subject to which mining leases shall be granted under
sub-section (3) of section 10B;
(qqf) the terms and conditions, and procedure, subject to which the auction shall be conducted
including the bidding parameters for the selection under sub-section (5) of section 10B;
(qqg) the time limits for various stages in processing applications for grant of mining lease or
prospecting licence-cum-mining lease under sections 10B, 11, 11A, 11B, and section 17A, and their
renewals;
(qqh) the terms and conditions for grant of non-exclusive reconnaissance permits under
sub-section (1) of section 10C;
(qqi) the terms and conditions for grant of prospecting licence-cum-mining leases under
sub-section (4) of section 11;
(qqj) the terms and conditions, and procedure, including the bidding parameters for the selection
under sub-section (6) of section 11;
1
[(qqja) the terms and conditions and amount or transfer charges under the proviso to
sub-section (6) of section 12A;]
(qqk) the amount to be payable by a Government company or corporation, or a joint venture for
grant of mining lease under sub-section (2C) of section 17A; and]
(r) any other matter which is to be, or may be, prescribed under this Act.
2
[13A. Power of Central Government to make rules for the grant of prospecting licences or
mining leases in respect of territorial waters or continental shelf of India.―(1) The Central
Government may, by notification in the Official Gazette, make rules for the grant of prospecting licences
or mining leases in respect of any minerals underlying the ocean within the territorial waters or the
continental shelf of India.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for all or any
of the following matters, namely:―
(a) the conditions, limitations and restrictions subject to which such prospecting licences or
mining leases may be granted;
(b) regulation of exploration and exploitation of minerals within the territorial waters or the
continental shelf of India;
(c) ensuring that such exploration or exploitation does not interfere with navigation and
(d) any other matter which is required to be, or may be, prescribed.]
14. 3[Sections 5 to 13] not to apply to minor minerals.―The provisions of 3[sections 5 to 13]
(inclusive) shall not apply to 4[quarry leases, mining leases or other mineral concessions] in respect of
minor minerals.
15. Power of State Governments to make rules in respect of minor minerals.―(1) The State
Government may, by notification in the Official Gazette, make rules for, regulating the grant of 5[quarry
leases, mining leases or other mineral concessions] in respect of minor minerals and for purposes
connected therewith.

1. Ins. by Act 25 of 2016, s. 4 (w.e.f. 6-5-2016).

2. Ins. by Act 56 of 1972, s. 6 (w.e.f. 12-9-1972).
3. Subs. by Act 37 of 1986, s. 12, for “sections 4 to 13” (w.e.f. 10-2-1987).
4. Subs. by Act 56 of 1972, s. 7, for “prospecting licences and mining leases” (w.e.f. 12-9-1972).
5. Subs. by s. 8, ibid., for “prospecting licence and mining leases” (w.e.f. 12-9-1972).

17
 1
[(1A) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:―
(a) the person by whom and the manner in which, applications for quarry leases, mining leases
or other mineral concessions may be made and the fees to be paid therefor;
(b) the time within which, and the form in which, acknowledgement of the receipt of any such
applications may be sent;
(c) the matters which may be considered where applications in respect of the same land are
received within the same day;
(d) the terms on which, and the conditions subject to which and the authority by which quarry
leases, mining leases or other mineral concessions may be granted or renewed;
(e) the procedure for obtaining quarry leases, mining leases or other mineral concessions;
(f) the facilities to be afforded by holders of quarry leases, mining leases or other mineral
concessions to persons deputed by the Government for the purpose of undertaking research or
training in matters relating to mining operations;
(g) the fixing and collection of rent, royalty, fees, dead rent, fines or other charges and the time
within which and the manner in which these shall be payable;
(h) the manner in which rights of third parties may be protected (whether by way of payment of
compensation or otherwise) in cases where any such party is prejudicially affected by reason of any
prospecting or mining operations;
(i) the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the
like destroyed by reason of any quarrying or mining operations shall be made in the same area or in
any other area selected by the State Government (whether by way of reimbursement of the cost of
rehabilitation or otherwise) by the person holding the quarrying or mining lease;
(j) the manner in which and the conditions subject to which, a quarry lease, mining lease or other
mineral concession may be transferred;
(k) the construction, maintenance and use of roads power transmission lines, tramways, railways,
serial rope ways, pipelines and the making of passage for water for mining purposes on any land
comprised in a quarry or mining lease or other mineral concession;
(l) the form of registers to be maintained under this Act;
(m) the reports and statements to be submitted by holders of quarry or mining leases or other
mineral concessions and the authority to which such reports and statements shall be submitted;
(n) the period within which and the manner in which and the authority to which applications for
revision of any order passed by any authority under these rules may be made, the fees to be paid
therefore, and the powers of the revisional authority; and
(o) any other matter which is to be, or may be, prescribed.]
(2) Until rules are made under sub-section (1), any rules made by a state Government regulating the
grant of 2[quarry leases, mining leases or other mineral concessions] in respect of minor minerals which
are in force immediately before the commencement of these Act shall continue in force.
3
[(3) The holder of a mining lease or any other mineral concession granted under any rule made
under sub-section (1) shall pay 4[royalty or dead rent, whichever is more] in respect of minor minerals
removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee at the rate
prescribed for the time being in the rules framed by the State Government in respect of minor minerals:

1. Ins. by Act 37 of 1986, s. 13 (w.e.f. 10-2-1987).

2. Subs. by Act 56 of 1972, s. 8, for “prospecting licence and mining leases” (w.e.f. 12-9-1972).
3. Ins. by s. 8, ibid. (w.e.f. 12-9-1972).
4. Subs. by Act 37 of 1986, s. 13, for “royalty” (w.e.f. 10-2-1987).

18
 Provided that the State Government shall not enhance the rate of 1[royalty or dead rent] in respect of
any minor mineral for more than once during any period of 2[three] years.]
3
[(4) Without prejudice to sub-sections (1), (2) and sub-section (3), the State Government may, by
notification, make rules for regulating the provisions of this Act for the following, namely:―
(a) the manner in which the District Mineral Foundation shall work for the interest and benefit
of persons and areas affected by mining under sub-section (2) of section 9B;
(b) the composition and functions of the District Mineral Foundation under sub-section (3) of
section 9B; and
(c) the amount of payment to be made to the District Mineral Foundation by concession holders
of minor minerals under section 15A.]
4
[15A. Power of State Government to collect funds for District Mineral Foundation in case of
minor minerals.―The State Government may prescribe the payment by all holders of concessions
related to minor minerals of amounts to the District Mineral Foundation of the district in which the
mining operations are carried on.]
16. Power to modify mining leases granted before 25th October, 1949.―5[(1) (a) All mining
leases granted before the commencement of the Mines and Minerals (Regulation and Development)
Amendment Act, 1972 (56 of 1972) 6[if in force at the date of commencement of the Mines and Minerals
(Regulation and Development) Amendment Act, 1994 (25 of 1994), shall be brought in conformity with
the provisions of this Act and the rules made thereunder within two years from the date of the
commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1994], or
such further time as the Central Government may, by general or special order, specify in this behalf.
(b) Where the rights under any mining lease, granted by the proprietor of an estate or tenure before
the commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1972
(56 of 1972), have vested, on or after the 25th day of October, 1949, in the State Government in
pursuance of the provisions of any Act of any Provincial or State Legislature which provides for the
acquisition of estates or tenures or provides for agrarian reform, such mining lease shall be brought into
conformity with the provisions of this Act and the rules made thereunder within 7[two years from the
commencement of the Mines and Minerals (Regulation and Development) Amendment Act, 1994 (25 of
1994)], or within such further time as the Central Government may, by general or special order, specify
in this behalf.]
8
[(1A) Where any action is taken under clause (a) or clause (b) of sub-section (1) to bring the period
of any lease in conformity with the provisions of this Act and the rules made thereunder, then
notwithstanding anything contained in section 8, the period of such lease shall continue to operate for a
period of two years from the date of bringing such lease in conformity with the provisions of this Act.]
(2) The Central Government may, by notification in the Official Gazette, make rules for the purpose
of giving effect to the provisions of sub-section (1) and in particular such rules shall provide—
(a) for giving previous notice of the modification or alteration proposed to be made in any
existing mining lease to the lessee and where the lessor is not the Central Government, also to the
lessor and for affording him an opportunity of showing cause against the proposal;
(b) for the payment of compensation to the lessee in respect of the reduction of any area covered
by the existing mining lease; and

1. Subs. by Act 37 of 1986, s. 13, for “royalty” (w.e.f. 10-2-1987).

2. Subs. by s. 13, ibid., for “four” (w.e.f. 10-2-1987).
3. Ins. by Act 10 of 2015, s. 15 (w.e.f. 12-1-2015).
4. Ins. by s. 16, ibid. (w.e.f. 12-1-2015).
5. Subs. by Act 56 of 1972, s. 9, for sub-section (1) (w.e.f. 12-9-1972).
6. Subs. by Act 25 of 1994, s. 6, for certain words (w.e.f. 25-1-1994).
7. Subs. by s. 6, ibid., for “six months from the commencement of the Mines and Minerals (Regulation and Development)
Amendment Act, 1972” (w.e.f. 25-1-1994).
8. Ins. by s. 6, ibid. (w.e.f. 25-1-1994).

19
 (c) for the principles on which, the manner in which, and the authority by which, the said
compensation shall be determined.
CHAPTER V
SPECIAL POWERS OF CENTRAL GOVERNMENT TO
UNDERTAKE PROSPECTING OR MINING OPERATIONS IN CERTAIN CASES

17. Special powers of Central Government to undertake prospecting or mining operations in

certain lands.―(1) The provisions of this section shall apply 1*** in respect of land in which the
minerals vest in the Government of a State 2[or any other person].
(2) Notwithstanding anything contained in this Act, the Central Government, after consultation with
the State Government, may undertakes 3[reconnaissance, prospecting or mining operations] in any area
not already held under any 4[reconnaissance permit, prospecting licence or mining lease] and where it
proposes to do so, it shall, by notification in the Official Gazette―
(a) specify the boundaries of such area;
(b) state whether 3[reconnaissance, prospecting or mining operations] will be carried out in the
area; and
(c) specify the mineral or minerals in respect of which such operations will be carried out.
(3) Where, in exercise of the powers conferred by sub-section (2), the Central Government
undertakes 3[reconnaissance, prospecting or mining operations] in any area, the Central Government
shall be liable to pay 5[reconnaissance permit fee or prospecting fee] royalty, surface rent or dead rent, as
the case may be, at the same rate at which it would have been payable under this Act, if such
3
[reconnaissance, prospecting or mining operations] had been undertaken by a private person under a
4
[reconnaissance permit, prospecting licence or mining lease].
(4) The Central Government, with a view to enabling it to exercise the powers conferred on it by
sub-section (2) may, after consultation with the State Government, by notification in the Official
Gazette, declare that no 4[reconnaissance permit, prospecting licence or mining lease] shall be granted in
respect of any land specified in the notification.
6
[17A. Reservation of areas for purposes of conservation.―(1) The Central Government, with a
view to conserving any mineral and after consultation with the State Government, may reserve any area
not already held under any prospecting licence or mining lease 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.
7
[(1A) The Central Government may in consultation with the State Government, reserve any area not
already held under any prospecting licence or mining lease, for undertaking prospecting or mining
operations through a Government company or corporation owned or controlled by it, 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.]
(2) The State Government may, with the approval of the Central Government, reserve any area not
already held under any prospecting licence or mining lease, for undertaking prospecting or mining
operations through a Government company or corporation owned or controlled by it 8*** 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 areas will be reserved.

1. The word “only” omitted by Act 56 of 1972, s. 10 (w.e.f. 12-9-1972).

2. Ins. by s. 10, ibid. (w.e.f. 12-9-1972).
3. Subs. by Act 38 of 1999, s. 15, for “prospecting or mining operations” (w.e.f. 18-12-1999).
4. Subs. by s. 15, ibid., for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
5. Subs. by s. 15, ibid., for “prospecting fee” (w.e.f. 18-12-1999).
6. Ins. by Act 37 of 1986, s. 14 (w.e.f. 10-2-1987).
7. Ins. by Act 25 of 1994, s. 7 (w.e.f. 25-1-1994).
8. The words “or by the Central Government” omitted by s. 7, ibid. (w.e.f. 25-1-1994).

20
 1
[(2A) Where in exercise of the powers conferred by sub-section (1A) or sub-section (2), the Central
Government or the State Government, as the case may be, reserves any area for undertaking prospecting
or mining operations, the State Government shall grant prospecting licence or mining lease, as the case
may be, in respect of such area to such Government company or corporation:
Provided that in respect of any mineral specified in Part A and Part B of the First Schedule, the State
Government shall grant the prospecting licence or mining lease, as the case may be, only after obtaining
the previous approval of the Central Government.
(2B) Where the Government company or corporation is desirous of carrying out the prospecting
operations or mining operations in a joint venture with other persons, the joint venture partner shall be
selected through a competitive process, and such Government company or corporation shall hold more
than seventy-four per cent. of the paid up share capital in such joint venture.
(2C) A mining lease granted to a Government company or corporation, or a joint venture, referred to
in sub-sections (2A) and (2B), shall be granted on payment of such amount as may be prescribed by the
Central Government.]
(3) 2[Where in exercise of the powers conferred by sub-section (1A) or sub-section (2) the Central
Government or the State Government, as the case may be,] undertakes prospecting or mining operations
in any area in which the minerals vest in a private person, it shall be liable to pay prospecting fee,
royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it
would have been payable under this Act if such prospecting or mining operations had been undertaken
by a private person under prospecting licence or mining lease.]
CHAPTER VI
DEVELOPMENT OF MINERALS
18. Mineral development.―(1) It shall be the duty of the Central Government to take all such steps
as may be necessary 3[for the conservation and systematic development of minerals in India and for the
protection of environment by preventing or controlling any pollution which may be caused by
prospecting or mining operations] and 4[for such purposes] the Central Government may, by notification
in the Official Gazette, make such rules as it thinks fit.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:―
(a) the opening of new mines and the regulation of mining operations in any area;
(b) the regulation of the excavation or collection of minerals from any mine;
(c) the measures to be taken by owners of mines for the purpose of beneficiation of ores,
including the provision of suitable contrivances for such purpose;
(d) the development of mineral resources in any area;
(e) the notification of all new borings and shaft sinkings and the preservation of bore-hole
records, and specimens of cores of alt new bore-holes;
(f) the regulation of the arrangements for the storage of minerals and the stocks thereof that may
be kept by any person;
(g) the submission of samples of minerals from any mine by the owner thereof and the manner in
which and the authority to which such samples shall be submitted; and the taking of samples of any
minerals from any mine by the State Government or any other authority specified by it in that behalf;

1. Ins. by Act 10 of 2015, s. 17 (w.e.f. 12-1-2015).

2. Subs. by Act 25 of 1994, s. 7, for “Where in exercise of the powers conferred by sub-section (2) the State Government”
(w.e.f. 25-1-1994).
3. Subs. by Act 37 of 1986, s. 15, for “for the conservation and development of minerals in India” (w.e.f. 10-2-1987).
4. Subs. by s. 15, ibid., for “for that purpose” (w.e.f. 10-2-1987).

21
 (h) the submission by owners of mines of such special or periodical returns and reports as may
be specified, and the form in which and the authority to which such returns and reports shall be
submitted;
1
[(i) the regulation of prospecting operations;
(j) the employment of qualified geologists or mining engineers to supervise prospecting or
mining operations;
(k) the disposal or discharge of waste slime or tailings arising from any mining or metallurgical
operations carried out in a mine;
(l) the manner in which and the authority by which directions may be issued to the owners of
any mine to do or refrain from doing certain things in the interest of conservation or systematic
development of minerals or for the protection of environment by preventing or controlling pollution
which may be caused by prospecting or mining operations;
(m) the maintenance and submission of such plans, registers or records as may be specified by
the Government;
(n) the submission of records or reports by persons carrying on prospecting or mining operations
regarding any research in mining or geology carried out by them;
(o) the facilities to be afforded by persons carrying out prospecting or mining operations to
persons authorised by the Central Government for the purpose of undertaking research or training in
matters relating to mining or geology;
(p) the procedure for and the manner of imposition of fines for the contravention of any of the
rules framed under this section and the authority who may impose such fines; and
(q) the authority to which, the period within which, the form and the manner in which
applications for revision of any order passed by any authority under this Act and the rules made
thereunder may be made, the fee to be paid and the documents which should accompany such
applications.]
(3) All rules made under this section shall be binding on the Government.
2
[18A. Power to authorise Geological Survey of India, etc., to make investigation.―(1) Where
the Central Government is of opinion that for the conservation and development of minerals in India, it
is necessary to collect as precise information as possible with regard to any mineral available in or under
any land in relation to which any prospecting licence or mining lease has been granted, whether by the
State Government or by any other person, the Central Government may authorise the Geological Survey
of India, or such other authority or agency as it may specify in this behalf, to carry out such detailed
investigations for the purpose of obtaining such information as may be necessary:
Provided that in the cases of prospecting licences or mining leases granted by a State Government,
no such authorisation shall be made except after consultation with the State Government.
(2) On the issue of any authorisation under sub-section (1), it shall be lawful for the Geological
Survey of India or the specified authority or agency, and its servants and workmen—
(a) to enter upon such land,
(b) to dig or bore into the sub-soil,
(c) to do all other acts necessary to determine the extent of any mineral available in or under
such land,
(d) to set out boundaries of the land in which any mineral is expected to be found,
(e) to mark such boundaries and line by placing marks,

1. Ins. by Act 37 of 1986, s. 15 (w.e.f. 10-2-1987).

2. Ins. by Act 56 of 1972, s. 11 (w.e.f. 12-9-1972).

22
 (f) where otherwise the survey cannot be completed on the boundaries and line marked, to cut
down and clear away any part of any standing crop, fence or jungle:
Provided that no such authority or agency shall enter into any building or upon any enclosed court or
garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously
giving such occupier at least seven days' notice in writing of its intention to do so.
(3) Whenever any action of the nature specified in sub-section (2) is to be taken, the Central
Government shall, before or at the time when such action is taken, pay or tender payment for all
necessary damage which is likely to be caused, and in case of dispute as to the sufficiency of the amount
so paid or tendered or as to the person to whom it should be paid or tendered, the Central Government
shall refer the dispute to the principal civil court of original jurisdiction having jurisdiction over the land
in question.
(4) The fact that there exists any such dispute as is referred to in sub-section (3) shall not be a bar to
the taking of any action under sub-section (2).
(5) After the completion of the investigation, the Geological Survey of India or the specified
authority or agency by which the investigation was made shall submit to the Central Government a
detailed report indicating therein the extent and nature of any mineral which lies deposited in or under
the land.
(6) The costs of the investigation made under this section shall be borne by the Central Government:
Provided that where the State Government or other person in whom the minerals are vested or the
holder of any prospecting licence or mining lease applies to the Central Government to furnish to it or
him a copy of the report submitted under sub-section (5), that State Government or other person or the
holder of a prospecting licence or mining lease, as the case may be, shall bear such reasonable part of the
costs of investigation as the Central Government may specify in this behalf and shall, on payment of
such part of the costs of investigation, be entitled to receive from the Central Government a true copy of
the report submitted to it under sub-section (5).]
CHAPTER VII
MISCELLANEOUS
19. Prospecting licences and mining leases to be void if in contravention of Act.―Any
1
[reconnaissance permit, prospecting licence or mining lease] granted, renewed or acquired in
contravention of the provisions of this Act or any rules or orders made thereunder shall be void and of no
effect.
Explanation.―Where a person has acquired more than one 1[reconnaissance permit, prospecting
licence or mining lease] 2*** and the aggregate area covered by such 3[permits, licences or leases], as the
case may be, exceeds the maximum area permissible under section 6, only that 1[reconnaissance permit,
prospecting licence or mining lease] the acquisition of which has resulted in such maximum area being
exceeded shall be deemed to be void.
20. Act and rules to apply to all renewals of prospecting licences and mining leases.―The
provisions of this Act and the rules made thereunder shall apply in relation to the renewal after the
commencement of this Act of any prospecting licence or mining lease granted before such
commencement as they apply in relation to the renewal of a prospecting licence or mining lease granted
after such commencement.
4
[20A. Power of Central Government to issue directions.―(1) Notwithstanding anything
contained in this Act, the Central Government may issue such directions to the State Governments, as
may be required for the conservation of mineral resources, or on any policy matter in the national
interest, and for the scientific and sustainable development and exploitation of mineral resources.

1. Subs. by Act 38 of 1999, s. 16, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
2. The words “in any State” omitted by Act 25 of 1994, s. 8 (w.e.f. 25-1-1994).
3. Subs. by Act 38 of 1999, s. 16, for “licences or leases” (w.e.f. 18-12-1999).
4. Ins. by Act 10 of 2015, s. 18 (w.e.f. 12-1-2015).

23
 (2) In particular, and without prejudice to the generality of the foregoing powers, the Central
Government may also issue directions in respect of the following matters, namely:―
(i) improvement in procedure for grant of mineral concessions and to ensure co-ordination
among agencies entrusted with according statutory clearances;
(ii) maintenance of internet-based databases including development and operation of a mining
tenement system;
(iii) implementation and evaluation of sustainable development frameworks;
(iv) reduction in waste generation and related waste management practices and promotion of
recycling of materials;
(v) minimising and mitigating adverse environmental impacts particularly in respect of ground
water, air, ambient noise and land;
(vi) ensuring minimal ecological disturbance, in terms of bio-diversity, flora, fauna and habitat;
(vii) promoting restoration and reclamation activities so as to make optimal use of mined out
land for the benefit of the local communities; and
(viii) such other matters as may be necessary for the purposes of implementation of this Act.]
21. Penalties.―1[(1) Whoever contravenes the provisions of sub-section (1) or sub-section (1A) of
section 4 shall be punishable with imprisonment for a term which may extend to five years and with fine
which may extend to five lakh rupees per hectare of the area.
(2) Any rule made under any provision of this Act may provide that any contravention thereof shall
be punishable with imprisonment for a term which may extend to two years or with fine which may
extend to five lakh rupees, or with both, and in the case of a continuing contravention, with additional
fine which may extend to fifty thousand rupees for every day during which such contravention continues
after conviction for the first such contravention.]
(3) Where any person trespasses into any land in contravention of the provisions of sub-section (1)
of section 4, such trespasser may be served with an order of eviction by the State Government or any
authority authorised in this behalf by that Government and the State Government or such authorised
authority may, if necessary, obtain the help of the police to evict the trespasser from the land.
2
[(4) Whenever any person raises, transports or causes to be raised or transported, without any
lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, vehicle or
any other thing, such mineral tool, equipment, vehicle or any other thing shall be liable to be seized by
an officer or authority specially empowered in this behalf.
(4A) Any mineral, tool, equipment, vehicle or any other thing seized under sub-section (4), shall be
liable to be confiscated by an order of the court competent to take cognizance of the offence under
sub-section (1) and shall be disposed of in accordance with the directions of such court.]
(5) Whenever any person raises, without any lawful authority, any mineral from any land, the State
Government may recover from such person the mineral so raised, or, where such mineral has already
been disposed of, the price thereof, and may also recover from such person, rent, royalty or tax, as the
case may be, for the period during which the land was occupied by such person without any lawful
authority.
3
[(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence under sub-section (1) shall be cognizable.]
22. Cognizance of offences.―No court shall take cognizance of any offence punishable under this
Act or any rules made thereunder except upon complaint in writing made by a person authorised in this
behalf by the Central Government or the State Government.

1. Subs. by Act 10 of 2015, s. 19, for sub-sections (1) and (2) (w.e.f. 12-1-2015).
2. Subs. by Act 38 of 1999, s. 17, for sub-section (4) (w.e.f. 18-12-1999).
3. Ins. by Act 37 of 1986, s. 16 (w.e.f. 10-2-1987).

24
 23. Offences by companies.―(1) If the person committing an offence under this Act or any rules
made thereunder is a company, every person who at the time the offence was committed was in charge
of, and was responsible to the company for the conduct of the business of the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any
punishment, if he proves that the offence was committed without his knowledge or that he exercised all
due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been
committed with the consent or connivance of any director, manager, secretary or other officer of the
company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence
and shall be liable to be proceeded against and punished accordingly.
Explanation.―For the purposes of this section,―
(a) “company” means any body corporate and includes a firm or other association of individuals;
(b) “director” in relation to a firm means a partner in the firm.
1
[23A. Compounding of offences.―(1) Any offence punishable under this Act or any rule made
thereunder may, either before or after the institution of the prosecution, be compounded by the person
authorised under section 22 to make a complaint to the court with respect to that offence, on payment to
that person, for credit to the Government, of such sum as that person may specify:
Provided that in the case of an offence punishable with fine only, no such sum shall exceed the
maximum amount of fine which may be imposed for that offence.
(2) Where an offence is compounded under sub-section (1), 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.]
2
[23B. Power to search.―If any gazetted officer of the Central or a State Government authorised by
the Central Government 3[or a State Government, as the case may be,] in this behalf by genera! or
special order has reason to believe that any mineral has been raised in contravention of the provisions of
this Act or rules made thereunder or any document or thing in relation to such mineral is secreted in any
place 3[or vehicle], he may search for such mineral, document or thing and the provisions of section 100
of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every such search.]
4
[23C. Power of State Government to make rules for preventing illegal mining, transportation
and storage of minerals.―(1) The State Government may, by notification in the Official Gazette, make
rules for preventing illegal mining, transportation and storage of minerals and for the purposes connected
therewith.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
provide for all or any of the following matters, namely:―
(a) establishment of check-posts for checking of minerals under transit;
(b) establishment of weigh-bridges to measure the quantity of mineral being transported;
(c) regulation of mineral being transported from the area granted under a prospecting licence or a
mining lease or a quarrying licence or a permit, in whatever name the permission to excavate
minerals, has been given;
(d) inspection, checking and search of minerals at the place of excavation or storage or during
transit;
(e) maintenance of registers and forms for the purposes of these rules;

1. Ins. by Act 56 of 1972, s. 13 (w.e.f. 12-9-1972).

2. Ins. by Act 25 of 1994, s. 9 (w.e.f. 25-1-1994).
3. Ins. by Act 38 of 1999, s. 18 (w.e.f. 18-12-1999).
4. Ins. by s. 19, ibid. (w.e.f. 18-12-1999).

25
 (f) the period within which and the authority to which applications for revision of any order
passed by any authority be preferred under any rule made under this section and the fees to be paid
therefor and powers of such authority for disposing of such applications; and
(g) any other matter which is required to be, or may be, prescribed for the purpose of prevention
of illegal mining, transportation and storage of minerals.
(3) Notwithstanding anything contained in section 30, the Central Government shall have no power
to revise any order passed by a State Government or any of its authorised officers or any authority under
the rules made under sub-sections (1) and (2).]
24. Power of entry and inspection.―(1) For the purpose of ascertaining the position of the
working, actual or prospective, of any mine or abandoned mine or for any other purpose connected with
this Act or the rules made thereunder, any person authorised by the 1[Central Government or a State
Government] in this behalf, by general 2*** order, may―
(a) enter and inspect any mine;
(b) survey and take measurements in any such mine;
(c) weigh, measure or take measurements of the stocks of minerals lying at any mine;
(d) examine any document, book, register, or record in the possession or power of any person
having the control of, or connected with, any mine and place marks of identification thereon, and
take extracts from or make copies of such document, book, register or record;
(e) order the production of any such document, book, register, record, as is referred to in
clause (d); and
(f) examine any person having the control of, or connected with, any mine.
(2) Every person authorised by the 1[Central Government or a State Government] under
sub-section (1) shall be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code, and every person to whom an order or summons is issued by virtue of the powers conferred
by clause (e) or clause (f) of that sub-section shall be legally bound to comply with such order or
summons, as the case may be.
3
[24A. Rights and liabilities of a holder of prospecting licence or mining lease.―(1) On the issue
of a 4[reconnaissance permit, prospecting licence or mining lease] under this Act and the rules made
thereunder, it shall be lawful for the 5[holder of such permit, licence or lease], his agents or his servants
or workmen to enter the lands over which 6[such permit, lease or licence had been granted] at all times
during its currency and carry out all such 7[reconnaissance, prospecting or mining operations] as may be
prescribed:
Provided that no person shall enter into any building or upon an enclosed court or garden attached to
a dwelling-house (except with the consent of the occupier thereof) without previously giving such
occupier at least seven days’ notice in writing of his intention to do so.
(2) The holder of a 4[reconnaissance permit, prospecting licence or mining lease] referred to in
sub-section (1) shall be liable to pay compensation in such manner as may be prescribed to the occupier
of the surface of the land granted under 8[such permit, licence or lease] for any loss or damage which is
likely to arise or has arisen from or in consequence of the 9[reconnaissance, mining or prospecting
operations].

1. Subs. by Act 38 of 1999, s. 20, for “Central Government” (w.e.f. 18-12-1999).

2. The words “or special” omitted by s. 20, ibid. (w.e.f. 18-12-1999).
3. Ins. by Act 37 of 1986, s. 17 (w.e.f. 10-2-1987).
4. Subs. by Act 38 of 1999, s. 21, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
5. Subs. by s. 21, ibid., for “holder of such licence or lease” (w.e.f. 18-12-1999).
6. Subs. by s. 21, ibid., for “such lease or licence had been granted” (w.e.f. 18-12-1999).
7. Subs. by s. 21, ibid., for “prospecting or mining operations” (w.e.f. 18-12-1999).
8. Subs. by s. 21, ibid., for “such licence or lease” (w.e.f. 18-12-1999).
9. Subs. by s. 21, ibid., for “mining or prospecting operations” (w.e.f. 18-12-1999).

26
 (3) The amount of compensation payable under sub-section (2) shall be determined by the State
Government in the manner prescribed.]
25. Recovery of certain sums as arrears of land revenue.―1[(1)] Any rent, royally, tax, fee or
other sum due to the Government under this Act or the rules made thereunder or under the terms and
conditions of any 2[reconnaissance permit, prospecting licence or mining lease] may, on a certificate of
such officer as may be specified by the State Government in this behalf by general or special order, be
recovered in the same manner as an arrear of land revenue.
3
[(2) Any rent, royalty, tax, fee or other sum due to the Government either under this Act or any rule
made thereunder or under the terms and conditions of any 2[reconnaissance permit, prospecting licence
or mining lease] may, on a certificate of such officer as may be specified by the State Government in this
behalf by general or special order, be recovered in the same manner as if it were an arrear of land
revenue and every such sum which becomes due to the Government after the commencement of the
Mines and Minerals (Regulation and Development) Amendment Act, 1972 (56 of 1972), together with
the interest due thereon shall be a first charge on the assets of the holder of the 2[reconnaissance permit,
prospecting licence or mining lease], as the case may be.]
26. Delegation of powers.―(1) The Central Government may, by notification in the Official
Gazette, direct that any power exercisable by it under this Act may, in relation to such matters and
subject to such conditions, if any, as may be specified in the notification be exercisable also by―
(a) such officer or authority subordinate to the Central Government; or
(b) such State Government or such officer or authority subordinate to a State Government, as
may be specified in the notification.
(2) The State Government may, by notification in the Official Gazette, direct that any power
exercisable by it under this Act may, in relation to such matters and subject to such conditions, if any, as
may be specified in the notification, be exercisable also by such officer or authority subordinate to the
State Government as may be specified in the notification.
(3) Any rules made by the Central Government under this Act may confer powers and impose duties
or authorise the conferring of powers and imposition of duties upon any State Government or any officer
or authority subordinate thereto.
27. Protection of action taken in good faith.―No suit, prosecution or other legal proceedings shall
lie against any person for anything which is in good faith done or intended to be done under this Act.
28. Rules and notifications to be laid before Parliament and certain rules to be approved by
Parliament.―4[(1) Every rule and every notification made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each House of Parliament while it is in session
for a total period of thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or the successive
sessions aforesaid, both Houses agree in making any modification in the rule or notification or both
Houses agree that the rule or notification should not be made, the rule or notification shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything previously done under
that rule or notification.]
(2) Without prejudice to the generality of the rule making power vested in the Central Government,
no rules made with reference to clause (c) of sub-section (2) of section 16 shall come into force until
they have been approved, whether with or without modifications, by each House of Parliament.

1. Section 25 re-numbered as sub-section (1) thereof by Act 56 of 1972, s. 14 (w.e.f. 12-9-1972).

2. Subs. by Act 38 of 1999, s. 22, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).
3. Ins. by Act 56 of 1972, s. 14 (w.e.f. 12-9-1972).
4. Subs. by s. 15, ibid., for sub-section (1) (w.e.f. 12-9-1972).

27
 1
[(3) Every rule and every notification made by the State Government under this Act shall be laid, as
soon as may be after it is made, before each House of the State Legislature where it consists of two
Houses, or where such Legislature consists one House, before that House.]
29. Existing rules to continue.―All rules made or purporting to have been made under the Mines
and Minerals (Regulation and Development) Act, 1948 (53 of 1948), shall, in so far as they relate to
matters for which provision is made in this Act and are not inconsistent therewith, be deemed to have
been made under this Act as if this Act had been in force on the date on which such rules were made and
shall continue in force unless and until they are superseded by any rules made under this Act.
2
[30. Power of revision by Central Government.―The Central Government may, of its own
motion or on an application made within the prescribed time by an aggrieved party,―
(a) revise any order made by a State Government or other authority in exercise of the powers
conferred on it by or under this Act with respect to any mineral other than a minor mineral; or
(b) where no such order has been made by the State Government or other authority in exercise of
the powers conferred on it by or under this Act with respect to any mineral other than a minor
mineral within the time prescribed therefore, pass such order as it may think fit and appropriate in
the circumstances:
Provided that in cases covered by clause (b) the Central Government shall, before passing any
order under this clause, give an opportunity of being heard or to represent in the matter.]
3
[30A. Special provisions relating to mining leases for coal granted before 25th October,
1949.―Notwithstanding anything contained in this Act, the provisions of sub-section (1) of section 9
and sub-section (1) of section 16 shall not apply to or in relation to mining leases granted before the 25th
day of October, 1949, in respect of coal, but the Central Government, if it is satisfied that it is expedient
so to do, may, by notification in the Official Gazette, direct that all or any of the said provisions
(including any rules made under sections 13 and 18) shall apply to or in relation to such leases subject to
such exceptions and modifications, if any, as may be specified in that or in any subsequent notification.]
4
[30B. Constitution of Special Courts.―(1) The State Government may, for the purposes of
providing speedy trial of offences for contravention of the provisions of sub-section (1) or
sub-section (1A) of section 4, constitute, by notification, as many Special Courts as may be necessary for
such area or areas, as may be specified in the notification.
(2) A Special Court shall consist of a Judge who shall be appointed by the State Government with
the concurrence of the High Court.
(3) A person shall not be qualified for appointment as a judge of a Special Court unless he is or has
been a District and Sessions Judge.
(4) Any person aggrieved by the order of the Special Court may prefer an appeal to the High Court
within a period of sixty days from the date of such order.
30C. Special Courts to have powers of Court of Session.―Save as otherwise provided in this Act,
the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to the proceedings before the Special
Court and for the purpose of the provisions of this Act, the Special Court shall be deemed to be a Court
of Session and shall have all powers of a Court of Session and the person conducting a prosecution
before the Special Court shall be deemed to be a public prosecutor.]
31. Relaxation of rules in special cases.―The Central Government may, if it is of opinion that in
the interests of mineral development it is necessary so to do, by order in writing and for reasons to be
recorded, authorise in any case the grant, renewal or transfer of any 5[reconnaissance permit, prospecting

1. Ins. by Act 25 of 1994, s. 10 (w.e.f. 25-1-1994).

2. Subs. by Act 10 of 2015, s. 20, for section 30 (w.e.f. 12-1-2015).
3. Ins. by Act 15 of 1958, s. 2 (w.e.f. 15-5-1958).
4. Ins. by Act 10 of 2015, s. 21 (w.e.f. 12-1-2015).
5. Subs. by Act 38 of 1999, s. 23, for “prospecting licence or mining lease” (w.e.f. 18-12-1999).

28
licence or mining lease], or the working of any mine for the purpose of searching for or winning any
mineral, on terms and conditions different from those laid down in the rules made under section 13.
32. [Amendments to Act 53 of 1948].―Rep. by the Repealing and Amending Act, 1960 (58 of 1960),
s. 2 and the First Schedule (w.e.f. 26-12-1960).
33. Validation of certain acts and indemnity.―All acts of executive authority done, proceedings
taken and sentences passed under the Mines and Minerals (Regulation and Development) Act, 1948 (53
of 1948), with respect to the regulation of mines and the development of minerals during the period
commencing on the 26th day of January, 1950, and ending with the date of commencement of this Act
by the Government or by any officer of the Government or by any other authority, in the belief or
purported belief that the acts, proceedings of sentences were being done, taken or passed under the said
Act, shall be as valid and operative as if they had been done, taken or passed in accordance with law, and
no suit or other legal proceeding shall be maintained or continued against any person whatsoever, on the
ground that any such acts, proceedings or sentences were not done, taken or passed in accordance with
law.

29
 1
[THE FIRST SCHEDULE
2
[See sections 4(3), 5(1), 7(2) and [8(1), 8A(1), 10A, 10B(1), 10C(1), 11(1), 11B, 11C, 12A(1), and
17A(2A)]]
SPECIFIED MINERALS
PART A
Hydro carbons/energy minerals
1. Coal and lignite.
PART B
Atomic minerals
1. Beryl and other beryllium-bearing minerals.
2. Lithium-bearing minerals.
3. Minerals of the “rare earths” group containing Uranium and Thorium.
4. Niobium-bearing minerals.
5. Phosphorites and other phosphatic ores containing Uranium.
6. Pitchblende and other Uranium ores.
3
[7. Titanium bearing minerals and ores (ilmenite, rutile and leucoxene).]
8. Tantallium-bearing minerals.
9. Uraniferous allanite, monazite and other thorium minerals.
10. Uranium bearing tailings left over from ores after extraction of copper and gold, ilmentie and
other titanium ores.
4
[11. Zirconium-bearing minerals and ores including Zircon.]
PART C
Metallic and non-metallic minerals
1. Asbestos.
2. Bauxite.
3. Chrome ore.
4. Copper ore.
5. Gold.
6. Iron ore.
7. Lead.
5
***
9. Manganese ore.
10. Precious stones.
11. Zinc.]

1. Subs. by Act 25 of 1994, s. 12, for the First Schedule (w.e.f. 25-1-1994).
2. Subs. by Act 10 of 2015, s. 22, for “8(2)” (w.e.f. 12-1-2015).
3. Subs. by Act 38 of 1999, s. 24, for item 7 (w.e.f. 18-12-1999).
4. Subs. by s. 24, ibid., for item 11 (w.e.f. 18-12-1999).
5. Omitted by s. 24, ibid. (w.e.f. 18-12-1999).

30
 1
[SECOND SCHEDULE
(See section 9)
RATES OF ROYALTY IN RESPECT OF MINERALS AT ITEMS 1 TO 9, 11 TO 40 AND 42 TO 55
1. Apatite and Rock Phosphate:
(i) Apatite Five per cent. of average sale price on ad valorem basis.
(ii) Rock Phosphate Twelve and half per cent. of average sale price on ad
valorem basis.
(a) Above 25% P2O5
Six per cent. of average sale price on ad valorem basis.
(b) Upto 25% P2O5
2. Asbestos:
(i) Chrysotile Eight Hundred and Eighty rupees per tonne.
(ii) Amphibole Fifteen per cent. of average sale price on ad valorem
basis.
3. Barytes: Six and half per cent. of average sale price on ad
valorem basis.
4. Bauxite and Laterite: (a) Metallurgical Grade:
Zero point six zero per cent. of London Metal Exchange
Aluminium metal price chargeable on the contained
aluminium metal in ore produced for those dispatched
for use in alumina and aluminium metal extraction.
(b) Non Metallurgical Grade:
Twenty five per cent. of average sale price on
ad valorem basis for those dispatched for use other than
alumina and aluminium metal extraction.
5. Brown Ilmenite Two per cent. of average sale price on ad valorem basis.
(Leucoxene), Ilmenite, Rutile
and Zircon:
6. Cadmium: Fifteen per cent. of average sale price on ad valorem
basis.
7. Calcite: Fifteen per cent. of average sale price on ad valorem
basis.
8. China clay or Kaolin:
(including ball clay and white
shale, white clay)
(i) Crude Eight per cent. of average sale price on ad valorem basis.
(ii) Processed (including Twelve per cent. of average sale price on ad valorem
washed) basis.
9. Clay others: Twenty rupees per tonne.
10. Coal (including Lignite): *
11. Chromite: Fifteen per cent. of average sale price on ad valorem
basis.
12. Columbite-tantalite: Ten per cent. of average sale price on ad valorem basis.

1. Subs. by notification No. G.S.R. 630(E), for the Second Schedule (w.e.f. 1-9-2014).

31
13. Copper: Four point six two per cent. of London Metal Exchange
Copper metal price chargeable on the contained copper
metal in ore produced.
14. Diamond: Eleven point five per cent. of average sale price on
ad valorem basis.
15. Dolomite: Seventy-five rupees per tonne.
16. Dunite: Thirty rupees per tonne.
17. Felspar: Fifteen per cent. of average sale price on ad valorem
basis.
18. Fire Clay: Twelve per cent. of average sale price on ad valorem
(including plastic, pipe, basis.
lithomargic and natural
pozzolanic clay)
19. Fluorspar: Eight per cent. of average sale price on ad valorem basis.
(also called fluorite)
20. Garnet:
(i) Abrasive Four per cent. of average sale price on ad valorem basis.
(ii) Gem Ten per cent. of average sale price on ad valorem basis.
21. Gold:
(i) Primary Four per cent. of London Bullion Market Association
Price (commonly referred to as London Price) chargeable
on the gold metal in ore produced.
(ii) By-product gold Three point three per cent. of London Bullion Market
Association Price (commonly referred to as London
Price) chargeable on the by-product gold metal actually
produced.
22. Graphite:
(i) With 80 per cent. or more Two hundred and twenty-five rupees per tonne.
fixed carbon
(ii) With 40 per cent. or more One hundred and fifty rupees per tonne.
fixed carbon but less than 80
per cent. fixed carbon
(iii) With 20 per cent. or more Sixty-five rupees per tonne.
fixed carbon but less than 40
per cent. fixed carbon
(iv) With less than 20 per cent. Twenty-five rupees per tonne.
fixed carbon
23. Gypsum: Twenty per cent. of average sale price on ad valorem
basis.
24. Iron Ore: Fifteen per cent. of average sale price on ad valorem
basis.
(CLO, Lumps, fines and
concentrates all grades)

32
25. Lead: (a) Eight point five per cent. of London Metal Exchange
Lead metal price chargeable on the contained lead metal
in ore produced.
(b) Fourteen point five per cent. of London Metal
Exchange Lead metal price chargeable on the contained
lead metal in the concentrate produced.
26. Limestone:
(i) L. D. Grade (less than 1.5 Ninety rupees per tonne.
per cent. silica content)
(ii) Others Eighty rupees per tonne.
27. Lime kankar: Eighty rupees per tonne.
28. Limeshell: Eighty rupees per tonne.
29. Magnesite: Three per cent. of average sale price on ad valorem
basis.
30. Manganese Ore:
(i) Ore of all grade Five per cent. of average sale price on ad valorem basis.
(ii) Concentrates One point seven per cent. of average sale price on
ad valorem basis.
31. Marl: Sixty rupees per tonne.
32. Crude Mica, waste mica Four per cent. of average sale price on ad valorem basis.
and scrap mica:
33. Monazite: One hundred and twenty-five rupees per tonne.
34. Nickel: Zero point one two per cent. of London Metal Exchange
Nickel metal price chargeable on the contained nickel
metal in ore produced.
35. Ochre: Twenty-four rupees per tonne.
36. Pyrites: Two per cent. of average sale price on ad valorem basis.
37. Pyrophyllite: Twenty per cent. of average sale price on ad valorem
basis.
38. Quartz: Fifteen per cent. of average sale price on ad valorem
basis.
39. Ruby: Ten per cent. of average sale price on ad valorem basis.
40. Sand (others): Twenty rupees per tonne.
41. Sand for stowing: **
42. Shale: Sixty rupees per tonne.
43. Silica sand and moulding Ten per cent. of average sale price on ad valorem basis.
sand and Quartzite:
44. Sillimanite: Two point five per cent. of average sale price on
ad valorem basis.

33
 45. Silver:
(i) By-product Seven per cent. of London Metal Exchange Price
chargeable on by-product silver metal actually produced.
(ii) Primary Silver Five per cent. of London Metal Exchange Silver Metal
Price chargeable on the contained silver metal in ore
produced.
46. Slate: Forty-five rupees per tonne.
47. Talc, Steatite and Eighteen per cent. of average sale price on ad valorem
Soapstone: basis.
48. Tin: Seven point five per cent. of London Metal Exchange
Tin metal price chargeable on the contained tin metal in
ore produced.
49. Tungsten: Twenty rupees per unit per cent. of contained WO3 per
tonne of ore and on pro rata basis.
50. Uranium: Two per cent. of annual compensation amount received
by M/s. Uranium Corporation of India Ltd., to be
apportioned among the States on the basis of data
provided by Department of Atomic Energy.
51. Vanadium: Twenty per cent. of average sale price on ad valorem
basis.
52. Vermiculite: Five per cent. of average sale price on ad valorem basis.
53. Wollastonite: Fifteen per cent. of average sale price on ad valorem
basis.
54. Zinc: (a) Nine point five per cent. of London Metal Exchange
Zinc metal price on ad valorem basis chargeable on
contained zinc metal in ore produced.
(b) Ten per cent. of London Metal Exchange Zinc metal
price on ad valorem basis chargeable on contained zinc
metal in concentrate produced.
55. All other minerals not Twelve per cent. of average sale price on ad valorem
herein before specified (Agate, basis.
Corundum, Diaspore, Felsite,
Fuschite-Quartzite, Jasper,
Kyanite, Perlite, Pyroxenite,
Rock Salt, Selenite, etc.)
Notes:―
1. * Rates of royalty in respect of item No. 10 relating to Coal (including Lignite) as revised vide
notification number G.S.R. 349(E), dated the 10th May, 2012 read with corrigendum G.S.R. 525(E),
dated the 14th June, 2012 of the Government of India in the Ministry of Coal shall remain in force until
revised through a separate notification by the Ministry of Coal.
2. ** Rates of royalty in respect of item No. 41 relating to Sand for stowing revised vide notification
number G.S.R. 214(E), dated the 11th April, 1997, will remain in force until revised through a separate
notification by the Ministry of Coal.]

34
 1
[THIRD SCHEDULE
(See section 9A)
Rates of Dead Rent
1. Rates of dead rent applicable to the leases granted for low value minerals are as under:
RATES OF DEAD RENT IN RUPEES PER HECTARE PER ANNUM
From 2nd Year of Lease 3rd and 4th Year of Lease 5th Year onwards
400 1000 2000
2. Two times the rate specified at paragraph 1 above in case of lease granted for medium value minerals.
3. Three times the rate specified at paragraph 1 above in case of lease granted for high value minerals.
4. Four times the rate specified at paragraph 1 above in case of lease granted for precious metals and
stones.
Note:
1. For the purpose of this notification:―
(a) “precious metals and stones” means gold, silver, diamond, ruby, sapphire and emerald;
(b) “high value minerals” means semi-precious stones (agate, gem garnet), corundum, copper, lead,
zinc, and asbestos (chrysotile variety);
(c) “medium value minerals” means chromite, manganese ore, kyanite, sillimanite, vermiculite,
magnesite, wollastonite, perlite, diaspore, apatite, rock phosphate, fluorite (fluorspar), barytes, and iron
ore;
(d) “low value minerals” means the minerals other than precious metals and stones, high value
minerals and medium value minerals.]

1. Subs. by notification No. G.S.R.631(E), for “Third Schedule” (w.e.f. 1-9-2014).

35
 1
[THE FOURTH SCHEDULE
[See clause (ea) of section 3]
Notified Minerals
1. Bauxite.
2. Iron ore.
3. Limestone.
4. Manganese ore.]

1. Ins. by Act 10 of 2015, s. 23 (w.e.f. 12-1-2015).

36
 Government of India
Ministry of Mines

MINERAL CONCESSION RULES, 1960

(As amended up to 26th July, 2012)

Issued by

CONTROLLER GENERAL,
INDIAN BUREAU OF MINES,
NAGPUR

October, 2012

Price: (Inland) Rs. 195.00; (Foreign) £ 2.53 or $ 4.24

_____________________________
Printed at IBM Press, 15/500/August, 2005
 CONTENTS
Rule Page No.

CHAPTER I - Preliminary

1. Short title 1
2. Definitions 1
3. Saving of Act 33 of 1962 1

CHAPTER II – Grant of Reconnaissance Permit

4. Application for reconnaissance permit 2

4A. Acknowledgement of application 3
5. Refusal of application for a reconnaissance permit 3
6. Status of grant on death of the applicant 3
for reconnaissance permit
7. Conditions of a reconnaissance permit 3
7A. Reconnaissance permit to be executed within three months 5
7B. Security deposit 6
7C. Prospecting Licences and Mining Leases of other minerals 6
7D. Registers 6

CHAPTER III – Grant of Prospecting Licences in Respect of Land

in which the Minerals Vest in the Government

8. Applicability of Chapter II, Chapter III & Chapter IV 7

9. Application for prospecting licence and its renewal 7
10. Acknowledgement of application 9
10A. (Omitted.) 9
11. Disposal of application for grant and renewal of prospecting licence 9
12. Refusal of application for a prospecting licence 10
13. (Omitted) 10
13A. Status of grant on death of the applicant for prospecting licence 11
14. Conditions of a prospecting licence 11
15. Licence to be executed within three months 14
15A. Transfer of licence to be executed within three months 14
16. Report of information obtained by the licensee 14
17. (Omitted.) 15
18. Maintenance of accounts 15
19. Inspection 15
20. Security deposit 15
21. Registers 15

CHAPTER IV – Grant of Mining Leases in Respect of Land

in which the Minerals Vest in the Government

22. Applications for grant of mining leases 16

22A. Mining operations to be in accordance with mining plans 21
 ii

22B. Mining plan to be prepared by recognised persons 21

22BB. Procedure for approval of mining plans 22
22C. Grant of recognition by Central Government 23
22D. Minimum size of the mining lease 24
23. Acknowledgement of application 24
23A. (Omitted.) 24
24. Disposal of application for mining lease 24
24A. Renewal of mining lease 25
24B. Renewal of a mining lease in favour of a person using 26
the mineral in his own industry
25. (Omitted.) 26
25A. Status of the grant on the death of applicant for mining lease 27
26. Refusal of application for grant and renewal of mining lease 27
27. Conditions 27
28. Lapsing of leases 32
28A. Submission of an application to the State Govt. explaining the 34
reasons for non-commencement or discontinuance of mining operations
29. Restriction on determination of lease 34
29A. Provision for closure 36
30. Rights of lessee 36
31. Lease to be executed within six months 36
32. Security deposit 37
33. Survey of the area leased 37
34. Manner of exercise of preferential rights for mining lease 37
35. Preferential rights of certain persons 37
36. Boundaries below the surface 37
37. Transfer of lease 37
37A. Transfer of lease to be executed within three months 39
38. Amalgamation of leases 39
39. Pending applications for transfer and amalgamation 39
40. Registers 39

CHAPTER V – Procedure for Obtaining a Prospecting Licence or Mining

Lease in Respect of Land in which the Minerals Vest in a
Person Other than the Government

41. Applicability of this chapter 40

42. Restrictions on the grant of prospecting licence and mining lease 40
43. Renewal of prospecting licence ( Omitted.) 40
44. Conditions of prospecting licence 40
45. Conditions of mining lease 41
46. Transfer or assignment 42
47. Submission of copy of licence or lease 42
48. Communication of transfer or assignment 42
49. Prohibition of premium 42
50. Prohibition of working of mines 42
51. Returns and statements 42
52. Penalty 42
 iii

CHAPTER VI – Grant of Prospecting Licences and Mining Leases

in Respect of Land in which the Minerals Vest Partly in
the Government and Partly in Private Persons

53. Chapters III and IV to apply to prospecting licences and mining leases 44
in respect of minerals which vest partly in Government and partly
in private persons

CHAPTER VII – Revision

54. Application for revision 45

55. Orders on revision application 45

CHAPTER VIII – Miscellaneous

56. Power to rectify apparent mistakes 47

57. Copies of licences and leases and annual returns to be 47
supplied to Government
58. Reservation of areas for exploitation in the public sector, etc. (Omitted.) 47
59. Availability of area for regrant to be notified 47
60. Premature applications 48
61. Lessor to supply certain information to the lessee 49
62. Change of name, nationality, etc. to be intimated 49
63. Previous approval of the Central Govt. to be obtained through State Govt. 49
63A Time limit to State Government to dispose of application for 49
reconnaissance permit, prospecting licence and mining lease
64. How the fees and deposit to be made 50
64A. Charging of interests on rent, royalty, fee or other sum 50
64B. Charging of Royalty in case of minerals subjected to processing 50
64C. Royalty on tailings or rejects 50
64D. Guidelines for computing royalty on minerals on ad valorem basis 51
65. Facilities for training of students 53
66. Geophysical data to be supplied to the Geological Survey of India 53
and the Department of Atomic Energy
66A. Prospecting/mining operations for atomic minerals in the area 54
already held by licensee/lessee
67. Lease period 55
68. Repeal 55

CHAPTER - IX

69. Associated minerals 56

70. Sand not be treated as minor mineral when used for certain purposes 57
71. ( Omitted.) 57
 iv

CHAPTER - X

72. Payment of compensation to owner of surface rights, etc. 58

73. Assessment of compensation for damage 58
74. Issue of notification where prospecting operations are to 58
be undertaken by the Geological Survey of India, etc.
75. Prospecting or mining operation by State Government 59

SCHEDULE I

Index 60
Form A Application for Reconnaissance Permit 61
Form B Application for Prospecting Licence 64
Form D Receipt of applications for Prospecting Licence/ 67
Mining Lease or renewals
Form D-1 Receipt of application for Reconnaissance Permit 68
Form E Application for renewal of Prospecting Licence 69
Form F Prospecting Licence Deed 71
Form F-1 Reconnaissance Permit Deed 85
Form G Register of applications for Prospecting Licences 96
Form G-1 Register of applications for Reconnaissance Permits 97
Form H Register of Prospecting Licences 98
Form H-1 Register of Reconnaissance Permits 99
Form I Application for Mining Lease 100
Form J Application for renewal of Mining Lease 105
Form K Mining Lease Deed 108
Form L Register of application for Mining Lease 130
Form M Register of Mining Leases 131
Form N Application for revision 132
Form O Model form for transfer of Mining Lease 134
Form P Model form for transfer of Prospecting Licences 138

SCHEDULE II - Application fee for prospecting licences 142

SCHEDULE III - Maximum quantities of ore and minerals removable 142

SCHEDULE IV - Omitted. 143

SCHEDULE V - Institutions/Banks/Corporations 143

…………………
 1

MINERAL CONCESSION RULES, 1960

G.S.R. 1398, dated the 11th November, 1960 - In exercise of the powers
conferred by section 13 of the Mines and Minerals (Regulation and Development)
Act, 1957 (67 of 1957), the Central Government hereby makes the following
rules, namely :-
CHAPTER I
Preliminary

1. Short title :- These rules may be called the Mineral Concession Rules, 1960.

2. Definitions :- In these rules, unless the context otherwise requires, -

(i) “Act” means the Mines and Minerals 1[(Development and Regulation )]
Act,1957 ( 67 of 1957);

(ii) “Form” means a form set out in Schedule I to these rules;

2
[(iia) “illegal mining” means any reconnaissance or prospecting or mining
operation undertaken by any person or a company in any area without
holding a reconnaissance permit or a prospecting licence or as the case may
be, a mining lease as required under sub-section(1) of section 4 of the Act.

Explanation – For the purpose of this clause, -

(a) Violation of any rules, other than the rules made under section 23C of the
Act, within the mining lease area by a holder of a mining lease shall not
include illegal mining.
(b) Any area granted under a reconnaissance permit or a prospecting licence or a
mining lease, as the case may be shall be considered as an area held with
lawful authority by the holder of such permit of licence or a lease, while
determining the extension of illegal mining.]

(iii) “railway” and “railway administration” have the meanings respectively

assigned to them in the Indian Railways Act, 1890 (9 of 1890);

(iv) “Schedule” means a Schedule appended to these rules;

(v) “section” means a section of the Act.

3. Saving of Act 33 of 1962 :– Nothing in these rules shall affect the

provisions of the Atomic Energy Act, 1962 ( 33 of 1962) 3[and the rules made
thereunder in respect of licensing relating to atomic minerals listed in Part B of
the First Schedule to the Act.]

1 Substituted by G.S.R.56 (E) , dated 17.1.2000. 2 Inserted by G.S.R.593(E), dated 26.7.2012

3 Inserted by G.S.R.56 (E) , dated 17.1.2000
 2

1
[ CHAPTER II
Grant of Reconnaissance Permits

4. Application for reconnaissance permit :– (1) An application for

reconnaissance permit shall be made to the State Government in Form `A’
through such officer or authority as the State Government may specify in this
behalf.

(2) (a) Every such application shall be accompanied by a non-refundable

fee calculated at the rate of five rupees per square kilometre.

(b) A valid clearance certificate, in the form prescribed by the State

Government for payment of mining dues, such as royalty or dead rent
or surface rent payable under the Act or rules made thereunder, from
that Government or any officer or authority authorised by that
Government in this behalf :

Provided that where a person has furnished an affidavit to the satisfaction

of the State Government stating that he does not hold and has not held a
reconnaissance permit, it shall not be necessary for him to produce the said valid
clearance certificate :

Provided that an affidavit stating that no dues are outstanding shall suffice
subject to the condition that the certificate required as above shall be furnished
within ninety days of the date of application and the application shall become
invalid if the party fails to file the certificate within the said ninety days :

Provided also that where any injunction has been issued by a court of law
or any other competent authority staying the recovery of any such mining dues or
income tax, non- payment thereof shall not be treated as a disqualification for the
purpose of granting the reconnaissance permit :

Provided further that in case the applicant is a partnership firm or a private

limited company, such certificate shall be furnished by all persons of the
partnership firm or, as the case may be, all members of the private limited
company.

(c) An affidavit stating that the applicant has -

(i) filed up-to-date income- tax returns;

(ii) paid the income- tax assessed on him; and
(iii) paid the income tax on the basis of his assessment as
provided in the Income Tax Act, 1961(43 of 1961).

1 Substituted by G.S.R.56 (E) , dated 17.1.2000.

 3

(d) An affidavit showing the particulars of areas, mineral-wise in the

State, which the applicant or any person jointly with him -

(i) already holds under a reconnaissance permit;

(ii) has applied for but not granted; and
(iii) being applied for simultaneously.

4A. Acknowledgement of application :– (1) Where an application for

the grant of reconnaissance permit is delivered personally, its receipt shall be
acknowledged forthwith.

(2) Where such application is received by registered post, its receipt shall
be acknowledged on the same day.

(3) In any other case, the receipt of such application shall be

acknowledged within three days of the receipt.

(4) The receipt of every such application shall be acknowledged in Form

‘D-1’.

5. Refusal of application for a reconnaissance permit :- (1) The State

Government may after giving an opportunity of being heard and for reasons to be
recorded in writing and communicated to the applicant, refuse to grant a
reconnaissance permit over the whole or part of the area applied for.

(2) Where it appears that the application is not complete in all material
particulars or is not accompanied by the required documents, the State
Government shall, by notice, require the applicant to supply the omission or, as
the case may be, furnish the documents without delay and in any case not later
than thirty days from the date of receipt of the said notice by the applicant.

6. Status of grant on death of the applicant for reconnaissance permit:

(1) Where an applicant for the grant of reconnaissance permit dies before
the order granting him a reconnaissance permit is passed , the application for the
grant of reconnaissance permit shall be deemed to have been made by his legal
representatives.

(2) In the case of an applicant in respect of whom an order granting a

reconnaissance permit is passed but who dies before the deed referred in sub- rule
(1) of rule 7A is executed, the order shall be deemed to have been passed in the
name of the legal representative of the deceased.

7. Conditions of a reconnaissance permit :- (1) Every reconnaissance

permit granted under these rules, shall, in addition to any other conditions that
may be specified therein be subject to the following conditions namely,
 4

(i) The holder of reconnaissance permit shall progressively

relinquish the area granted under the permit as follows : -

(a) After completion of two years, the area shall be reduced

to one thousand square kilometers or fifty percent of the
area granted, whichever is less; and

(b) The area would be further relinquished so that the

permit holder is left with an area not more than twenty
five square kilometres at the end of third year.

(ii) The holder of the reconnaissance permit shall strictly adhere to

the minimum expenditure commitment and specific physical
targets specified in the order of grant of the permit failing which
reconnaissance permit may be cancelled.

(iii) The holder of reconnaissance permit shall make available all

data collected by him during the reconnaissance operations to the
Geological Survey of India, Indian Bureau of Mines and the State
Government which may be made available to any prospecting
investor after a minimum period of two years of the completion of
the period of reconnaissance permit.

(iv) The holder of reconnaissance permit shall not enter any forest
land or any private land without obtaining permission of the Forest
Department or the owner of the private land, as the case may be.

(v) The holder of reconnaissance permit shall maintain accurate

faithful account of all the expenses incurred by him on the
reconnaissance operations.

(vi) The holder of reconnaissance permit shall submit to the State

Government a six monthly report of the work done by him and the
valuable data collected by him during the period. The report shall
be submitted within 3 months of the close of the period to which it
relates.

(vii) The permit holder shall also submit to the State Government
within three months of the expiry of the permit, or abandonment of
the operations or termination of the permit whichever is earlier, a
full report of the work done by him and all information relevant to
mineral resources acquired by him in the course of reconnaissance
permit in the area covered by the permit.

(viii) While submitting reports under sub clause (vi) or (vii), the
permit holder may specify that the whole or any part of the report
 5

or data submitted by him shall be kept confidential; and the State

Government shall thereupon, keep the specified portions as
confidential for a period of two years from the expiry of the
permit, or abandonment of operations or termination of the permit,
whichever is earlier.

(ix) The permit holder shall allow every officer authorised by the
Central Government or the State Government in this behalf to
examine at any time accounts maintained and furnish the Central
Government or the State Government or any other officer
authorised by it in that behalf such information and returns.

(x) The permit holder shall allow any officer authorised by the
Central Government or the State Government in this behalf to
inspect any reconnaissance operations carried on by him.

(xi) The permit holder shall pay such permit fee as may be fixed by
the State Government, being not less than five rupees per square
kilometre and not more than twenty rupees per square kilometre of
land held by the permit holder for each year or part thereof.

(2) The reconnaissance permit may contain such other conditions as may
be imposed by the Central Government which inter-alia may include the condition
that the representative of the Directorate General, Civil Aviation or Ministry of
Defence shall be present during the aerial surveys.

(3) The State Government may, with the approval of the Central
Government, impose such further conditions in the permit as it may think
necessary in the interest of mineral development and for compliance of various
legal provisions.

(4) In case of breach of any condition imposed on any holder of

reconnaissance permit by or under this rule, the State Government may by order
in writing, cancel the permit, and/or forfeit in whole or in part, the amount
deposited by the permit holder as security :

Provided that no such order shall be made without giving the permit
holder a reasonable opportunity of stating his case.

7A. Reconnaissance Permit to be executed within three months :-

(1) Where on any application for a reconnaissance permit an order has
been made for the grant of such permit, a deed granting such permit shall be
executed within ninety days of the date of the communication of the order or such
further period as the State government may allow in this behalf, and if no such
deed is executed within such period due to any fault on the part of the applicant,
 6

the State Government may revoke the order granting the reconnaissance permit
and in that event the fee paid shall be forfeited to the State Government.

(2) The deed referred to in sub rule 1 shall be in Form F-1, or in a Form
as near thereto as circumstances of each case may require.

(3) The date of the commencement of the period for which a

reconnaissance permit is granted shall be the date on which the deed is executed
after all necessary clearances have been obtained.

7B. Security deposit :– (i) An applicant for a reconnaissance permit shall,

before deed referred to in sub-rule (1) of rule 7A is executed, deposit as security
for the observance of the terms and conditions of the permit a sum of twenty
rupees in respect of every square kilometre or part thereof for which the permit is
granted.

(ii) Any deposit made under sub-clause (i) above if not forfeited under the
rules shall be refunded to the applicant as soon as the report referred to in sub-
rule (1) (vii) of rule 7 is submitted.

7C. Prospecting Licences and Mining Leases of other minerals :- The

applications received for grant of prospecting licences or mining leases within the
area granted under reconnaissance permit for minerals other than those for which
the permit has been granted, shall not be refused on the grounds that the area is
not available for grant. The State Government shall dispose of such applications
as per provisions of these rules :

Provided that if a prospecting licence or a mining lease for other mineral has
been granted to some other applicant within the area granted for a reconnaissance
permit and where the reconnaissance permit holder discovers availability of
minerals covered under his permit within the area so granted subsequently for
prospecting or mining of minerals other than those covered under the
reconnaissance permit, he shall have the right to get such areas vacated from the
licensee or the lessee, as the case may be and such licensee or lessee shall not
hinder the reconnaissance operations being undertaken by the reconnaissance
permit holder.

7D. Registers : - (1) A register of applications for reconnaissance

permits shall be maintained by the State Government in Form G –1.

(2) A register of reconnaissance permit shall be maintained by State

Government in Form H –1.]
 7

CHAPTER III
Grant of prospecting licences in respect of land in which
the minerals vest in the Government
1
[8. Applicability of Chapter II, Chapter III and Chapter IV :– The
provisions of Chapter II, Chapter III and Chapter IV shall apply to the grant of
reconnaissance permits as well as grant and renewal of prospecting licences and
mining leases only in respect of the land in which the minerals vest in the
Government of a State.]

9. Application for prospecting licence and its renewal :- (1) An

application for a prospecting licence and its renewal in respect of land in which
the minerals vest in Government shall be made to the State Government in Form
B and Form E respectively through such officer or authority as the State
Government may specify in this behalf.

(2) Every such application shall be accompanied by-

(a) a 2[non-refundable] fee calculated in accordance with the

provisions of Schedule II; and

(b) (Omitted)
(c) (Omitted)

(d) a valid clearance certificate in the form prescribed by the State

Government, of payment of mining dues, such as royalty or dead
rent and surface rent payable under the Act or the rules made
thereunder, from that Government or any officer or authority by
that Government in this behalf;

Provided 3[omitted] that in case the applicant is a partnership firm

or a private limited company such certificate shall be furnished by
all partners of the partnership firm or, as the case may be, all
members of the private limited company :
4
[Provided further that where any injunction has been issued by
court of law or any other competent authority staying the recovery
of any such mining dues or income tax, non-payment thereof shall
not be treated as a disqualification for the purpose of granting or
renewing the said prospecting licence:

Provided that where a person has furnished an affidavit to the

satisfaction of the State Government stating that he does not
hold and has not held a prospecting licence, it shall not be

1. Substituted by G.S.R. 56 (E), dated 17.1.2000. 3. Omitted by G.S.R. 56 (E), dated 17.1.2000.
2. Inserted by G.S.R. 56 (E), dated 17.1.2000. 4. Inserted by G.S.R. 56 (E), dated 17.1.2000.
 8

necessary for him to produce the said valid clearance certificate :

Provided further that a sworn affidavit stating that no dues are

outstanding shall suffice subject to the condition that the certificate
required as above shall become invalid if the party fails to file the
certificate within the said ninety days.]

(e) an affidavit stating that the applicant has -

(i) filed up-to-date income tax return;

(ii) paid the income tax assessed on him ; and
(iii) paid the income tax on the basis of self-assessment
as provided in the Income Tax Act,1961;

(f) an affidavit showing particulars of areas mineral-wise in1[the]

state, which the applicant or any person jointly with him -

(i) already holds under a prospecting licence;

(ii) has applied for but not granted; and
(iii) being applied for simultaneously.

(g) a statement in writing that the applicant, where the land is not
owned by him, has obtained surface rights over the area or has
obtained the consent of the owner for starting prospecting
operations :

Provided that no such statement shall be necessary were the land is

owned by the Government.

Provided 2[omitted] that the consent of the owner for starting

prospecting operations in the area or part thereof may be furnished
after execution of the prospecting licence but before entry into the
said area.
3
[Provided further that no further consent would be required in the
case of renewal where consent has already been obtained during
grant of the licence.]
4
[omitted]
5
[omitted]
6
[omitted]

1 Substituted by G.S.R. 56 (E), dated 17.1.2000. 4 Omitted by G.S.R. 56 (E), dated 17.1.2000
2 Omitted by G.S.R. 56 (E), dated 17.1.2000. 5.Ibid.
3 Inserted by G.S.R. 56 (E), dated 17.1.2000. 6.Ibid.
 9

(3) The State Government may, for reasons to be recorded in writing, relax
the provisions of clause (d) of sub-rule (2) of rule 9.

(4) The grant of a clearance certificate under clause (d) of sub-rule (2) of
rule 9 shall not discharge the holder of such certificate from the liability to pay the
mining dues which may subsequently be found to be payable by him under the
Act or the rules made thereunder.

10. Acknowledgement of application :- (1) where an application for the

grant of renewal of a prosecuting licence is delivered personally, its receipt shall
be acknowledged forthwith.

(2) Where such application is received by registered post, its receipt shall
be acknowledged on the same day.

(3) In any other case, the receipt of such application shall be

acknowledged within three days of the receipt .

(4) The receipt of every such application shall be acknowledged in

Form D.

10A. (Omitted)

11. Disposal of application for the grant and renewal of prospecting

licence :- (1) (Omitted)

(2) (a) An application for the renewal of a prospecting licence shall be

made at least ninety days before the expiry of the prospecting licence
and shall be accompanied by –

(i) a statement relating to the prospecting operations already

undertaken by the applicant;

(ii) the amount of expenditure incurred;

(iii) the numbers of hours and days for which the work was
undertaken; and

(iv) the period which is required to complete the prospecting

work.

(b) An application for the renewal for a prospecting licence shall be

disposed of by the State Government before the expiry of the period of
prospecting licence and if the application is not disposed of within that
period, the licence shall be deemed to have been renewed for a period
not exceeding the period prescribed for renewal of prospecting licence
 10

under sub-section (2) of section 7 of the Act, or the period for which an
application is made, whichever is less.

(3) The State Government may, for reasons to be recorded in writing and
communicated to the applicant , at the time of renewal, reduce the area applied
for.
1
[(4) The State Government may condone delay in submission of an
application for renewal of a prospecting licence made after the time limit
prescribed in sub-rule (2) provided the application for the renewal has been made
before the expiry of the licence.]

12. Refusal of application for a prospecting licence : - (1) The State

Government may, after giving an opportunity of being heard and for reasons to
be recorded in writing and communicated to the applicant, refuse to grant or
renew a prospecting licence over the whole or part of the area applied for.

(1A) An application for the grant or renewal of a prospecting licence made

under rule 9 shall not be refused by the State Government only on the ground that
Form B or Form E, as the case may be, is not complete in all material particulars,
or is not accompanied by the documents referred to in clauses (d), (e), (f) and (g)
of sub-rule (2) of the said rule.

(1B) Where it appears that the application is not complete in all material
particulars or is not accompanied by the required documents, the State
Government shall, by notice, require the applicant to supply the omission or, as
the case may be, furnish the documents without delay and in any case not later
than thirty days from the date of receipt of the said notice by the applicant.

(2) An application for the grant of a prospecting licence shall not be

refused on the ground only that, in the opinion of the State Government, a mining
lease should be granted for the area for which the application for a prospecting
licence has been made:

Provided that where applications for the grant of prospecting licence and
applications for the grant of mining lease in respect of the same area are received
on the same date or on different dates within a period of thirty days, the
applications for the grant of mining lease shall, if the area was previously held
and worked under a mining lease, be disposed of before the applications for the
grant of prospecting licence are considered.
2
[Provided further that the applications received for grant of prospecting
licence shall be liable to be considered only if they have not been already
disposed of.]
13. 3[Omitted.]
________________________________________________________________
1. Inserted by G.S.R. 56(E), dated 17.1.2000. 2. Ibid. 3.Omitted by G.S.R. 56(E), dated 17.1.2000.
 11

13A. Status of grant on death of the applicant for prospecting licence :

(1) Where an applicant for the grant of a prospecting licence dies before
the order granting him a prospecting licence is passed, the application for the
grant of a prospecting licence shall be deemed to have been made by his legal
representative.
.
(2) In the case of an applicant in respect of whom an order granting a
prospecting licence is passed but who dies before the deed referred to in sub-rule
(1) of rule 15 is executed, the order shall be deemed to have been passed in the
name of the legal representative of the deceased.

14. Conditions of a prospecting licence :- (1) Every prospecting licence

granted under these rules, shall, in addition to any other conditions that may be
specified therein, be subject to the following conditions, namely :-

(i) the licensee shall pay such prospecting fee as may be fixed by the
State Government, 1[being not less than rupee one and not more
than rupees ten] per hectare of land covered by the licence for
each year or part of a year of the period for which the licence is
granted or renewed;

(ii) the licensee may win and carry for purposes other than commercial
purposes -

(a) any quantity of such minerals within the limits specified under
column 3 of Schedule III without any payment;

(b) any quantity of such minerals not exceeding the limits specified
under column 4 of Schedule III, on payment of royalty for the time
being specified in the Second Schedule to the Act in respect to
those minerals :

Provided that if any quantity in excess of the quantities specified in sub-

clause (b) is won and carried away, the State Government may recover the cost of
the excess quantity of minerals won and carried away.

(iii)
with the written approval of the State Government, the licensee
may carry away quantities of minerals in excess of the limits
specified in Schedule III, on payment of royalty for the time being
specified in the Second Schedule to the Act, for chemical,
metallurgical, ore-dressing and other test purposes.
__________________________________________________________________
1 Substituted by G.S.R. 21 (E), dated 11.1.2002.
 12

(iv) save in the case of land in respect of which the licensee is granted a
mining lease, he shall, within six months next after the
determination of the licence or the date of abandonment of the
prospecting operations, whichever is earlier, securely plug all bores
and fill up or fence all excavations in the land covered by the
licence;

(v) the licensee shall report to the State Government the discovery of
any mineral not specified in the licence within a period of sixty
days from the date of such discovery. Consequent upon such
reporting, such newly discovered mineral shall be deemed to have
been included in the prospecting licence;

(vi) (Omitted.)

(vii) the licensee shall not except with the previous sanction of the State
Government transfer his licence;
1 2
[ [Provided that no prospecting licence shall be transferred to any person
who has not filed an affidavit stating that he has filed an up-to-date income-tax
returns and paid the income-tax assessed on him and paid the income tax on the
basis of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961)
and except on payment to the State Government of a fee of five hundred rupees :

Provided further that the State Government shall not grant its sanction for
the transfer of prospecting licence unless the transferee has accepted all the
conditions and liabilities which the transferor has in respect of such prospecting
licence :

Provided also that the State Government may, by order in writing after
providing the licensee the opportunity of being heard, cancel such prospecting
licence at any time if the licensee has, in the opinion of the State Government,
committed a breach of this clause or rule 15A.]]

(viii) the licensee shall not pay a wage less than the minimum wage
prescribed by the Central or the State Government from time to
time under the Minimum Wages Act, 1948;

(ix) the licensee shall observe the provisions of the Mines Act, 1952
3
[(35 of 1952) and the provisions of the Atomic Energy Act, 1962
(33 of 1962 ) insofar as the latter relate to atomic minerals included
in Part ‘B’ of the First Schedule to the Act.]

1. Inserted by G.S.R. 56 (E), dated 17.1.2000.

2. Substituted by G.S.R. 31 (E), dated 22.1.2001.
3. Inserted by G.S.R. 56 (E), dated 17.1.2000.
 13

(x) the licensee shall -

(a) take immediate measures for the planting in the same area or any
other area selected by the Central or the State Government not less
than twice the number of trees destroyed by reasons of any prospecting
operations;

(b) look after them during subsistence of the licence after which these
shall be handed over to the State Forest Department or any other
authority as may be nominated by the Central or State Government;

(c) restore, to the extent possible, other flora destroyed by prospecting

operations.

(xi) the licensee shall pay to the occupier of surface of the land such
compensation as may become payable under these rules;

(xii) the licensee shall comply with the Mineral Conservation and
Development Rules framed under section 18.
1
[Omitted]

(2) A prospecting licence may contain such other conditions relating to the
following as the State Government may think fit to impose, namely :-

(i) compensation for damage to land in respect of which the licence

has been granted;

(ii) indemnity to Government against the claim of a third party for any
damage, injury or disturbance caused to him by the licensee;

(iii) restrictions regarding felling of trees on unoccupied and

unreserved Government land;

(iv) restrictions on prospecting operations in any area prohibited by any

competent authority;

(v) operations in a reserved or protected forest;

(vi) conditions regarding entry on occupied land;

(vii) facilities to be given by the licensee for working other minerals in

the licenced area or adjacent areas;

(viii) filing of civil suits or petitions relating to disputes arising out of

the area under prospecting licence.

1.Omitted by G.S.R. 56 (E), dated 17.1.2000.

 14

1
[(3) The State Government may, either with the previous approval of the
Central Government or at the instance of the Central Government, impose such
further conditions as may be necessary in the interest of mineral development,
including development of atomic minerals.]

(4) In the case of breach of any condition imposed on any holder of

prospecting licence by or under this rule, the State Government may, by order in
writing, cancel the licence and/or forfeit, in whole or part, the amount deposited
by the licensee under rule 20 :

Provided that no such order shall be made without giving the licensee a
reasonable opportunity of stating his case.

15. Licence to be executed within three months : - (1) Where on any

application for a prospecting licence an order has been made for the grant of such
licence, a deed granting such licence shall be executed within ninety days of the
date of the communication of the order or such further period as the State
Government may allow in this behalf, and if no such deed is executed within the
said period due to any default on the part of the applicant, the State Government
may revoke the order granting the licence and in that event the fee paid shall be
forfeited to the State Government.
.
(2) The deed referred to in sub-rule (1) shall be in Form F, or in a form as
near thereto as circumstances of each case may require.

(3) The date of the commencement of the period for which a prospecting
licence is granted shall be the date on which the deed is executed under
sub-rule (1).
2
[15A. Where on an application for grant of sanction to transfer the
prospecting licence under clause (vii) of sub-rule (1) of rule 14, the State
Government has granted sanction for transfer of such licence, a transfer deed in
Form P, or a form as near thereto as possible shall be executed within three
months of the date of the consent, or within such further period as the State
Government may allow in this behalf.]

16. Report of information obtained by the licensee :- (1) The licensee

shall submit to the State Government a six monthly report of the work done by
him stating the number of persons engaged and disclosing in full the geological,
geophysical or other valuable data collected by him during the period. The report
shall be submitted within three months of the close of the period to which it
relates.

1. Substituted by G.S.R. 56 (E), dated 17.1.2000.

2. Inserted by G.S.R.31(E), dated 22.1.2001.
 15

(2) The licensee shall also submit to the State Government within three
months of the expiry of the licence, or abandonment of operations or termination
of the licence, whichever is earlier, a full report of work done by him and all
information relevant to mineral resources acquired by him in the course of
prospecting operations in the area covered by the licence.

(3) While submitting reports under sub-rules (1) or (2), the licensee may
specify that the whole or any part of the report or data submitted by him shall be
kept confidential; and the State Government shall thereupon, keep the specified
portions as confidential for a period of two years from the expiry of the licence,
or abandonment of operations or termination of the licence, whichever is earlier.

17. ( Omitted )

18. Maintenance of accounts :- Every licensee shall maintain 1[an

accurate] and faithful account of all expenses incurred by him on prospecting
operations and also the quantity and other particulars of all minerals obtained
during such operations and their despatch.

19. Inspection :- (1) The licensee shall allow every officer authorised by
the Central Government or the State Government in this behalf to examine at any
time accounts maintained under rule 18 and furnish the Central Government or
the State Government such information and returns as it or any officer authorised
by it in that behalf may require.

(2) The licensee shall allow any officer authorised by the Central
Government or the State Government in this behalf to inspect any prospecting
operations carried on by him.

20. Security deposit :- (1) An applicant for a prospecting licence shall,

before the deed referred to in sub-rule (1) of rule 15 is executed, deposit as
security for the due observance of the terms and conditions of the licence 2[a sum
of two thousand and five hundred rupees] in respect of the every square kilometre
or part thereof for which the licence is granted.

(2) Any deposit made under sub-rule (1), if not forfeited under these rules,
shall be refunded to the applicant as soon as the report referred to in rule 16 is
submitted.

21. Registers :- (1) A register of applications for prospecting licences

shall be maintained by the State Government in Form G.

(2) A register of prospecting licences shall be maintained by the State

Government in Form H.
_________________________________________________________________
1. Substituted by G.S.R. 56 (E), dated 17.1.2000.
2. Substituted by G.S.R. 21 (E), dated 11.1.2002.
 16

CHAPTER IV
Grant of mining leases in respect of land in which
the minerals vest in the Government

22. Applications for grant of mining leases :- (1) An application for

the grant of a mining lease in respect of land in which the minerals vest in the
Government shall be made to the State Government in Form I through such
officer or authority as the State Government may specify in this behalf.

(2) Omitted.

(3) (i) Every application for the grant or renewal of a mining lease shall be
accompanied by -

(a) 1[a 2[non refundable] fee of two thousand and five hundred
rupees];

(b) Omitted.
(c) Omitted.

(d) A valid clearance certificate in the form prescribed by the State

Government, of payment of mining dues, such as royalty or
dead rent and surface rent payable under the Act or the rules
made thereunder, from that Government or any officer or
authority authorised by that Government in this behalf :

Provided that in case the applicant is a partnership firm or a private limited

company, such certificate shall be furnished by all partners of the partnership
firm or, as the case may be, all members of the private limited company :
3
[Provided that where any injunction has been issued by a court of law or
any other competent authority staying the recovery of any such mining dues or
income tax non-payment thereof shall not be treated as a disqualification for the
purpose of granting or renewing the said mining lease :

Provided that where a person has furnished an affidavit to the satisfaction

of the State Government stating that he does not hold and has not held a mining
lease, it shall not be necessary for him to produce the said valid clearance
certificate :

Provided that a properly sworn affidavit stating that no dues are

outstanding shall suffice subject to the condition that the certificate required as
above shall be furnished within ninety days of the date of application and the

1. Substituted by G.S.R. 21 (E), dated 11.1.2002.

2. Inserted by G.S.R. 56 (E), dated 17.1.2000.
3. Ibid.
 17

application shall become invalid if the party fails to file the certificate within the
said ninety days :

Provided further that the grant of a clearance certificate under sub-

clause (d) shall not discharge the holder of such certificate from the liability to
pay the mining dues which may subsequently be found to be payable by him
under the Act or rules made thereunder.]

(e) Omitted.

(f) an affidavit stating that the applicant has -

(i) filed up-to-date income-tax returns;

(ii) paid the income-tax assessed on him; and
(iii) paid the income-tax on the basis of self-assessment
as provided in the Income Tax Act, 1961;

(g) an affidavit showing particulars of area mineral-wise in 1[the]

State, which the applicant or any person jointly with him -

(i) already holds under a mining lease;

(ii) has already applied for but not granted;
(iii) being applied for simultaneously;

(h) a statement in writing that the applicant has, where the land is
not owned by him, obtained surface rights over the area or has
obtained the consent of the owner for starting mining
operations :

Provided that no such statement shall be necessary where the land is

owned by the Government :

Provided further that the consent of the owner for starting mining
operations in the area or part thereof may be furnished after execution of the lease
deed but before entry into the said area:

Provided also that no further consent would be required in the case of

renewal where consent has already been obtained during grant of the lease.
2
[Omitted]
3
[Omitted]
4
[Omitted]
5
[Omitted]

1. Substituted by G.S.R. 56 (E), dated 17.1.2000.

2. Omitted by G.S.R. 56 (E), dated 17.1.2000.
3. Ibid. 4. Ibid. 5. Ibid.
 18

(i a) The State Government may, for reasons to be recorded in writing,

relax the provision of sub-clause (d) of clause (i).

(ii) Every application for the grant of a mining lease shall in addition to
those specified in clause (i) be accompanied by a deposit of one
thousand rupees for meeting the preliminary expenses in
connection with the grant of the mining lease :

Provided that the applicant shall deposit such further deposit as may be
asked for by the State Government, within one month from the date of demand of
such deposit.

(4) On receipt of the application for the grant of a mining lease the State
Government shall take decision to grant precise area for the said purpose and
communicate such decision to the applicant . On receipt of communication from
the State Government of the precise area to be granted, the applicant shall submit
a mining plan within a period of six months or such other period as may be
allowed by the State Government, to the Central Government for its approval.
The applicant shall submit the mining plan, duly approved by the Central
Government or by an officer duly authorised by the Central Government, to the
State Government to grant mining lease over that area.
1
[(4A) 2 [Notwithstanding anything contained in sub-rule (4), the State
Government shall be competent to approve mining plan of open cast mines (mines
other than the underground mines) in respect of the following non-metallic or
industrial minerals in their respective territorial jurisdiction, namely:-

(i) Agate
(ii) Ball Clay
(iii) Barytes
(iv) Calcareous Sand
(v) Calcite
(vi) Chalk
(vii) Clay (Others)
(viii) Corundum
(ix) Diaspore
(x) Dolomite
(xi) Dunite/pyroxenite
(xii) Felsite
(xiii) Felspar
(xiv) Fireclay
(xv) Fusch. Quartzite
(xvi) Gypsum
(xvii) Jasper
__________________________________________________________________
1. Inserted by G.S.R. 56 (E), dated 17.1.2000.
2. Substituted by G.S.R. 743 (E), dated 25.9.2000.
 19

(xviii) Kaolin
(xix) Laterite
(xx) Limekankar
(xxi) Ochre
(xxii) Pyrophyllite
(xxiii) Quartz
(xxiv) Quartzite
(xxv) Sand (Others)
(xxvi) Shale
(xxvii) Silica Sand
(xxviii)Slate
(xxix) Steatite/Talc/Soapstone ]
1
[Provided that the State Government shall exercise the power of approval
of mining plan through an officer or officers who shall possess the following
qualification,2[experience and post or pay scale], namely :-

(i) a degree in Mining Engineering or post-graduate degree in

Geology from a University established or incorporated by or under
a Central Act, a Provincial Act or a State Act, including any
institution recognized by the University Grants Commission
established under section 4 of the University Grants Commission
Act, 1956 (3 of 1956) or any equivalent qualification granted by
any University or Institution outside India;

(ii) professional experience of twelve years in case of a Mining

Engineer in the field of mining engineering and professional
experience of eighteen years in case of a Geologist in the field of
geological survey after obtaining the qualification as specified in
clause (i) in each case; and
3
[(iii) in the post of Director or Additional Director or Joint Director of
the concerned State Government or in the pay scale, the maximum
of which shall not be less than Rs.15,850/- (Rupees fifteen thousand
eight hundred and fifty) per month:]

Provided further that the list of the officers fulfilling the qualification,
4
[experience and post or pay-scale] specified in the first proviso shall be sent to
the Controller General, Indian Bureau of Mines by the Sate Governments from
time to time for the purposes of that proviso];

Provided 5[also] where any State Government does not have such officer
as having the requisite qualifications and experience, the power of approval of

1. Substituted by G.S.R.31(E), dated 22.1.2001. 2. Substituted by G.S.R.733(E), dated 29.10.2002.

3. Ibid. 4. Ibid. 5. Substituted by G.S.R. 31 (E), dated 22.1.2001.
 20

mining plan, as aforesaid, in respect of that State shall be exercised by the Central
Government :

Provided also that in the event of the State Government having officer or
officers with requisite qualifications and experience from any date in future the
State government shall report the matter to the Controller General, Indian Bureau
of Mines and the State Government shall exercise the power of approval of
mining plan, as aforesaid, thereafter without any reference to the Central
Government.]
1
[(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) The Mining Plan shall incorporate :-

2
[(i) the plan of the lease hold area showing the nature and extent of the
mineral body, spot or spots where the mining operations are
proposed to be based on the prospecting data gathered by the
applicant or any other person];

(ii) details of the geology and lithology of the area including mineral
reserves of the area;

(iii) the extent of manual mining or mining by the use of machinery and
mechanical devices;

(iv) the plan of the area showing natural water courses, limits of
reserves and other forest areas and density of trees, if any,
assessment of impact of mining activity on forest, land surface and
environment including air and water pollution; details of scheme of
restoration of the area by afforestation, land reclamation, use of
pollution control devices and such other measures as may be
directed by the Central Government or the State Government from
time to time;

__________________________________________________________________
1. Inserted by G.S.R.21 (E), dated 11.1.2002. 2. Substituted by G.S.R.56 (E), dated
17.1.2000.
 21

1
[(v) a tentative scheme of mining and annual programme and plan for
excavation from year to year for five years; 2[omitted]
3
[ (va) a progressive mine closure plan as defined in clause (oo) of rule 3
of the Mineral Conservation and Development Rules, 1988; and]

(vi) any other matter which the Central Government may require the
applicant to provide in the mining plan.
4
[(6) The mining plan once approved shall be valid for the entire duration of
the lease:

Provided that any modification or modifications of the mining plan shall

be approved by the competent authority and such approval of the modified
mining plan shall remain valid for the balance duration of the mining lease.]

22A. Mining operations to be in accordance with Mining Plans :-

(1) Mining operations shall be undertaken in accordance with the duly
approved mining plan.

(2) Modification of the approved mining plan during the operation of a

mining lease also requires prior approval.

22B. Mining plan to be prepared by recognised persons :- (1) No

mining plan shall be approved unless it is prepared by a qualified person
recognised in this behalf by the Central Government, or duly authorised officer.

(2) No person shall be recognised by the Central Government for purposes

of sub-rule (1) unless he holds-

(i) a degree in mining engineering or post-graduate degree in Geology

granted by a University established or incorporated by or under a
Central Act, a Provincial Act or a State Act, including any institution
recognised by the University Grants Commission established under
section 4 of the University Grants Commission Act, 1956 or any
equivalent qualification granted by any University or Institution
outside India; and

(ii) Professional experience of five years of working in a supervisory

capacity in the field of mining after obtaining the degree.

(3) A person recognisesd to prepare a mining plan may also carry out
modifications of an existing mining plan.

1. Substituted by G.S.R.56 (E), dated 17.1. 2000 2. Omitted by G.S.R. 329 (E). dated 10.4 2003
3. Inserted by G.S.R. 329 (E), dated 10.4.2003. 4. Inserted by G.S.R. 56 (E), dated 17.1.2000.
 22

1
[22BB. Procedure for approval of mining plans : - (1) Notwithstanding the
provisions of rule 63 the mining plan shall be submitted for approval through
authority notified by the Controller General of the Indian Bureau of Mines or by
the State Government, as the case may be, in this behalf, except for minerals
specified in Part A and B of the First Schedule to the Act.
2
[(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
kilometre, or part thereof of mining area covered under the mining lease.]

(2) Notwithstanding the provisions of the rule 54, any person aggrieved
by any order made or direction issued in respect of mining plan by an officer of
the Central Government competent to approve mining plans other than the Chief
Controller of Mines, Indian Bureau of Mines, for minerals other than those listed
in Part A and B of the First Schedule to the Act, may within thirty days of the
communication of such order or direction, apply to the authority to whom the said
officer is immediately subordinate, for the revision of the order or direction:

Provided that any such application may be entertained after the said period
of thirty days if the applicant satisfies the authority that he had sufficient cause for
not making the application within time;

(3) On receipt of any application for revision under sub-rule (1), the
authority after giving a reasonable opportunity of being heard to the aggrieved
person, may confirm, modify or set aside the order made or direction issued by
any officer subordinate to him.

(4) Any person aggrieved by an order made or direction issued by the

Chief Controller of Mines, Indian Bureau of Mines, concerning approval of
mining plan may within thirty days of the communication of such order or
direction, apply to the Controller General, Indian Bureau of Mines for a revision
of such order or direction and his decision thereon shall be final :

Provided that any such application may be entertained after the said period
of thirty days, if the applicant satisfies the Controller General, Indian Bureau of
Mines that he had sufficient cause for not making the application in time.

(5) On receipt of any such application under sub-rule (4), the Controller
General, Indian Bureau of Mines may confirm, modify or set aside the order or
direction issued by the Chief Controller of Mines, Indian Bureau of Mines.

(6) (a) Notwithstanding anything contained in the above sub-rules, any

person aggrieved by any order or direction issued in respect of a mining plan by

1 Substituted by G.S.R. 56 (E), dated 17.1.2000. 2. Inserted by G.S.R. 21 (E), dated 11.1.2002.
 23

an authorised officer of the State Government, may within thirty days of the
communication of such order or direction, apply to the Controller General, Indian
Bureau of Mines for revision of the order or direction and his decision thereon
shall be final.
(b) The procedure enumerated in the preceding sub-rules shall,
mutatis mutandis, be followed in the disposal of such an application.

(7) The powers under sub-rules (1) and (2) in regard to approval of mining
plans shall be exercised by Director, Atomic Minerals Directorate for Exploration
and Research, Hyderabad, and in regard to revision under sub-rules (3) to (5) shall
be exercised by Secretary, Department of Atomic Energy, Mumbai, insofar as
they relate to atomic minerals specified in Part B of the First Schedule to the Act.

(8) The powers under sub- rules (1) to (5) in regard to approval of mining
plan and revision shall be exercised by authorities designated in this behalf by
notification by the Department of Coal insofar as they relate to coal and lignite
specified in Part A of the First Schedule to the Act.]

22C. Grant of recognition by Central Government : - (1) Any person

possessing the qualifications and experience referred to in sub-rule (2) of rule
22B may apply for being recognised as a recognised person to the competent
authority appointed for the purpose by the Central Government.

(2) The competent authority, after making such enquiry as it deems fit,
may grant or refuse to grant recognition and where recognition is refused, the
competent authority shall record reasons in writing and communicate the same to
the applicant.
1
[(3) A recognition shall be granted for an initial period of ten years and
may be renewed for a period(s) not exceeding ten years at a time :

Provided that the competent authority may refuse to renew recognition for
reasons to be recorded in writing after giving an opportunity of hearing to the
person concerned.]
2
[(4)An appeal shall lie to the Controller General, Indian Bureau of Mines,
against the order of the competent authority refusing to grant or renew an
application for recognition and his order thereon shall be final.

Explanation : For the purpose of this rule, Chief Controller of Mines,

Controller of Mines and the Regional Controller of Mines shall be deemed to be
competent authority.]
_______________________________________________________________________________
1. Substituted by G.S.R. 56 (E), dated 17.1.2000. 2. Ibid.
 24

1
[22 D. Minimum size of the mining lease.- Minimum area for grant of mining
lease shall not be less than -

a) One hectare, in respect of small deposits (not fragmented portions

of larger ones), shallow in nature, isolated and not exceeding more
than 200 metres 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 eluvial
placers (buried or otherwise), which generally have peculiar
configurations excepting beach sands or placers;

(b) 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
currents, and at places semi-consolidated to consolidated in nature;

(c) Four hectares, in respect of all mineral deposits other than those
specified under clauses (a) and (b).]
2
[ “Provided that in the case of renewal of mining lease, the restrictions of
minimum area for grant of mining lease shall not be applicable”.]

23. Acknowledgement of application :- (1) Where an application for the

grant or renewal of a mining lease is delivered personally, its receipt shall be
acknowledged forthwith.

(2) Where such application is received by registered post, its receipt shall
be acknowledged on the same day.

(3) In any other case, the receipt of such application shall be

acknowledged within three days of the receipt.

(4) The receipt of every such application shall be acknowledged in

Form D.

23A. Omitted.

24. Disposal of application for mining lease :- (1) Omitted.

(2) Omitted.
(3) Omitted.
(4) Where an application for a mining lease for a mineral or minerals not
specified in the existing mining lease or mining leases is made for the whole or
_______________________________________________________________________________
1. Inserted by G.S.R. 329 (E), dated 10.4.2003. 2. Inserted by G.S.R. 49 (E), dated 28.1.2005.
 25

part of the area held under mining lease by a person other than the lessee, the
State Government shall notify this fact by registered post/ Acknowledgement Due
to the person who already holds mining leases for another mineral in the land
applied for.

(5) (a) If on receipt of the information referred to in sub-rule (4), from

the State Government, the lessee applies either for prospecting
licence or mining lease for newly discovered mineral or minerals
within six months from the date of communication of the
information by the State Government, the lessee shall be preferred
in respect of such grant.

(b) If the lessee fails to apply for prospecting licence or mining lease
within six months, then this fact will be intimated to the applicant
by the State Government and the State Government will consider
the original application in accordance with the rules.

(6) Omitted.

24A. Renewal of mining lease :- (1) An application for the renewal of a

mining lease shall be made to the State Government in Form J, at least twelve
months before the date on which the lease is due to expire, through such officer
or authority as the State Government may specify in this behalf.
1
[(2) The renewal or renewals of a mining lease granted in respect of a
mineral specified in Part ‘A’ and Part ‘B’ of the First Schedule to the Act may be
granted by the State Government with the previous approval of the Central
Government.]
2
[(3) The renewal or renewals of a mining lease granted in respect of a
mineral not specified in Part ‘A’ and Part ‘B’ of the First Schedule to the Act may
be granted by the State Government.]
3
[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.]

__________________________________________________________________
1. Substituted by G.S.R. 56 (E), dated 17.1.2000. 2. Ibid.
3.Inserted by G.S.R. 21(E), dated 11.1.2002.
 26

(4) Omitted.
(5) Omitted.

(6) If an application for renewal of a mining lease made within the time
referred to in sub-rule (1) is not disposed of by the State Government before the
date of expiry of the lease, the period of that lease shall be deemed to have been
extended by a further period till the State Government passes order thereon.
1
[(7) Omitted.]

(8) Notwithstanding anything contained in sub-rule (1) and sub-rule (6) an

application for the first renewal of a mining lease, so declared under the
provisions of section 4 of the Goa, Daman and Diu Mining Concessions
(Abolition and Declaration as Mining Leases) Act, 1987, shall be made to the
State Government in Form J before the expiry of the period of mining lease in
terms of sub-section (1) of section 5 of the said Act, through such office or
authority as the State Government may specify in this behalf :

Provided that the State Government may, for reasons to be recorded in

writing and subject to such conditions as it may think fit, allow extension of time
for making of such application up to a total period not exceeding one year.

(9) If an application for first renewal made within the time referred to in
sub-rule (8) or within the time allowed by the State Government under the proviso
to sub-rule (8), the period of that lease shall be deemed to have been extended by
a further period till the State Government passes orders thereon.
2
[(10) The State Government may condone delay in an application for
renewal of mining lease made after the time limit prescribed in sub-rule (1)
provided the application has been made before the expiry of the lease.]

24B. Renewal of a mining lease in favour of a person using the

mineral in his own industry :- Every person who is holding a mining lease for
a mineral which is used in his own industry shall be entitled for the renewal of his
mining lease for a period not exceeding twenty years unless he applies for a
lesser period.

Explanation :- "Own industry" means an industry of which the lessee is

the owner or in which he holds not less than fifty percent of controlling interest.
3
[ 25. Omitted.]

_________________________________________________________________
1 Omitted by G.S.R. 56 (E), dated 17.1.2000. 2. Substituted by G.S.R. 56 (E), dated 17.1.2000.
3. Omitted by G.S.R. 56 (E), dated 17.1.2000
 27

25A. Status of the grant on the death of applicant for mining lease :-

(1) Where an applicant for a grant or renewal of mining lease dies before
the order granting him a mining lease or its renewal is passed, the application for
the grant or renewal of a mining lease shall be deemed to have been made by his
legal representative.

(2) In the case of an applicant in respect of whom an order granting or

renewing a mining lease is passed, but who dies before the deed
referred to in sub-rule (1) of rule 31 is executed, the order shall be
deemed to have been passed in the name of the legal representative of
the deceased.

26. Refusal of application for grant and renewal of mining lease:-

(1) The State Government may, after giving an opportunity of being heard
and for reasons to be recorded in writing and communicated to the applicant,
refuse to grant or renew a mining lease over the whole or part of the area applied
for.
(2) An application for the grant or renewal of a mining lease made under
rule 22 or rule 24A, as the case may be, shall not be refused by the State
Government only on the ground that Form I or Form J, as the case may be, is not
complete in all material particulars, or is not accompanied by the documents
referred to in sub-clauses (d), (e), (f), (g) and (h) of clause (i) of sub-rule 3 of
rule 22.

(3) Where it appears that the application is not complete in all material
particulars or is not accompanied by the required documents, the State
Government shall, by notice, require the applicant to supply the omission or, as
the case may be, furnish the documents, without delay and in any case not later
than 1[thirty days] from the date of receipt of the said notice by the applicant.
2
[“(4) Notwithstanding anything contained in sub-rule(1) where an
applicant for renewal of mining lease under rule 24A is convicted of illegal
mining, and there are no interim orders of any court of law suspending the
operation of the order of such conviction in appeals pending against such
conviction in any court of law the State Government may after giving such
applicant an opportunity of being heard and for reasons to be recorded in writing
and communicated to the applicant, refuse to renew such mining lease”]

27. Conditions :- (1) Every mining lease shall be subject to the

following conditions :-

__________________________________________________________________
1. Substituted by G.S.R.733(E), dated 29.10.2002
2. Inserted by G.S.R.593(E), dated 26.7.2012.
 28

(a) the lessee shall report to the State Government the discovery in the
leased area of any mineral not specified in the lease, within sixty days of such
discovery;

(b) if any mineral not specified in the lease is discovered in the leased
area, the lessee shall not win and dispose of such mineral unless such mineral is
included in the lease or a separate lease is obtained therefor;

(c) the lessee shall pay, for every year, except the first year of the
lease, such yearly dead rent at the rates specified in the Third Schedule of the Act
and if the lease permits the working of more than one mineral in the same area the
State Government shall not charge separate dead rent in respect of each mineral :

Provided that the lessee shall be liable to pay the dead rent or royalty in
respect of each mineral whichever be higher in amount but not both;

(d) the lessee shall also pay, for the surface area used by him for the
purposes of mining operations, surface rent and water rate at such rate, not
exceeding the land revenue, water and cesses assessable on the land, as may be
specified by the state Government in the lease;

(e) Omitted.

(f) The lessee shall commence mining operations within two years
from the date of execution of the lease and shall thereafter conduct such
operations in a proper, skillful and workman-like manner.

Explanation :- For the purpose of this clause, mining operations shall

include the erection of machinery, laying of a tramway or construction of a road
in connection with the working of the mine;

(g) the lessee shall at his own expenses erect and at all times maintain
and keep in good repair boundary marks and pillars necessary to indicate the
demarcation shown in the plan annexed to the lease;

(h) the lessee shall not carry on, or allow to be carried on, any mining
operations at any point within a distance of fifty meters from any railway line,
except under and in accordance with the written permission of the railway
administration concerned or under or beneath any ropeway or ropeway trestle or
station, except under and in accordance with the written permission of the
authority owning the ropeway or from any reservoir, canal or other public works,
or buildings, except under and in accordance with the previous permission of the
State Government;
 29

(i) the lessee shall keep 1[ accurate and faithful ] accounts showing the
quantity and other particulars of all minerals obtained and despatched from the
mine, the number and nationality of persons employed therein, and complete
plans of the mine, and shall allow any officer authorised by the Central
Government or the State Government in this behalf to examine at any time any
accounts, plans and records maintained by him and shall furnish the Central or the
State Government with such information and returns as it or any officer
authorised by it in this behalf may require;

(j) the lessee shall keep accurate records of all trenches, pits and
drillings made by him in the course of mining operations carried on by him under
the lease, and shall allow any officer authorised by the Central or the State
Government to inspect the same. Such records shall contain the following
particulars, namely :-

(a) the subsoil and strata through which such trenches, pits or
drillings pass;

(b) any mineral encountered;

(c) such other particulars as the Central or the State Government

may from time to time require;

(k) the lessee shall strengthen and support, to the satisfaction of the
railway administration concerned or the State Government, as the case may be
any part of the mine which in its opinion requires such strengthening or support
for the safety of any railway, reservoir, canal, road or any other public works or
buildings;

(l) the lessee shall allow any officer authorised by the Central or the
State Government to enter upon any building, excavation or land comprised in
the lease for the purpose of inspecting the same;

(m) the State Government shall at all times have the right of pre-
emption of the 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 minerals.

(n) the lessee shall store properly the unutilized or non-saleable sub-
grade ores or minerals for future beneficiation ;
__________________________________________________________________
1. Substituted by G.S.R.56 (E), dated 17.1.2000
 30

(o) in respect of any mineral which in relation to its use for certain
purposes is classified as a major mineral and in relation to its use for other
purposes as a minor mineral, the lessee who holds a lease for extraction of such
minerals under these rules whether or not it is specified as a major mineral in
the lease deed, shall not use or sell the mineral or deal with it in whatsoever
manner or knowingly allow anyone to use or sell the mineral or deal with it in
whatsoever manner as a minor mineral :

Provided that if on an application made to it in this behalf by the lessee,

the State Government is satisfied that having regard to the inferior quality of such
mineral, it cannot be used for any of the purposes by reason of which use it can
be called a major mineral or that there is no market for such mineral as a major
mineral, the State Government may by order permit the lessee to dispose of the
mineral in such quantity and in such manner as may be specified therein as a
minor mineral.

(p) the lessee shall, in the matter of employment, give preference to the
tribals and to the persons who become displaced because of the taking up of
mining operations;

(q) the lessee shall not pay a wage not less than the minimum wage
prescribed by the Central or State Government from time to time under the
Minimum Wages Act, 1948;

(r) the lessee shall observe the provisions of Mines Act, 1952 1[(35 of
1952) and of the Atomic Energy Act, 1962, (33 of 1962) insofar as they relate to
Atomic Minerals included in Part ‘B’ of the First Schedule to the Act;]

(s) the lessee shall –

(i) take immediate measures for planting in the same area or

any other area selected by the Central or State Government
not less than twice the number of trees destroyed by
reasons of any mining operations;

(ii) look after them during the subsistence of the lease after
which these trees shall be handed over to the State Forest
Department or any other authority nominated by the
Central or State Government;

(iii) restore, to the extent possible other flora destroyed by the

mining operations;

__________________________________________________________________
1. Inserted by G.S.R. 56 (E), dated 17.1.2000.
 31

(t) the lessee shall pay to the occupier of the surface of the land such
compensation as may become payable under these rules;

(u) the lessee shall comply with the Mineral Conservation and
Development Rules framed under section 18;

(2) A mining lease may contain such other conditions as the State
Government may deem necessary in regard to the following, namely :-

(a) the time-limit, mode and place of payment of rents and

royalties;
(b) the compensation for damage to the land covered by the
lease;

(c) the felling of trees;

(d) the restriction of surface operations in any area prohibited
by any authority;
(e) the notice by lessee for surface occupation;
(f) the provision of proper weighing machines;
(g) the facilities to be given by the lessee for working other
minerals in the leased area or adjacent area;
(h) the entering and working in a reserved or protected forest;
(i) the securing of pits and shafts;
(j) the reporting of accidents;
(k) the indemnity to Government against claims of third
parties;
(l) the delivery of possession of lands and mines on the
surrender, expiration or determination of the lease;
1
[(la) the time limit for removal of mineral, ore, plant, machinery
and other properties from the lease hold area after expirati-
on, or sooner determination or surrender or abandonment
of the mining lease;]
(m) the forfeiture of property left after determination of lease;
(n) the power to take possession of plant, machinery, premises
and mines in the event of war or emergency;
(o) filing of civil suits or petitions relating to disputes arising
out of the area under lease.
2
[(3) The State Government may, either with the previous approval of the
Central Government or at the instance of the Central Government, impose such
further conditions as may be necessary in the interests of mineral development,
including development of atomic minerals.]

_________________________________________________________________
1. Inserted by G.S.R. 56 (E), dated 17.1.2000. 2.Substituted by G.S.R. 56 (E), dated 17.1.2000.
 32

(4) If the lessee does not allow entry or inspection under clause (i), (j)
or (l) of sub-rule (1), the State Government shall give notice in writing to the
lessee requiring him to show cause within such time as may be specified in the
notice why the lease should not be determined and his security deposits forfeited;
and if the lessee fails to show cause within the aforesaid time to the satisfaction of
the State Government, the State Government may determine the lease and forfeit
the whole or part of the security deposit.
1
[“(4A) If the lessee holding a mining lease or a licencee holding a
prospecting licence, is convicted of illegal mining and there are no interim orders
of any court of law suspending the operation of the order of such conviction in
appeals pending against such conviction in any court of law, the State
Government may, without prejudice to any other proceedings that may be taken
under the Act or the rules framed thereunder, after giving such lessee or licencee
an opportunity of being heard and for reasons to be recorded in writing and
communicated to the lessee or licencee, determine such mining lease or, as the
case may be, cancel such prospecting licence and forfeit whole or part of the
security deposit.”]

(5) If the lessee makes any default in the payment of royalty as required
under section 9 or payment of dead rent as required under section 9A or commits
a breach of any of the conditions specified in sub-rules (1), (2) and (3), except the
condition referred to in clause (f) of sub-rule (1), the State Government shall give
notice to the lessee requiring him to pay the royalty or dead rent or remedy the
breach, as the case may be, within sixty days from the date of the receipt of the
notice and if the royalty or dead rent is not paid or the breach is not remedied
within the said period, the State Government may, without prejudice to any other
proceedings that may be taken against him, determine the lease and forfeit the
whole or part of the security deposit.

28. Lapsing of leases :- (1) Subject to the conditions of this rule where
mining operations are not commenced within a period of two years from the date
of execution of the lease, or is discontinued for a continuous period of two
years after commencement of such operations, the State Government shall, by an
order, declare the mining lease as lapsed and communicate the declaration to the
lessee.
(2) Where a lessee is unable to commence the mining operation within a
period of two years from the date of execution of the mining lease, or
discontinues mining operations for a period exceeding two years for reasons
beyond his control, he may submit an application to the State Government,
explaining the reasons for the same, at least three months before the expiry of
such period ;

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

Rs.200/-;
_________________________________________________________________
1. Inserted by G.S.R.593(E), dated 26.7.2012.
 33

(4) The State Government may on receipt of an application made under

sub-rule (2) and on being satisfied about the adequacy and genuineness of the
reasons for the non-commencement of mining operations or discontinuance
thereof, pass an order before the date on which the lease would have otherwise
lapsed, extending or refusing to extend the period of the lease :

Provided that where the State Government on receipt of an application

under sub-rule (2) does not pass an order before the expiry of the date on which
the lease would have otherwise lapsed, the lease shall be deemed to have been
extended until the order is passed by the State Government or until a period of
two years, whichever is earlier.

Explanation 1: Where the non-commencement of the mining operations

within a period of two years from the date of execution of mining lease is on
account of –

(a) delay in acquisition of surface rights; or

(b) delay in getting the possession of the leased area; or

(c) delay in supply or installation of machinery; or

(d) delay in getting financial assistance from the banks, or any

financial institutions; or

(e) ensuring supply of the mineral in an industry of which the lessee is

the owner or in which he holds not less than 50% of the
controlling interest;

and the lessee is able to furnish documentary evidence supported by a duly sworn
affidavit, the State Government may consider if there are sufficient reasons for
non-commencement of operations for a continuous period of more than two
years.

Explanation 2: Where the discontinuance of mining operations for a

continuous period of two years after the commencement of such operations is on
account of –

(a) orders passed by any statutory or judicial authority; or

(b) operations becoming highly uneconomical; or
(c) strike or lock out;

and the lessee is able to furnish documentary evidence supported by a duly

 34

sworn affidavit, the State Government may consider if there are sufficient
reasons for discontinuance of operations for a continuous period of more than
two years.
1
[Explanation 3: In case of mining lessee who has undertaken
reconnaissance operations or in case of mining lessee whose capital investment in
mine development is planned to be in excess of Rs. 200 crores and where the
mine development is likely to take more than two years, the State Government
shall consider it to be sufficient reason for non-commencement of mining
operations for a continuous period of more than two years.]

28A.(1) Where a lessee is unable to commence the mining operations

within a period of two years from the date of execution of the mining lease, or
discontinues mining operations for a period of exceeding two years for reasons
beyond his control, he may submit an application to the State Government
explaining the reasons for the same at least within six months from the date of its
lapse :

Provided that the lease has not been revived under this provision for
more than twice during the entire period of the lease.

(2) Every application under sub-rule (1) shall be accompanied by a fee of

Rs 500/-.

(3) The State Government on receipt of an application made under sub-

rule (1) and on being satisfied about the adequacy and genuineness of the reasons
for non-commencement of mining operations or discontinuance thereof taking
into consideration the matters specified in the Explanation to rule 28, pass an
order reviving the lease.

29. Restriction on determination of lease :- (1) The lessee shall not

determine the lease except after notice in writing of not less than twelve calendar
months to the State Government or to such officer, or authority as the State
Government may specify in this behalf :

Provided that where a lessee holding a mining lease for a group of

minerals applies for the surrender of any mineral from the lease on the ground
that deposits of that mineral have since exhausted or depleted to such an extent
that it is no longer economical to work the mineral, the State Government may
permit the lessee to surrender that mineral, subject to the following conditions ,
namely :-
(a) the lessee applies for such surrender of mineral at least six
months before the intended date of surrender; and

_______________________________________________________________
1. Inserted by G.S.R. 56 (E), dated 17.1.2000.
 35

(b) the lessee gives an undertaking that he will not cause any
hindrance in the working of the mineral so surrendered by
any other person who is subsequently granted a mining
lease in respect of that mineral :

Provided further that where a lessee applies for the surrender of the whole
or a part of lease-hold area on the ground that such area is barren or the deposits
of minerals have since exhausted or depleted to such an extent that it is no longer
economical to work such area, the State Government shall permit the lessee, from
the date of receipt of the application, to surrender that area if the following
conditions are satisfied, namely :-

(a) the lease-hold area to be surrendered has been properly

surveyed and is contiguous,

(b) the lessee has paid all the dues payable to the Government
under the lease up to the date of application, and
1
[(c) the lessee has obtained a certificate under rule 29A.]

Provided also that surrender of the lease area by the lessee shall be
permitted only thrice during the period of the lease on fulfilling the conditions –

(i) that at least a period of five years has elapsed since the last
surrender; and

(ii) that the provisions of the mining plan including the

environment management plan thereof have been
complied with .

(2) Every application for the surrender of a part of lease-hold area in

accordance with the provisions of sub-rule (1), shall be accompanied by a deposit
of two hundred rupees for meeting the expenditure for the purpose of survey and
demarcation of the area to be surrendered :

Provided that the lessee shall deposit such further amount, not exceeding
two hundred rupees, as may be demanded by the State Government for meeting
any additional expenditure for the said purpose within one month from the date
of demand of such deposit :

Provided further that where the whole or any part of the amount deposited
has not been expended, it shall be refunded to the lessee within two months from
date of the completion of the work of survey and demarcation of the area to be
surrendered .
__________________________________________________________________
1. Inserted by G.S.R. 329 (E), dated 10.4.2003.
 36

1
[(3) Upon the issuance of the order by the Regional Controller of Mines or
the officer authorized by the State Government in this behalf, as the case may be,
under sub-rule (6) of rule 23F of Mineral Conservation and Development Rules,
1988, for forfeiting the sum assured, on non-performance of the measures
contained in the approved mine closure plan referred to in sub-rule (1) of rule 23A
of Mineral Conservation and Development Rules, 1988 by the lessee, it shall be
the responsibility of State Government to realize any letter of credit or bond or
any other surety, guarantee provided or obtained as financial assurance for the
purpose of performance of protective, reclamation and rehabilitation measures as
contained in the approved mine closure plan and shall carry out such measures
either by itself, or appoint an agent to do so.]
2
[29A. Provision for closure. - (1) The lessee shall not determine the lease
or part thereof unless a final mine closure plan duly approved by the Regional
Controller or the officer authorized by the State Government in this behalf, as the
case may be, is implemented as per the approval.

(2) For the purposes of sub-rule (1), the lessee shall be required to obtain a
certificate from the Regional Controller of Mines or officer authorized by the
State Government in this behalf, as the case may be, to the effect that protective,
reclamation and rehabilitation work in accordance with the approved mine closure
plan or with such modifications as approved by the competent authority have been
carried out by the lessee.]

30. Rights of lessee :- Subject to the conditions mentioned in rule 27, the
lessee with respect to the land leased to him shall have the right for the purpose
of mining operations on that land –

(a) to work the mines;

(b) to sink pits and shafts and construct buildings and roads;
(c) to erect plant and machinery;
(d) to quarry and obtain building and road materials and make bricks;
(e) to use water and take timber;
(f) to use land for stacking purpose;
(g) to do any other thing specified in the lease.

31. Lease to be executed within six months:- (1) Where, on an

application for the grant of a mining lease, an order has been made for the grant
of such lease,a lease deed in Form K or in a form as near thereto as circumstances
of each case may require, shall be executed within six months of the order or
within such further period as the State Government may allow in this behalf, and
if no such lease deed is executed within the said period due to any default on the
part of the applicant, the State Government may revoke the order granting the
lease and in that event the application fee shall be forfeited to the State
Government.
__________________________________________________________________
1. Inserted by G.S.R. 329 (E), dated 10.4.2003. 2. Ibid
 37

1
[(2) The date of the commencement of the period for which a mining
lease is granted shall be the date on which a duly executed deed under sub-rule
(1) is registered.]

32. Security deposit :- An applicant for a mining lease, shall before the
deed referred to in rule 31 is executed, deposit as security for the due observance
of the terms and conditions of the lease 2[ten thousand rupees ] .

33. Survey of the area leased :-When a mining lease is granted by the
State Government, arrangements shall be made by the State Government at the
expense of the lessee for the survey and demarcation of the area granted under
the lease .

34. Manner of exercise of preferential rights for mining lease :-

A mining lease to any person who has a preferential right thereto under
sub-section (1) of section 11, may at his option, be granted to him either for the
whole of the area for which he holds the prospecting licence or such part or parts
thereof as he may select but the State Government may for any special reasons to
be recorded in writing reduce the area or exclude a portion therefrom.
3
[35. Preferential rights of certain persons:- Where two or more persons
have applied for a reconnaissance permit or a prospecting licence or a mining
lease in respect of the same land, the State Government shall, for the purpose of
sub-section(2) of Section 11, consider, besides the matters mentioned in clauses
(a) to (d) of sub-section (3) of section 11, the end use of the mineral by the
applicant.]

36. Boundaries below the surface :- The boundaries of the area covered
by a mining lease shall run vertically downwards below the surface towards the
centre of the earth.

37. Transfer of lease :- (1) The lessee shall not, without the previous
consent in writing of the State Government and in the case of mining lease in
respect of any mineral specified in 4[Part ‘A’ and Part ‘B’ of] the First Schedule
to the Act, without the previous approval of the Central Government :-

(a) assign, sublet, mortgage, or in any other manner, transfer the

mining lease, or any right, title or interest therein, or
(b) enter into or make any 5[bonafide] arrangement, contract, or
understanding whereby the lessee will or may be directly or
indirectly financed to a substantial extent by, or under which the
lessee's operations or undertakings will or may be substantially
controlled by, any person or body of persons other than the lessee:
__________________________________________________________________
1.Substituted by G.S.R.56 (E), dated 17.1.2000. 2.Ibid. 3.Substituted by G.S.R.56 (E),
dated 17.1.2000. 4.Inserted by G.S.R.56 (E), dated 17.1.2000. 5.Ibid.
 38

(Omitted.)
Provided further that where the mortgagee is an institution or a Bank or a
Corporation specified in Schedule V, it shall not be necessary for the lessee to
obtain any such consent of the State Government.

(1A) The State Government shall not give its consent to transfer of
mining lease unless the transferee has accepted all the conditions and liabilities
which the transferor was having in respect of such mining lease.

(2) Without prejudice to the provisions of sub-rule (1) the lessee may, 1[ ]
transfer his lease or any right, title or interest therein to a person who has filed an
affidavit stating that he has filed an up-to-date income-tax returns, paid the
income tax assessed on him and paid the income tax on the basis of self-
assessment as provided in the Income Tax Act, 1961( 43 of 1961), on payment of
a fee of five hundred rupees to the State Government :

Provided that the lessee shall make available to the transferee the original
or certified copies of all plans of abandoned workings in the area and in a belt 65
metres wide surrounding it;

Provided further that where the mortgagee is an institution or a Bank or a

Corporation specified in Schedule V, it shall not be necessary for any such
institution or Bank or Corporation to meet with the requirement relating to
income tax;

Provided further that the lessee shall not charge or accept from the
transferee any premium in addition to the sum spent by him, in obtaining the
lease, and for conducting all or any of the operations referred to in rule 30 in or
over the land leased to him.
2
[ Omitted.]

(3) The State Government may, by order in writing determine any lease
at any time if the lessee has, in the opinion of the State Government, committed a
breach of any of the provisions of sub-rule (1) or sub-rule (1A) or has transferred
any lease or any right, title, or interest therein otherwise than in accordance with
sub-rule (2) :

Provided that no such order shall be made without giving the lessee a
reasonable opportunity of stating his case.

__________________________________________________________________
1. Omitted by G.S.R.743 (E), dated 25.9.2000. 2. Omitted by G.S.R.56 (E), dated 17.1.2000
 39

37A. Transfer of lease to be executed within three months :- Where on

an application for transfer of mining lease under rule 37, the State Government
have given consent for transfer of such lease, a transfer lease deed in Form O, or
a form as near thereto as possible, shall be executed within three months of the
date of the consent, or within such further period as the State Government may
allow in this behalf.
1
[38. Amalgamation of leases :- The State Government 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;

Provided further that prior approval of the Central Government shall be

required for such amalgamation in respect of leases for minerals specified in Part
‘A’ and Part ‘B’ of the First Schedule to the Act.]
2
[39. Pending applications for transfer and amalgamation :- 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.]

40. Registers :- (1) A register of applications for mining leases shall be

maintained by the State Government in Form L.

(2) A register of mining leases shall be maintained by the State Government in

Form-M.

__________________________________________________________________
1. Substituted by G.S.R.56 (E), dated 17.1.2000. 2. Ibid.
 40

CHAPTER V

Procedure for obtaining a Prospecting Licence or Mining Lease in

respect of Land in which the Minerals vest in a person
other than the Government

41. Applicability of this chapter :- The provisions of this chapter shall

apply only to the grant of prospecting licences and mining leases in respect of
land in which the minerals vest exclusively in a person other than the
Government .

42. Restrictions on the grant of prospecting licence and mining lease:-

(1) No prospecting licence or mining lease shall be granted to any person
unless he has filed an affidavit stating that he has–

(i) filed up-to-date income tax returns;

(ii) paid the income tax assessed on him, and
(iii) paid the income tax on the basis of self-assessment as provided in
the Income Tax Act, 1961 (43 of 1961).

(2) Except with the previous approval of the Central Government, no

prospecting licence or mining lease shall be granted in respect of any mineral
specified in the First Schedule to the Act.

43. Renewal of prospecting licence :– Omitted.

44. Conditions of prospecting licence : - Every prospecting licence shall

be subject to the following conditions :-

(i) the licensee shall pay the grantor such prospecting fee as may be
agreed upon, 1[being not less than one rupee and not more than ten rupees] per
hectare of the land covered by the licence for each year or a part of the year of the
period for which a licence is granted or renewed;

(ii) in the case of minerals other than gold, silver, precious stones or
mica, the licensee shall not win or carry away the minerals for commercial
purposes :

Provided that the licensee may win or carry away for purposes other than
commercial purposes -

(a)
any quantity of such minerals within the limits specified in
Schedule III without any payment;
(b) any quantity of such minerals exceeding such limits but
not exceeding twice such limits, which is won during
__________________________________________________________________
1. Substituted by G.S.R.21 (E), dated 11.1.2002
 41

prospecting operations, on payment of royalty for the time

being specified in the Second Schedule to the Act in respect
of those minerals;

(c) any quantity of limestone not exceeding 500 tonnes for

testing its use in any industry specified by the Central
Government in this behalf, on payment of royalty for the
time being specified in the Second Schedule to the Act in
respect of limestone ;

(iii) in the case of gold, silver, precious stones or mica the licensee
may carry away any quantity won during the course of prospecting operations on
payment of royalty for the time being specified in the Second Schedule to the Act
in respect of such mineral;

(iv) such other conditions as may be agreed upon between the parties
not being inconsistent with the provisions of the Act or these rules.

45. Conditions of mining lease : - Every mining lease shall be subject to

the following conditions :-

(i) the provisions of clauses (b) to (l) and (p) to (u) of sub-rule (1) of rule
27 shall apply to such leases with the modification that in clauses (c) and (d) for
the words "State Government " the word "lessor" shall be substituted ;

(ia) mining operations shall be undertaken in accordance with the duly

approved mining plan ;
1
(ii) [ Omitted.];

(iii) the lease may contain such other conditions, not being inconsistent
with the provisions of the Act and these rules, as may be agreed upon between the
parties;

(iv) if the lessee makes any default in payment of royalty as required by

section 9 or commits a breach of any of the conditions of the lease, the lessor
shall give notice to the lessee requiring him to pay the royalty or remedy the
breach, as the case may be, within sixty days from the date of the receipt of the
notice and if the royalty is not paid or the breach is not remedied within such
period, the lessor without prejudice to any proceeding that may be taken against
the lessee determine the lease;

(v) the lessee may determine the lease at any time by giving not less than
one year’s notice in writing to lessor.

1. Omitted by G.S.R. 21 (E), dated 11.1.2002.

 42

46. Transfer or assignment :- (1) No prospecting licence or mining lease

or any right, title or interest in such licence or lease shall be transferred to a
person unless he has filed an affidavit stating that he has filed an up-to-date
income tax return, paid the income tax assessed on him and paid the income tax
on the basis of self-assessment as provided in the Income Tax Act, 1961( 43 of
1961).

(2) No prospecting licence or mining lease or any right, title or interest in

such licence or lease in respect of any mineral specified in the First Schedule to
the Act shall be transferred except with the previous approval of the Central
Government.

47. Submission of copy of licence or lease : - Every person obtaining a

prospecting licence or a mining lease shall, within three months of the grant of
such licence or lease, submit to the State Government concerned a certified copy
of the licence or lease in duplicate.

48. Communication of transfer or assignment :- Every transferee or

assignee of a prospecting licence or a mining lease or of any right, title or interest
therein, shall, within one month of such transfer or assignment, inform the State
Government of the transfer or assignment and of the terms and conditions of such
transfer or assignment.

49. Prohibition of premium :- No person granting or transferring a

prospecting licence or any right, title or interest in any such licence or lease shall
charge or pay any premium in addition to, or in lieu of the prospecting fee,
surface rent, dead rent or royalty payable under the Act or such proportionate part
of such fee, rent or royalty as is payable in respect of such right, title, or interest.

50. Prohibition of working of mines : - If the State Government has

reason to believe that the grant or transfer of a prospecting licence or a mining
lease or of any right, title or interest in such licence or lease is in contravention
of any of the provisions of this chapter, the State Government may, after giving
the parties an opportunity to represent their views and with the approval of the
Central Government, direct the parties concerned not to undertake any
prospecting or mining operations in the area to which the licence or lease relates.

51. Returns and Statements : - The holder of a prospecting licence or a

mining lease shall furnish to the State Government such returns and statements
and within such period as may be specified by it.

52. Penalty : - (1) If the holder of a prospecting licence or a mining lease

or his transferee or assignee fails, without sufficient cause, to furnish the
documents or information, or returns referred to in rule 46, rule 47, rule 48, or
rule 51, or acts in any manner in contravention of rule 49 or rule 50, he shall be
 43

punishable with imprisonment for a term which may extend to one year or fine
which may extend to five thousand rupees or with both.

(2) If any person grants or transfers or obtains a prospecting licence or

mining lease or any right, title or interest therein, in contravention of any of the
provisions of this chapter, he shall be punishable with imprisonment which may
extend to one year or fine which may extend to five thousand rupees or both.
 44

CHAPTER VI

Grant of Prospecting Licences and Mining Leases in respect of Land

in which the Minerals vest partly in the Government and
partly in private persons.

53. Chapters III and IV to apply to prospecting licences and mining

leases in respect of minerals which vest partly in Government and partly in
private persons : - The provisions of chapters III and IV shall apply in relation
to the grant of prospecting licences and mining leases in respect of minerals
which vest partly in the Government and partly in a private person as they apply
in relation to the grant of prospecting licences and mining leases in respect of
minerals which vest exclusively in the Government :

Provided that the dead rent and royalty payable in respect of mineral
which partly vest in the Government and partly in a private person shall be shared
by the Government and by that person in proportion to the shares they have in
the minerals.
 45

CHAPTER VII
Revision

54. Application for revision : - (1) Any person aggrieved by any order
made by the State Government or other authority in exercise of the powers
conferred on it by the Act or these rules may, within three months of the date of
communication of the order to him, apply to the Central Government in triplicate
in Form N for revision of the order. The application should be accompanied by a
Bank Draft for 1[five thousand rupees] on a nationalised bank in the name of 'Pay
and Accounts Officer, Department of Mines' payable at New Delhi or through a
treasury challan for 1[five thousand rupees] under the Head of Account - 0853 -
Non-ferrous Mining and Metallurgical Industries -102 Mineral Concession Fees,
Rents and Royalties :

Provided that any such application may be entertained after the said period
of three months if the applicant satisfies the Central Government that he had
sufficient cause for not making the application within time.
2
[(1A) Omitted.]

(2) In every application under sub-rule (1) against the order of a State
Government refusing to grant a prospecting licence or a mining lease, any person
to whom a prospecting licence or mining lease was granted in respect of the same
area or for a part thereof, shall be impleaded as party.

(3) Along with the application under sub-rule (1), the applicant shall
submit as many copies thereof as there are parties impleaded under sub-rule (2).

(4) On receipt of the application and the copies thereof, the Central
Government shall send a copy of the application to each of the parties impleaded
under sub-rule (2) specifying a date on or before which he may make his
representations, if any, against the revision application.

55. Orders on revision application : - (1) On receipt of an application for

revision under rule 54, copies thereof shall be sent to the State Government or
other authority and to all the impleaded parties calling upon them to make such
comments as they may like to make within three months from the date of issue of
the communication, and the State Government or other authority and the
impleaded parties, while furnishing comments to the Central Government shall
simultaneously endorse a copy of the comments to the other parties.

(2) Comments received from any party under sub-rule (1) shall be sent
to the other parties for making such further comments as they may like to make
within one month from the date of issue of the communication and the parties
_______________________________________________________________________________
1. Substituted by G.S.R. 21 (E), dated 11.1.2002. 2.Omitted by G.S.R. 56 (E), dated 17.1.2000.
 46

making further comments shall send them to all the other parties.

(3) The revision application, the communications containing comments

and counter-comments referred to in sub-rule (1) and (2) shall constitute the
records of the case.

(4) After considering the records referred to in sub-rule (3), the Central
Government may confirm, modify or set aside the order or pass such other order
in relation thereto as the Central Government may deem just and proper.

(5) Pending the final disposal of an application for revision, the Central
Government may, for sufficient cause, stay the execution of the order against
which any revision application has been made.
 47

CHAPTER VIII
Miscellaneous

56. Power to rectify apparent mistakes: - Any clerical or arithmetical

mistake in any order passed by the Government or any other authority or officer
under these rules and any error arising therein from accidental slip or omission,
may, within two years from the date of the order, be corrected by the
Government, authority or officer, as the case may be:

Provided that no order prejudicial to any person shall be passed unless he

has been given a reasonable opportunity for stating his case.

57. Copies of licences and leases and annual returns to be supplied to

Government : - (1) A copy of every 1[reconnaissance permit, prospecting licence
and mining lease] granted or renewed under these rules shall be supplied by each
State Government within two months of such grant or renewal to the Controller
General, Indian Bureau of Mines and the 2[Director General, Mines Safety].

(2) A consolidated annual return of all 3[reconnaissance permits,

prospecting licences and mining leases] granted or renewed under these rules
shall also be supplied by each State Government to the Controller General, Indian
Bureau of Mines in such form as may be specified by him, not later than the 30th
day of June following the year to which the return relates. A copy of such return
shall also be supplied by the State Government to the 4[Director General, Mines
Safety ] at the same time.

(3) Every State Government shall send copies of all returns received by it
under sub-rule (1) of rule 19 and clause (i) of sub-rule (1) of rule 27 to the
Controller General, Indian Bureau of Mines.

58.Reservation of areas for exploitation in the public sector, etc.;-

(Omitted.)

59. Availability of area for regrant to be notified :- 5[(1) No area –

(a) which was previously held or which is being held under a

reconnaissance permit or a prospecting licence or a mining
lease ; or

(b) which has been reserved by the Government or any local

authority for any purpose other than mining ; or

(c) in respect of which the order granting a permit or licence or

lease has been revoked under sub-rule (1) of rule 7A or sub-
__________________________________________________________________
1.Substituted by G.S.R. 56 (E), dated 17.1.2000 2.Ibid. 3.Ibid. 4.Ibid. 5.Ibid.
 48

rule (1) of rule 15 or sub-rule (1) of rule 31, as the case may be;
or

(d) in respect of which a notification has been issued under the

sub-section (2) or sub-section (4) of section 17; or

(e) which has been reserved by the State Government or under

section 17A of the Act;

shall be available for grant unless –

(i) an entry to the effect that the area is available for grant is made in the
register referred to in sub-rule (2) of rule 7D or sub-rule (2) of rule 21
or sub-rule (2) of rule 40 as the case may be; and

(ii) the availability of the area for grant is notified in the Official Gazette
and specifying a date (being a date not earlier than thirty days from the
date of the publication of such notification in the Official Gazette)
from which such area shall be available for grant:

Provided that nothing in this rule shall apply to the renewal of a lease in
favour of the original lessee or his legal heirs notwithstanding the fact that the
lease has already expired :

Provided further that where an area reserved under rule 58 or under

section 17A of the Act is proposed to be granted to a Government Company, no
notification under clause (ii) shall be required to be issued :

Provided also that where an area held under a reconnaissance permit,

or a prospecting licence, as the case may be, is granted in terms of sub-section (1)
of section 11, no notification under clause (ii) shall be required to be issued.]

(2) The Central Government may, for reasons to be recorded in writing

relax the provisions of sub-rule (1) in any special case.

60. Premature applications :- Applications for the grant of a

1
[reconnaissance permit, prospecting licence or mining lease] in respect of areas
whose availability for grant is required to be notified under rule 59 shall, if –

(a) no notification has been issued, under that rule; or

2
[(b) where any such notification has been issued, the period
specified in the notification has not expired, shall be
deemed to be premature and shall not be entertained.]

1.Substituted by G.S.R. 56 (E), dated 17.1.2000 2.Ibid

 49

1
[61. Lessor to supply certain information to the lessee :- Where any
area has previously been held under a reconnaissance permit or prospecting
licence or mining lease, the person who was granted such permit or licence or
lease shall make available to the new permit holder or licensee or lessee the
original or certified copies of all plans of abandoned workings in that area and in
a belt preferably 60 metres surrounding it.]

62. Change of name, nationality, etc. to be intimated :- (1) An applicant

for, or the holder of a 2[reconnaissance permit, a prospecting licence or a mining
lease] shall intimate to the State Government within sixty days any change that
may take place in his name, nationality or other particulars mentioned in the
relevant Forms.
3
[(2) If the holder of a reconnaissance permit or a prospecting licence or a
mining lease fails, without sufficient cause, to furnish the information referred to
in sub-rule (1), the State Government may determine the reconnaissance permit or
prospecting licence or mining lease, as the case may be] :

Provided that no such order shall be made without giving the 4[permit
holder or the licensee or the lessee], as the case may be, a reasonable opportunity
of stating his case.

63. Previous approval of the Central Government to be obtained

through State Government :- Where in any case previous approval of the
Central Government is required under the Act or these rules, the application for
such approval shall be made to the Central Government through the State
Government .
5
[63A. The State Government shall dispose of the application for grant of
reconnaissance permit, prospecting licence or mining lease in the following
period:

a) Reconnaissance Permit - within six months from the date of receipt of the
application for reconnaissance permit under rule 4A.

b) Prospecting Licence - within nine months from the date of receipt of the
application for prospecting licence under rule 10.

c) 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 licence or mining lease, as the case may
be, is complete in all respects;
_________________________________________________________________
1. Substituted by G.S.R. 56 (E), dated 17.1.2000 2. Ibid. 3. Ibid. 4. Ibid.
5. Inserted by G.S.R. 21 (E), dated 11.1.2002
 50

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 licence 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 licence 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 licence or mining
lease within the period as specified above, the reasons for the delay shall be given
in writing.]

64. How the fees and deposit to be made :- Any amount payable under
the Act or these rules except that payable in respect of revision petition under sub-
rule (1) of rule 54, shall be paid in such manner as the State Government may
specify in this behalf.

64A. The State Government may, without prejudice to the provisions

contained in the Act or any other rule in these rules, charge simple interest at the
rate of twenty four percent per annum on any rent, royalty or fee (other than the
fee payable under sub-rule (1) of rule 54) or other sum due to that Government
under the Act or these rules or under the terms and conditions of any prospecting
licence or mining lease from the sixtieth day of the expiry of the date fixed by that
Government for payment of such royalty, rent, fee or other sum and until payment
of such royalty, rent, fee or other sum is made.
1
[64B.Charging of Royalty in case of minerals subjected to processing:

(1) In case processing of run-of-mine mineral is carried out within the

leased area, then , royalty shall be chargeable on the processed mineral removed
from the leased area.

(2) In case run-of-mine mineral is removed from the leased area to a

processing plant which is located outside the leased area, then, royalty shall be
chargeable on the unprocessed run-of-mine mineral and not on the processed
product.

64C. Royalty on tailings or rejects :- On removal of tailings or rejects

from the leased area for dumping and not for sale or consumption, outside leased
area such tailings or rejects shall not be liable for payment of royalty:
__________________________________________________________________
1.Inserted by G.S.R. 743 (E), dated 25.9.2000.
 51

Provided that in case so dumped tailings or rejects are used for sale or
consumption on any later date after the date of such dumping, then, such tailings
or rejects shall be liable for payment of royalty.]

1
[64 D. Manner of payment of royalty on minerals on ad valorem basis:

(1) Every mine owner, his agent, manager, employee, contractor or sub-lessee
shall compute the amount of royalty on minerals where such royalty is charged
on ad valorem basis as follows:

(i) for all non-atomic and non fuel minerals sold in the domestic market or
consumed in captive plants or exported by the mine owners (other than bauxite
and laterite despatched for use in alumina and metallurgical industries, copper,
lead, zinc, tin, nickel, gold, silver and minerals specified under Atomic Energy
Act), the State-wise sale prices for different minerals as published by Indian
Bureau of Mines shall be the sale price for computation of royalty in respect of
any mineral produced any time during a month in any mine in that State, and the
royalty shall be computed as per the formula given below:

Royalty = Sale price of mineral (grade wise and State-wise)

published by IBM X Rate of royalty (in percentage) X Total
quantity of mineral grade produced/ dispatched:

Provided that if for a particular mineral, the information for a State for a
particular month is not published by the Indian Bureau of Mines, the latest
information available for that mineral in the State shall be referred, failing which
the latest information for All India for the mineral shall be referred.

(ii) for the grades of minerals produced for captive consumption (other than
bauxite and laterite despatched for use in alumina and metallurgical industries,
copper, lead, zinc, tin, nickel, gold and silver) and those not despatched for sale in
domestic market or export, the sale price published by the Indian Bureau of Mines
shall be used as the benchmark price for computation of royalty.

(iii) for primary gold, silver, copper, nickel, tin, lead and zinc, the total
contained metal in the ore or concentrate produced during the period for which
the royalty is computed and reported in the statutory monthly returns under
Mineral Conservation and Development Rules, 1988 or recorded in the books of
the mine owners shall be considered for the purposes of computing the royalty in
the first place and then the royalty shall be computed as the percentage of the
average metal prices published by the Indian Bureau of Mines for primary gold,
silver, copper, nickel, tin, lead and zinc during the period of computation of
royalty as follows:

1. Substituted by G.S.R 883(E) dated 10.12.2009

 52

Royalty = sale price X rate of royalty in percentage

where sale price = Average price of metal as published by Indian Bureau of Mines
during the month X Total contained metal in ore or concentrate produced X
Rupee or Dollar exchange rate selling as on the last date of the month of
computation of royalty:

Provided that in case of by-product gold and silver the royalty shall be
based on the total quantity of metal produced and such royalty shall be calculated
as follows:

Royalty = Sale price X rate of royalty in percentage

Explanation - For the purpose of this sub-clause sale price means, average price of
metal as published by Indian Bureau of Mines during the month X Total by-
product metal actually produced X Rupee or Dollar Exchange rate selling as on
the last date of the month of computation of royalty.

(iv) For bauxite or laterite ore despatched for use in alumina and aluminium
metal extraction or despatched to alumina or aluminium metal extraction industry
within India, the total contained alumina in the bauxite or laterite ore on dry basis
produced during the period for which the royalty is computed and reported in the
statutory monthly returns under Mineral Conservation and Development Rules,
1988 or recorded in the books of the mine owners shall be considered for the
purpose of computing the royalty in the first place and then the royalty shall be
computed as the percentage of the average monthly price for the contained
aluminium metal in the said alumina content of the ore published by the Indian
Bureau of Mines, on the following basis namely:-

Royalty =

52.9 X Percentage of X Average X Rupee/ dollar X Rate of

100 Al2O3 in the monthly price exchange rate royalty (in
bauxite on dry of aluminium (selling) as on percentage)
basis (as as published the last date
reported in the by the IBM of the period
Statutory of the
Monthly return computation
under MCDR) of royalty

Provided that for computing the royalty for bauxite or laterite despatched
for end use other than alumina and aluminium metal extraction and for exports
provisions of this clause shall not apply.
 53

(2) In case of metallic ores based on metal contained in ore and metal prices
based on benchmark prices, the royalty shall be charged on dry basis, and the
mine owner shall establish suitable facilities for collection of sample and its
analysis on dry basis at the mine site."]

65. Facilities for training of students :- (1) Every owner, agent or

manager of a mine shall permit students of mining and geological institutions
approved by the Central Government to acquire practical training of the mines
and plants operated by them and provide all necessary facilities required for the
training of such students.

(2) Applications for training from students of institutions teaching mining

or geology should be forwarded to the owner, agent or manager of a mine through
the Principal or Head of the Institution. Cases of refusal to provide facilities for
practical training by any owner, agent or manager of a mine should be referred to
the Controller General, Indian Bureau of Mines.

66. Geophysical data to be supplied to the Geological Survey of India

and the Department of Atomic Energy :- (1) A 1[permit holder or licensee or
lessee] shall furnish -

(a) all geophysical data relating to prospecting/ mining fields or

engineering and ground water surveys, such as anomaly maps,
sections, plans, structures, contour maps, logging collected by
him during the course of 2[reconnaissance or prospecting or
mining] operations to the Director General, Geological Survey of
India, Calcutta and the Director of Geology and Mining of the
State in which the 2[reconnaissance or prospecting or mining]
operations are carried on.

(b) all information pertaining to investigations of atomic minerals

collected by him during the course of 3[reconnaissance or prospecting
or mining] operations to the 4[Director, Atomic Minerals Directorate
for Exploration and Research, Hyderabad], and to the Director of
Geology and Mining of the State, in which the 3[reconnaissance or
prospecting or mining] operations are carried on.

(2) Data or information referred to in sub-rule (1) shall be furnished every

year reckoned from the date of commencement of the period of the
5
[reconnaissance permit or prospecting licence or mining] lease.

_______________________________________________________________________________
1. Substituted by G.S.R. 56 (E), dated 17. 1.2000. 2. Ibid.. 3. Ibid. 4. Ibid. 5. Ibid
 54

66 A. 1[Special provisions relating to atomic minerals: (1)

Notwithstanding anything contained in the rules, the prospecting or mining
operations in respect of the atomic minerals listed in Part-B of the First Schedule
of the Act shall be subject to following conditions:-

(i) if the holder of prospecting licence or mining lease discovers any

atomic mineral in the area granted under licence or lease, not specified in
the licence or lease, discovery of such mineral shall also be reported to the
Director, Atomic Minerals Directorate for Exploration and Research,
Hyderabad within 60 days from the date of discovery of such mineral;

(ii) the licensee or lessee shall not win or dispose of such atomic mineral
unless such atomic mineral is included in licence or lease or a separate
licence or lease for the purpose has been obtained;

(iii) the quantities of atomic minerals recovered incidental to such

prospecting / mining operations shall be collected and stacked separately
and a report to that effect shall be sent to the Secretary, Department of
Atomic Energy, Mumbai and the Director, Atomic Minerals Directorate
for Exploration and Research, Hyderabad every three months for such
further action by the licensee or lessee as may be directed by the Atomic
Minerals Directorate for Exploration and Research or the Department of
Atomic Energy.

(2) The licensee or lessee referred to in sub-rule(1) shall, within the period
referred to therein, apply to the Secretary, Department of Atomic Energy,
Mumbai through the State Government, for grant of a licence to handle the said
atomic minerals under the provisions of the Atomic Energy Act,1962 (33 of 1962)
and the Department of Atomic Energy shall intimate the state Government
regarding issue of licence:

Provided that if in the opinion of the Department of Atomic Energy the

atomic mineral/minerals recovered incidentally to such prospecting/mining
operations is not of economically exploitable grade or the quantity found is
insignificant, it may advise the State Government to exempt the licensee/lessee
from obtaining a separate licence or lease for/or inclusion of the atomic minerals
under these Rules.]

__________________________________________________________________
1. Substituted by G.S.R.280(E), dated 5.5.2005
 55

67. Lease period :- Where more than one mineral is found in an area and
lease is granted for exploiting two or more minerals, the periods of lease for all
minerals shall be co-terminus with that for which the first lease was originally
granted.

68. Repeal :- On the commencement of these rules, the Mineral

Concession Rules, 1949, shall cease to be in force, except as regards things, done
or omitted to be done before such commencement.
 56

CHAPTER IX
69. Associated minerals :- The following shall be the group of associated
minerals for the purposes of section 6 of the Act namely:-

(i) Apatite, Beryl, Cassiterite, Columbite, Emerald, Felspar,

Lepidolite, Mica, Pitchblende, Quartz, Samarskite. Scheelite,
Topaz, Tantalite, Tourmaline.

(ii) Iron, Manganese, Titanium, Vanadium and Nickel minerals.

(iii) Lead, Zinc, Copper, Cadmium, Arsenic, Antimony, Bismuth,

Cobalt, Nickel, Molybdenum and Uranium minerals, and Gold and
Silver, Arsenopyrite, Chalcopyrite, Pyrite, Pyrrhotite and
Pentlandite.

(iv) Chromium, Osmiridium, Platinum and Nickel minerals

(v) Kyanite, Sillimanite, Corundum, Dumortierite and Topaz.

(vi) Gold, Silver, Tellurium, Selenium and Pyrite.

(vii) Barytes, Fluorite, Chalcocite, Selenium and minerals of Zinc, Lead

and Silver.

(viii) Tin and Tungsten minerals.

(ix) Limestone, Dolomite and Magnesite.

1
(x) Ilmenite, Monazite, Zircon, Rutile, [Leucoxene], Garnet and
Sillimanite.

(xi) Sulphides of copper and iron.

(xii) Coal, Fireclay and Shale.

(xiii) Magnetite and Apatite.

(xiv) Magnesite and Chromite.

(xv) Talc (Soapstone and Steatite) and Dolomite.

(xvi) Celesite, Phosphatic Nodules, Clay and Gypsum.

__________________________________________________________________
1.Inserted by G.S.R. 56 (E), dated 17.1.2000.
 57

70. Sand not be treated as minor mineral when used for certain
purposes : - Sand shall not be treated as a minor mineral when used for any of the
following purposes, namely:-

(i) purposes of refractory and manufacture of ceramic;

(ii) metallurgical purposes;
(iii) optical purposes;
(iv) purposes of stowing in coal mines;
(v) for manufacture of silvicrete cement;
(vi) for manufacture of sodium silicate;
(vii) for manufacture of pottery and glass.

71. 1[Omitted. ]

__________________________________________________________________
1.. Omitted by G.S.R. 56 (E), dated 17.1.2000.
 58

CHAPTER X
72. Payment of compensation to owner of surface rights etc: - 1[(1) The
holder of a reconnaissance permit or prospecting licence or mining lease shall be
liable to pay to the occupier of the surface of the land over which he holds the
reconnaissance permit or prospecting licence or mining lease, as the case may be,
such annual compensation as may be determined by an officer appointed by the
State Government by notification in this behalf in the manner provided in sub-
rules (2) to (4).]

(2) In the case of agricultural land, the amount of annual compensation

shall be worked out on the basis of the average annual net income from the
cultivation of similar land for the previous three years.

(3) In the case of non-agricultural land, the amount of annual

compensation shall be worked out on the basis of average annual letting value of
similar land for the previous three years.

(4) The annual compensation referred to in sub-rule (1) shall be payable

on or before such date as may be specified by the State Government in this behalf.

73. Assessment of compensation for damage :- 2[(1) After the

termination of a reconnaissance permit or a prospecting licence or a mining lease,
the State Government shall assess the damage, if any, done to the land by the
reconnaissance or prospecting or mining operations and shall determine the
amount of compensation payable by the permit holder or licensee or the lessee as
the case may be, to the occupier of the surface land.]

(2) Every such assessment shall be made within a period of one year from
the date of termination of the 3[reconnaissance permit or prospecting licence or
mining lease] and shall be carried out by an officer appointed by the State
Government by notification in this behalf.

74. Issue of notification where prospecting operations are to be

undertaken by the Geological Survey of India etc.:- (1) Where a prospecting
operation is to be undertaken by the Geological Survey of India, the Indian
Bureau of Mines, the Atomic Minerals Division of the Department of Atomic
Energy of the Central Government, the Directorate of Mining and Geology of any
State Government (by whatever name called), or the Mineral Exploration
Corporation Limited, the State Government shall issue a notification in the
Official Gazette giving details of the area, and the period for which prospecting
operations are to be undertaken.
__________________________________________________________________
1.Substituted by G.S.R. 56 (E), dated 17.1.2000.
2.Ibid.
3.Ibid.
 59

(2) The State Government shall not grant any prospecting licence or
mining lease to any other person for an area or a part thereof in relation to which a
notification has been issued under sub-rule (1).

(3) The State Government may revoke a notification issued under sub-rule
(1), if the prospecting operations have been completed before the expiry of the
period stated in the notification.

75.Prospecting or mining operation by State Governments:- (1) Where

a State Government proposes to undertake prospecting or mining operations of
any mineral, it shall issue a notification in the Official Gazette giving details of
the area and the period for which such operations are proposed to be undertaken:
1
[Provided that if the State Government fails to undertake prospecting or
mining operation within the period mentioned in the notification, the notification
so issued shall lapse at the expiry of the said period unless the period is extended
by a fresh notification.]
2
[(2) Omitted.]

__________________________________________________________________
1.Inserted by G.S.R. 56 (E), dated 17.1.2000.
2.Omitted by G.S.R. 9 (E), dated 4.1.1999.
 60

SCHEDULE I
[See rule 2(ii)]
1
[INDEX

1. Application for Reconnaissance Permit Form A

2. Application for Prospecting Licence Form B

3. Receipt of applications for Prospecting Licence/ Form D

Mining Lease or renewals

4. Receipt of application for Reconnaissance Permit Form D-1

5. Application for renewal of Prospecting Licence Form E

6. Prospecting Licence Deed Form F

7. Reconnaissance Permit Deed Form F-1

8. Register of applications for Prospecting Licences Form G

9. Register of applications for Reconnaissance Permits Form G-1

10. Register of Prospecting Licences Form H

11. Register of Reconnaissance Permits Form H-1

12. Application for Mining Lease Form I

13. Application for renewal of Mining Lease Form J

14. Mining Lease Deed Form K

15. Register of applications for Mining Lease Form L

16. Register of Mining Leases Form M

17. Application for revision Form N

18. Model form for transfer of Mining Lease Form O]

2
[19. Model Form for transfer of Prospecting Licence Form P]

1. Substituted by G.S.R. No. 56 (E), dated 17.1.2000.

2. Inserted by G.S.R. No. 31 (E), dated 22.1.2001.
 61

1
[ FORM A
"To be submitted in quadruplicate"
Received
at............
(place) on...............
(Date)
Initial of Receiving Officer

GOVERNMENT OF.............

(APPLICATION FOR RECONNAISSANCE PERMIT)

( See rule 4 )

Dated day of 20….

To
Through

Sir,
I/We request that a reconnaissance permit under the Mineral Concession Rules, 1960 be
granted to me/us.

2. A sum of Rs ……….. being the fee in respect of this application at the rate of Rs. 5/- per
square kilometre or part thereof payable in accordance with the Mineral Concession Rules, 1960
has been deposited.

3. The required particulars are given below:-

(i) Name of the applicant with complete address.

(ii) Is the applicant a private individual/private company/public company/firm or
association?
(iii) In case applicant is:
(a) an individual, his nationality;
(b) a company, an attested copy of the certificate of registration of the
company shall be enclosed;
(c) firm or association, the nationality of all the Partners of the firm or
members of the association;
(iv) Profession or nature of business of applicant;
(v) No. and date of the valid clearance certificate of payment of mining dues
(copy attached);
(vi) If on the date of application the applicant does not hold a reconnaissance
permit, it should be stated whether an affidavit to this effect has been
furnished to the satisfaction of the State government;

1. Inserted by G.S.R.No.56 (E), dated 17.1.2000.

 62

(vii) Mineral or minerals which the applicant intends to prospect;

(viii) Period for which the reconnaissance permit is required;
(ix) Extent of the area the applicant wants to prospect;
(x) Details of the area in respect of which reconnaissance permit is required :
-----------------------------------------------------------------------------------------------------------------
District Taluq Area
-----------------------------------------------------------------------------------------------------------------

(xi) Particulars of the areas mineral-wise within the jurisdiction of the State
Government for which the applicant or any person joint in interest with him;
(a) already holds under reconnaissance permit;
(b) has already applied for but not granted;
(c) being applied for simultaneously.

(xii) Nature of joint interest, if any;

(xiii) If the applicant intends to supervise the works, his previous experience of
reconnaissance, prospecting and mining operations should be explained; if
he intends to appoint a manager, the name of such manager, his
qualifications, nature and extent of his previous experience should be
specified and his consent letter should be attached;
(xiv) Financial resources of the applicant;
(xv) Particulars of receipted treasury challan attached for the amount referred to
at 2 above;
(xvi) The works proposed to be undertaken alongwith their physical annual
targets;
(xvii) The scheme of relinquishment of the area;
(xviii) Anticipated minimum annual expenditure (activity of workwise);
(xix) Any other particulars or sketch map which the applicant wishes to furnish.

I/We do hereby declare that the particulars furnished above are correct and am/are
ready to furnish any other details, including accurate plans as may be required by you.

Yours faithfully,

(Signature and designation of the applicant)

Place
Date

*The topographical map of 1" = 1 mile scale 1[ or 1 : 50,000] is obtainable from the office of the
Survey of India, Hathibarkhala, Dehra Dun.
______________________________________________________________________________
1. Inserted by G.S.R.No. 743 (E), dated 25.9.2000.
 63

Detailed plan and topographical map are to be attached in quadruplicate with the original
application.

Note : 1. If the application is signed by an authorised agent of the applicant, Power of

Attorney should be attached.

2. The application should relate to one compact area only.]

 64

FORM B
"To be submitted in Triplicate"
Received
at............
(place) on...............
(Date)
Initial of Receiving Officer

GOVERNMENT OF.............
MODEL FORM
Application for Prospecting Licence
[See rule 9(1)]
Dated day of 20…
To
Through

Sir,

I/We request that a prospecting licence under the Mineral Concession Rules, 1960 be
granted to me/us.

2.A sum of Rs………. being the fee in respect of this application at the rate of Rs.50
for the first square kilometre or part thereof and Rs.10 for subsequent square kilometre or part
thereof payable in accordance with Schedule II to the Mineral Concession Rules, 1960 has been
deposited.

3.The required particulars are given below:-

(i) Name of the applicant with complete address.

(ii) Is the applicant a private individual/private company/public company/firm or
association?
(iii) In case applicant is:
(a) an individual, his nationality,
(b) a company, an attested copy of the certificate of registration of the
company shall be enclosed,
(c) Omitted,
(d) firm or association, the nationality of all the partners of the firm or
members of the association.
(iv) Profession or nature of business of applicant.
(v) Omitted
 65

(via) No. and date of the valid clearance certificate of payment of mining dues
(copy attached).
(vib) If on the date of application the applicant does not hold a prospecting
licence, it should be stated whether an affidavit to this effect has been
furnished to the satisfaction of the State Government.
(vii) Mineral or minerals which the applicant intends to prospect.
(viii) Period for which the prospecting licence is required.
(ix) Extent of the area the applicant wants to prospect.
(x) Details of the area in respect of which prospecting licence is required.
---------------------------------------------------------------------------------------------------------------------
District Taluq Village Khasra No. Plot No. Area
---------------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------------------------------------------------

(X A)(a) Does the applicant have surface rights over the area for which he requires a
prospecting licence?
(b) If not, has he obtained the consent of the owner, and the occupier of the
land for undertaking prospecting operations. If so, the consent of the owner
and the occupier obtained in writing be filed.
(xi) Brief description of the area with Particular reference to the following:
(a) the situation of the area in respect to natural features such as streams etc.
(b) in the case of village, areas, the name of the village and if only a part of
the village is applied for, the khasra number, the area in hectares of each
field or part thereof applied for.
N.B. - The areas shall cover whole or recognised part survey numbers.

(c) In the case of forest areas, the name of the working circle, the range and the
felling series.
(d) For areas where no forest maps or cadestral maps are available, a sketch plan
should be submitted on scale showing the area applied for together with
boundary, if any, of any other existing mining lease or prospecting licence
area if the area applied for has any common point or line with the boundaries
of existing prospecting licence or mining lease areas.
(xii) The areas applied for should be marked on plans as detailed below:
(a) In case a cadestral map of the area is available, the area on this map should
be marked showing the name of the village, Khasra number and area in
hectares of each field and part thereof.
N.B. - The area applied for shall cover whole survey numbers.

(b) In the case of forest maps, the area should be marked on the map showing
the range and felling series.

(c) In case neither cadestral nor forest maps are available, the area should be
marked on sketch plan drawn to scale showing on this plan all important
 66

surface and natural features, the dimensions of the lines forming the
boundary of the area and the bearing and distance of all corner points from
any important, prominent and fixed point or points.
(xiii) An affidavit, that the up-to-date income tax returns, as prescribed under the
Income Tax Act, 1961, have been filed, and tax due, including the tax on
account of self-assessment has been paid.
(xiv) Particulars of the areas mineral-wise within the jurisdiction of the State
Government for which the applicant or any person joint in interest with him:
(a) already holds under prospecting licence;
(b) has already applied for but not granted;
(c) being applied for simultaneously.
(xv) Nature of joint in interest, if any.
(xvi) If the applicant intends to supervise the works, his previous experience of
prospecting and mining should be explained; If he intends to appoint a
manager, the name of such manager, his qualifications, nature and extent of
his previous experience should be specified and his consent letter should be
attached.
(xvii) Financial resources of the applicant.
(xviii) Particulars of receipted treasury challan attached for the amount referred to
at 2 above.
(xix) Any other particulars or sketch map which the Applicant wishes to furnish.

I/We do hereby declare that the particulars furnished above are correct and am/are
ready to furnish any other details, including accurate plans as may be required by you.

Yours faithfully,

(Signature and designation of the applicant)

Place
Date

*The topographical map of 1" = 1 mile scale 1[ or 1 : 50,000] is obtainable from the
office of the Survey of India, Hathibarkhala, Dehra Dun.

Detailed plan and topographical map are to be, attached in triplicate with the original
application in case mineral applied for is a scheduled mineral.

Note 1- If the application is signed by an authorised agent of the applicant, Power of Attorney
should be attached.

2. The application should relate to one compact area only.

3. Such large-size map, as may be available.- should be attached for proper demarcation
of the areas, specially when the area Applied for is 40 hectares or less.
______________________________________________________________________________
1. Inserted by G.S.R.No. 743 (E), dated 25.9.2000.
 67

FORM D

Receipt of Applications for Prospecting Licence/Mining Lease or Renewals

(See rules 10(4) and 23(4)]

Government of Dated

S.No.

Received the application with the following enclosures for a prospecting

licence/ mining lease/renewal of prospecting licence/renewal of mining lease of
Shri/Sarvashree ………………. on ……………. 20… for about ………… …………..
hectare of land located in village/Govt. Forest Taluq ……………………….. District
for prospecting/mining ……………………. mineral/minerals.

Enclosures:

Place
Date
Signature and designation
of Receiving Officer
 68

1
[FORM D- 1

(Receipt of Application for Reconnaissance Permit)

(See rule 4 – A)

Government of

S.No. Dated

Received the application with the following enclosures for a

reconnaissance permit of Shri/Sarvashree ………………………………….
on ……………20 . . for ……………….. square kilometres of land located in
village/Government Forest Taluq ………………. District for reconnaissance
of ………………mineral/minerals.

Enclosures:

Place
Date

Signature and designation

of the Receiving Officer]

1. Inserted by G.S.R. 56 (E) dated 17.1.2000.

 69

FORM E
MODEL FORM

"To be submitted in duplicate"

GOVERNMENT OF

Received............... Application for Renewal of

at ……………… (Place) Prospecting Licence
on...........………...(date) [See rule 9(1)]
Initial of Receiving Officer
Dated Day of 20…
To
Through

Sir,

I/We request for renewal of my/our prospecting licence under the Mineral
Concession Rules, 1960.

A sum of Rs……….. being the fee in respect of this application at the rate of
Rs.50 for the first square kilometre or part thereof and Rs.10 for subsequent square
kilometre or part thereof payable in accordance with Schedule II to the Mineral
Concession Rules, 1960 has been deposited.

2.The required particulars are given below:-

(i) Name of the applicant with complete address.
(ii) Is the applicant a private individual/private company/public company/
firm or association?
(iii) In case applicant is:
(a) an individual, his nationality,
(b) a company, an attested copy of the certificate of registration of
the company shall be enclosed,
(c) Omitted.
(d) firm or association, the nationality of all the partners of the firm
or members of the association.
(iv) Profession or nature of business of applicant.
(v) & (vi) Omitted
(via) No. and date of the valid clearance certificate of payment of mining dues
(copy enclosed).
(vii) An affidavit, that up-to-date income tax returns, as prescribed under the
Income Tax Act, 1961, have been filed and the tax due, including the tax
on account of self-assessment has been paid.
(viii) (a) Particulars of the prospecting licence of which renewal is desired.
(b) Details of previous renewal/renewals granted, if any.
 70

(ix) Reasons in detail for asking for renewal of prospecting licence along
with a report on the prospecting already done.
(x) Period for which renewal of prospecting licence is desired.
(xi) Whether renewal is desired for the whole or part of the area held under
prospecting licence.
(xii) In case the renewal applied for is only for part of the area held under
prospecting licence.
(a) the area applied for renewal.
(b) description of the area applied for renewal (description should be
adequate for the purposes of demarcating the plot).
(c) particulars of the map of area held under prospecting licence with
area applied for renewal clearly marked on it attached.
(xiiA) (a) Does the applicant continue to have he surface rights over the areas
of the land for which he requires renewal of the prospecting
licence?
(b) If not, has he obtained the consent of the owner and the occupier for
undertaking prospecting operations? If so, the consent of the owner
and occupier of the land obtained in writing, be filed.
(xiiB) Particulars of the area mineral-wise in each State only supported by an
affidavit for which the applicant or any person jointly in interest with
him -
(a) already holds under prospecting licence;
(b) has already applied for but not granted; or
(c) being applied for simultaneously.
(xiii) Any other particulars which the applicant may wish to furnish.

I/We do hereby declare that the particulars furnished above are correct
and am/are ready to furnish any other details, including accurate plans, as may be
required by you.

Yours faithfully,

Place Signature and designation of

Date the applicant

N.B.- If the application is signed by an authorised agent of the applicant, Power of

Attorney should be attached.
 71

FORM F
Model Form of Prospecting Licence
[See rule 15(2)]

THIS INDENTURE made this................ day

of........... 20 Between the Governor of ...... /the
President of India (hereinafter Referred to as the `State
Government' which expression shall where the context
so admits be deemed to include his successors and
When the licensee assigns) of the one part and..............................
is an individual (name of person with Address and occupation)
(hereinafter referred to as "the licensee" which
expression shall where the context so admits be deemed
to include his heirs, executors, administrators,
representatives and permitted assigns).

-------------------------------------------------------
.......................................... (Name of person with
When the licensee address and occupation) and...................
are more than (Name of person with addresses
one individual. and occupation) (hereinafter referred to as "the
licensees" which expression shall where the context
so admits be deemed to include their respective
heirs, executors, administrators,representatives and
permitted assigns).

…..................................................................
(Name and address of partner) son of ……................... .
of......... ..................son of..........……. of.…...............son
of.. . of......all carrying on business in partnership under
the firm name and style of (name of the firm) registered
under the Indian Partnership Act, 1932 (9 of 1932) and
When the licensee having their registered office at.............in the town
is a registered firm of..................(hereinafter referred To as "the licensees"
which expression shall where the context so admits be
deemed to include all the said partners, their respective
heirs, executors, legal representatives and permitted
assigns).

………............................................ ........... (Name of

company) a company registered under...........................
........ (Act under which incorporated) and having its
When the licensee is a registered office at...........(Address) (hereinafter is a
registered company referred to as "the licensee" which expression
shall where the context so admits be deemed to include
its successors and permitted assigns) of the other part.
 72

WHEREAS the licensee/licensees has/have applied to the State Government in accordance

with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules) for a licence
to prospect for.................. in the land specified in Schedule `A' hereunder written and delineated
in the plan herewith annexed (hereinafter referred to as the said lands) and has/have deposited
with the State Government Rs............ as the prescribed security in respect of such licence and
has/have paid to the State Government the sum of Rs………. as the prescribed prospecting fee
for.......... months/ years in advance in respect of such licence and WHEREAS there is no
objection to the grant of such licence 1/and WHEREAS the Central Government has approved
the grant of this licence NOW THESE PRESENTS WITNESS as follows:

PART-I

In consideration of the fee, royalties, covenants, and agreements hereinafter reserved

and contained and on the part of the licensee/licensees to be paid observed and performed the
State Government hereby grants and demises into the licensee/licensees the sole rights and
licence.

To enter upon the lands and to search for, win or carry away and dispose of minerals won.

(1) To enter upon the said lands and to search for by quarrying,boring and digging or
otherwise all or any..........................(Name of minerals) lying or being within
under or throughout the said lands;

(2) in the case of minerals other than gold, silver, precious stones or mica, this
licence shall not confer upon the licensee a right to win or carry away the
minerals for commercial purposes:

Provided that the licensees may win and carry away for purposes Other than
commercial purposes-

(a) any quantity of such minerals within the limits specified in Schedule III of the
Mineral Concession Rules, 1960, without any payment;
(b) any quantity of such minerals exceeding such limits but not exceeding twice
such limits, which is won during prospecting operations on payment of royalty
for the time being specified in the Second Schedule to the Act in respect of
those minerals;
(c) any quantity of limestone not exceeding 500 (tonnes) for testing its use in any
industry specified by the Central Government in this behalf, on payments of
royalty for the time being specified in the Second Schedule to the Act in respect
of limestone;
(d) With the written approval of the State Government, the licensee may carry away
quantities of minerals in excess of twice the limit specified in the Schedule III
on payment of royalty for the time being specified in the Second schedule to the
Act, for chemical, metallurgical, ore-dressing and other test purposes;

1/ In case of “specified” minerals only.

 73

To clear undergrowth and brushwood, etc.

(3) Subject to the provisions of clauses 5 and 6 of Part II of these presents for the
purpose aforesaid to clear undergrowth and brushwood and trees with the
sanction of the Deputy Commissioner/Collector previously obtained in writing, to
make and use any drains or water courses on the said lands for purposes as may
be necessary for effectually carrying on the prospecting operations and for the
workmen employed thereon and with the like sanction to use any water provided
always that such use shall not diminish or interfere with the supply of water to
which any cultivated land, building or watering place, for livestock has heretofore
been accustomed and streams, springs or well shall be fouled or polluted by any
such use or the operations hereby licensed.

To bring upon and erect machinery etc. on the said lands

(4) To erect and bring upon the said lands all such temporary huts, sheds and
structures steam sand other engine machinery and conveniences, chattels and
effects as shall be proper and necessary for effectually carrying on the prospecting
operations hereby licensed or for the workmen employment thereon.

RESERVED nevertheless to the State Government full power and liberty at all times to
enter into and upon and to grant or demise to any person or persons whomsoever liberty to enter
into and upon the said lands for all or any purposes other than those for which sole rights and
licence are hereby expressly conferred upon the licensee/licensees and particularly (and without
hereby in any way qualifying such general power and liberty)to make on, over or through the
said lands such roads, tramways and ropeways as shall be considered necessary or expedient for
any purposes and to obtain from and out of the said lands such stone, earth or other materials as
may be necessary or requisits for making, repairing or maintaining such roads, tramways,
railways and ropeways to pass and repass at all times over and along such roads, tramways,
railways and ropeways for all purposes and as occasion shall require.

To hold the said right and licence unto the licensee/licensees from the date of these
presents for the term of (hereinafter referred to as the said term).

Paying therefor annually in advance a sum of Rs..................... being the prospecting fee for
each year or portion of a year and immediately on the expiration of sooner determination of the
said term clear of all fees, rates, taxes, charges, deductions and royalty at the rates specified in
Schedules `B' and 'C' hereunder written on the minerals won and carried away by the
licensee/licensees during the said terms.
 74

PART-II
Covenants by Licensee/Licensees

The licensee/licensees hereby covenants/covenant with the State Government as

follows:-

Payment and rates of royalty

(1) To pay royalty to the State Government at such rates and at such time as are
specified in Schedule `C' hereunder written provided that the licensee/licensees shall be entitled
to carry away free of royalty not more than................. for experimental purposes.

Payment of prospecting fee

(2) To pay annually in advance a prospecting fee in respect of ensuing year or part of
the year at such rates and time as are specified in Schedule `B' hereunder written.

To Carry on work in workman-like manner

(3) To work and carry on the operations hereby licensed in a fair orderly skilful and
workman-like manner and with as little damage as may be to the surface of the lands and to
trees, crops, buildings structures and other property thereon.

Maintenance of correct accounts

(4) Licensee/licensees shall maintain a correct and faithful account of all the expenses
incurred by him/them on prospecting operations and also the quantity and other particulars of all
minerals obtained during such operations and their despatch.

No mining operations within 50 metres of public work, etc.

(5) The licensee/licensees shall not work or carry on or allow to be worked or carried
on any prospecting operations at or to any points within a distance of 50 metres from any railway
line except with the previous written permission of the Railway Administration concerned or
from any reservoir, canal or other public works such as public roads and buildings or inhabited
site except with the previous written permission of the Deputy commissioner/Collector or any
other Officer authorised by the State Government in this behalf and otherwise than in accordance
with such instructions, restrictions and conditions either general or special which may be
attached to such permission. The said distance of 50 metres shall be measured in the case of
railway line, reservoir or canal horizontally from the outer toe of edge bank or the outer edge of
the cutting as the case may be and in case of a building horizontally from the plinth thereof. In
the case of village roads no workings shall be carried on within a distance of 10 metres of the
outer edge of the cutting except with the previous written permission of the Deputy
Commissioner/Collector or any other officer duly authorised by the State Government in this
behalf and otherwise than in accordance with such directions, restrictions and additions, either
general or special, which may be attached to such permission.
 75

Explanation : For the purposes of this clause the expression `Railways

Administration’ shall have the same meaning as it is defined to have in the Indian Railways Act,
1890, by clause (6) of section 3 of that Act. `Public Road' shall mean a road which has been
constructed by artificially surfaced as distinct from a tract resulting form repeated use. Village
road will include any track shown in the Revenue records a village road.

Not to cut or injure trees in reserved forest, etc. without previous permission.

(6) Not to cut or injure any timber or tree on any unoccupied or unreserved land
without the written permission of the Deputy Commissioner/Collector nor without such
permission disturb the surface of any road or enter upon any public pleasure ground, burning or
burial ground or any place held sacred by any claws of persons or Interfere with any right of
way, well or tank.

(7) 1 Not to enter upon any land in the occupation of any person without the consent of
the occupier nor to cut or in any way injure any trees, standing crops, buildings buts, structures
or other property of any kind, occupier of any land or any other person without the written
consent at such owner, occupier or person.

Not to commence work in reserved forest without previous permission.

(8) Not to enter upon or commence prospecting in any protected or reserved forest
situated upon the lands without obtaining the written sanction of the District Forest Officer nor
otherwise than in accordance with such conditions as may be prescribed in such sanction.

Indemnify Government against all claims.

(9) To make reasonable satisfaction and pay such compensation as may be assessed by
lawful authority in accordance with the law in force on the subject for all damage, injury, or
disturbance which may be done by him in exercise of the powers granted by this licence and to
indemnify and keep indemnified fully and completely the State Government against all claims
which may be by any person or persons in respect of any such damage, injury or disturbance and
all costs and expanses in connection therewith.

(9A) To pay a wage not less than the minimum wage prescribed by the Central or State
Government from time to time.

(9B) To comply with the provisions of the Mines Act, 1952.

(9C) To take measures, at his own expense, for the protection of environment like
planting of trees, reclamation of mined land, use of pollution-control devices, and such other
measures as may be prescribed by the Central or State Government from time to time.

1. This clause should be suitably modified if it be not in accordance with the provision of local land.
 76

(9D) To pay compensation to the occupier of the surface of the land on the date and in
the manner laid down in these rules.

Forfeiture of security deposits, etc.

(10) Whenever the security deposit of Rs.......... or any part thereof or any further sum
hereafter deposited with the State Government in replenishment thereof shall be forfeited or
applied by the State/Central Government. Pursuant to the power hereinafter declared in that
behalf the licensee/licensees shall forthwith deposit with the State Government such further sum
as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the
State Government up to the sum of Rs..................

Licensee not to be Controlled by trust, syndicate, etc.

(11) The licensee/licensees shall not be controlled or permit himself/themselves to be

controlled by any trust, syndicate, corporation, firm or person except with the written consent of
the State Government which will be given only after obtaining the prior approval of the Central
Government in cases where prospecting licence executed is in respect of minerals included in the
First Schedule to the Act.

Report of accident

(12) The licensee/licensees without delay send to the Deputy Commissioner/Collector

a report of any accident causing death or serious bodily injury or serious injury to property or
seriously affecting or endangering life or property which may occur in the course of the
operations under this licence.

Section 18 of the Act 67 of 1957

(13) The licensee/licensees shall be bound by such rules as may be issued by the
Central Government under section 18 of the Mines and Minerals (Regulation and Development)
Act, 1957 (67 of 1957) and shall not carry on prospecting or other operations under the said
licence in any way other than as prescribed under these rules.

To provide for weighing or measurement of material won

(14) At such times and occasions as may be required the licensee/licensees shall well
and truly measure or weigh or cause to be measured or weighed upon some part of the said lands
all minerals from time to time won from the said lands by the licensee/licensees and all such
minerals as may require to be measured or weighed for the purpose of ascertaining the royalty
payable under these presents shall be so measured or weighed. The licensee/licensees
agrees/agree not to take away from the said lands any minerals so won until the same shall have
been measured or weighed as the case may be. The licensee/licensees further agrees/agree to
give............. days previous notice in writing to the Deputy Commissioner/Collector of every
such measuring or weighing in order that he or some person on his behalf may be present thereat.
 77

Plugging of bore holes, fencing, etc., and restoring the surface of land after
determination of abandonment.

(15) Save in the case of land over which the licensee/licensees shall have been granted
a mining lease, on or before the expiration or sooner determination of the licence, he shall within
six months next after the expiration or sooner determination of the licence or date of
abandonment of the undertaking, whichever shall first occur, securely plug any bore or hole and
fill up or fence any holes or excavations that may have been made in the lands to such an extent
as may be required by the Deputy Commissioner/Collector concerned and shall to a like extent
restore the surface of the land and all buildings there on which may have been damaged or
destroyed in the course of prospecting provided that licensee/licensees shall not be required to
restore the surface of the land, or any building in respect of which full and proper compensation
has already been paid.

Removal of machinery, etc. after expiration, determination of abandonment.

(16) Upon the expiration or sooner determination of this licence or the abandonment of
the operations hereby licensed, whichever shall first occur, the licensee/licensees shall remove
expeditiously at his/their own cost all buildings, structures, plant, engines machinery,
implements, utensils and other property and effects theretofore, erected or brought by the
licensee/licensees and then standing or being upon the said lands and also all minerals
theretofore won by the licensee/licensees under the authority of these presents and then being
upon the said lands PROVIDED that this covenant shall not apply to any part of the said lands
which may be comprised in any mining lease granted to the licensee/licensees during the
subsistence of this licence.

Report of work done before the refund of security deposits

(17) At any time before the said security deposit is returned to him/them or transferred
to any other account or (within one month after the expiration or sooner determination of the
licence or abandonment of the operations whichever is earlier, the licensee/licensees shall submit
to the State Government confidentially a full report of the work done by him/them and disclose
all information acquired by him them in the course of the operations carried on under this licence
regarding the geology and mineral resources of the area covered by the licence.

Report of information obtained by Licensee;

(17A)(1) The licensee shall submit to State Government :

(a) a quarterly report of the work done by him stating the number of persons
engaged and disclosing in full the geological, geophysical, or other
valuable data collected by him during the period. The report shall be
submitted within three months of the close of the period to which it
relates;
(b) within three months of the expiry of the licence, or abandonment of
operations or termination of the licence, whichever is earlier, a full report
 78

of the work done by him and all information relevant to mineral resources
acquired by him in the course of prospecting operations in the area
covered by the licence.

(2) While submitting reports under clause (1), the licensee may specify that the whole
or any part of the report or data submitted by him shall be kept confidential and
the State Government shall thereupon keep the specified portions as confidential
for a period of two years from the expiry of the licence, or abandonment of
operations or termination of the licence, whichever is earlier.

Employment of foreign nationals

(18) the licensee/licensees shall not employ, in connection with the prospecting
operation any person who is not an Indian National except with the previous approval of the
Central Government.

Furnishing of Geophysical data

(19) The licensee/licensees shall furnish :

(a) all geophysical data relating to prospecting or engineering and ground water
surveys, such as anomaly maps, sections, plans, structures, contour maps,
logging, collected by him/them during the course of prospecting
operations to the Director General, Geological Survey of India, Calcutta;

(b) all information pertaining to investigations of radio active minerals

collected by him/them during the course of prospecting operations to the
Secretary to the Department of Atomic Energy, New Delhi.

Data or information referred to above shall be furnished every year reckoned from the
date of commencement of the period of the prospecting licence.

PART-III
Powers of the government

It is hereby agreed as follows;-

Cancellation of the licence and forfeiture of the deposit in case breach of conditions

(1) In the case of any breach of the condition of the licence/licences or his transferees
or assignees, the State Government shall give a reasonable opportunity to the licensee/licensees
of stating him/their case and where it is satisfied that the breach is such as cannot be remedied,
on giving thirty days notice to the licensee/licensees or his transferees or assignees, determine
the licence and or forfeit the whole or any part of the said deposit of Rs......... deposited under the
covenants in that behalf as the State Government may deem fit. In case the State Government
 79

considers the breach to be of a remediable nature, it shall give notice to the licensee/licensees or
his transferees or assignees as the case may be requiring him/them to remedy the breach within
thirty days from the date of receipt of the notice informing him of the penalty proposed to be
inflicted if such remedy is not made within such period.

Application of security to payment of compensation

(2) The State Government may from time to time appropriate and apply the said
deposit of Rs…….. or any part thereof or any further sum deposited under any covenants in that
behalf hereinbefore contained in or towards payment or satisfaction of any claims to
compensation which the Government has or may have against the licensee/licensees and/or
which may be made by any person or persons against the licensee/licensees and or the State
Government in respect of_any damage or injury done by the licensee/licensees in exercise of any
of the powers conferred by this licence and in or towards payment of any damages, costs or
expenses which may become payable as the result of or in connection with any suits or
proceedings which may be instituted against the State Government in respect of any such
damage or injury and also in or towards payment of the expense of the carrying out or
performance of any works or matters which the licensee/licensees shall fail to carry out or
perform after the expiry or sooner determination of this licence or the abandonment of the
operations hereby licensed in accordance with the covenants in that behalf hereinbefore
contained or in payment or satisfaction of any such claims, damages, costs and expenses.

When the properties of licensee are not removed from the lands in time

(3) If any buildings, structures, plants, engines, machinery implements utensils or other
property or effects or any minerals which ought to be removed by the licensee/licensees from the
said lands, in accordance with the covenant in that behalf hereinbefore contained be not so
removed within one calendar month after notice in writing requiring their removal shall have
been given to the licensee/licensees by the State Government, the same shall be deemed to
become the property of the State Government and may be sold or disposed of for the benefit of
the State Government in such manner as the State Government shall deem fit, without any
liability to pay any compensation to account to licensee/licensees in respect thereof.

Licensee/licensees to pay for work done on his behalf

(4) If any of the works or matters which in accordance with the covenants in that
behalf hereinbefore contained are to be carried out or performed by the licensee/licensees, be not
so carried out or performed within the time specified In that behalf, the State Government may
cause the same to be carried out or performed and the licensee/licensees shall pay the State
Government on demand all expenses which shall be incurred in such carrying out or performance
of the same.

Right of pre-emption

(5) (a) The State Government shall from time to time and at all times during the said
term have the right (to be exercised by notice in writing to the
 80

licensee/licensees) of pre-emption of the said minerals (and/all products

thereof) lying in or upon the said lands or elsewhere under the control of the
licensee/licensees and the licensee/licensees shall with all possible
expedition deliver all minerals or products or minerals purchased by the
State Government under the power conferred by this provision in the
quantities at the time in the manner and at the place specified in the notice
exercising the said right.

(b) Should the right of pre-emption conferred by this present provision be

exercised and a vessel chartered to carry the minerals or products thereof
procured on behalf of the State Government or the Central Government be
detained on demurrage at the port of loading, the licensee/licensees shall pay
the amount due for demurrage according to the terms of the charter party of
such vessel unless the State Government shall be satisfied that the delay
issue to cause beyond the control of the licensee/licensees.

(c) The price to be paid for all minerals or products of minerals taken in pre-
emption by the State Government in exercise of the right hereby conferred
shall be the fair market prevailing at the time of pre-emption, PROVIDED
THAT in order to assist in arriving at the said fair market price the
licensee/licensees shall it so required furnish to the State Government for the
confidential information of the Government, particulars of the quantities,
descriptions and prices of the said mineral or products thereof sold to other
customers and of charters entered into for freight for carriage of the two and
shall produce such to officer or officers as may be directed by the State
Government original or authenticated copies of contracts and charter parties
entered into for the sale of freightage of such minerals or products.

(d) In the event of the existence of a state of war or emergency (of which
existence the President of India shall be the sole judge and a notification to
this effect in the Gazette of India shall be conclusive proof) the State
Government with the consent of the Central Government shall from time to
time and at all times during the said term have the right (to be exercised by a
notice in writing to the licensee/licensees) forthwith take possession and
control of the works, plant, machinery and premises of the licensee/licensees
on or in connection with the said lands or the operations under this licence
and during such possession or control, the licensee/licensees shall conform to
and obey all directions given by or on behalf of the Central or State
Government regarding the use of employment of such works, plants,
premises and minerals, PROVIDED THAT fair compensation, which shall
be determined in default of agreement by the State Government shall be paid
to the licensee/licensees for all loss or damage sustained by him/them by
reason or in consequence of the exercises of the powers conferred by this
clause and PROVIDED ALSO that the exercise of such power shall not
determine the said term hereby granted or affect the terms and provisions of
 81

these presents further than may be necessary to give effect to the provisions
of this clause.

PART-IV
Rights of licensee/licensees

It is hereby further agreed as follows:-

Transfer of licence and fee payable

(1) During the subsistence of this licence or of any renewal thereof the
licensee/licensees may, with the previous sanction of the State Government, transfer his/their
licence or any right, title or interest therein to a person who has filed an affidavit stating that he
has filed up-to-date income tax returns, paid income tax assessed on him and paid the income tax
on the basis of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961), on
payment of a fee of five hundred rupees. Provided that the State Government shall, not give its
sanction unless -

(i) the licensee has furnished an affidavit along with his application for transfer of
the prospecting licence specifying therein the amount that he has already taken or
propose to take as consideration from the transferee;

(ii) the transfer of the prospecting licence is to be made to a person or body directly
undertaking prospecting operations.

Renewal of Prospecting Licence

(2) If the licensee/licensees be desirous of taking a renewed licence of the premises

hereby demised or of any parts of that for a further term from the expiration of the term hereby
granted and is otherwise eligible, he/they shall apply to the State Government for renewal at least
prior to the date of expiration of the term of licence under these convenants and shall pay the
rents and royalties hereby reserved and shall observe and perform the several covenants and
agreements herein contained and on the part of licensee/licensees to he observed and performed
up to the expiration of the term hereby granted. The State Government on receipt of the
application for renewal shall consider it in accordance with relevant sections of the Act and
relevant rules of the Mineral Concession Rules, 1960 and shall pass such orders as it may deem
fit. If renewal is granted the State Government will at the expense of the licensee/licensees and
upon his/their executing and delivering to the State Government, if required, the counterpart
thereof, execute and deliver to the licensee/licensees the renewed licence of the said premises or
part thereof for a further term of...... years at such rates of royalty and on such terms and subject
to such rates and royalties and on such terms and subject to such convenants and agreements
including this present covenant be renewed and shall in accordance with the Mineral Concession
Rules, 1960 applicable....................................
(names of minerals) on the day next following the expiration of the term hereby granted.
 82

Preferential right of the licensee/licensees for obtaining mining Lease

(3) On or before the determination of the licence or any renewal thereof, the
licensee/licensees shall have a preferential right for obtaining a mining lease in respect of whole
or part of that land over any other person, provided that the State Government is satisfied that the
licensee/licensees has/have not committed any breach of the terms and conditions of the
prospecting licence, [has undertaken prospecting operations to establish mineral resources in
such land] and is otherwise a fit person for being granted the mining lease.

(3-A) If an application for renewal of the prospecting licence made in accordance with
the rules is not disposed of by the State Government before the expiry of the licence, the licence
shall be deemed to have been renewed for a period [not exceeding the period prescribed for the
renewal of prospecting licence under sub-section (2) of section 7 of the Act or the period for
which the application is made, whichever is less.

Extension of period of prospecting licence

(4) If the licensee/licensees before the determination of this licence or of any renewal
thereof applies/apply for the grant of a mining lease over the whole or any part of the said lands,
the period of this licence shall be further extended over that part of the said lands, until his
application for mining lease is disposed of or deemed to have been refused under sub-rule (1) or
sub-rule (3), as the case may be, of rule 24 of the Mineral Concession Rules, 1960, or any other
law in force. No fee shall be payable in respect of any period so extended.

Refund of deposit

(5) On such date within six calendar months after the determination of this licence or
of any renewal thereof, as the State Government shall elect after compliance by the
licensee/licensees of rule 16 of Mineral Concession Rules, 1960, the amount then remaining in
deposit with the State Government and not required to be applied to any of the purposes in Part
III of these presents mentioned, shall be refunded to the licensee/licensees or if the
licensee/licensees shall have obtained a mining lease over the said lands or any portion thereof,
be retained at the credit of the licensee/licensees on account of the fees, rents and royalties to
become payable under such lease. The amount shall in no case carry any interest whatsoever.

PART-V
General Provisions

It is lastly agreed as follows:-

Acquisition of land and compensation thereof

(1) If after the receipt of an offer of compensation for any damage which is likely to
arise from the proposed operation of the licensee/licensees, the occupier of the surface of any
part of the said lands shall refuse his consent to the exercise of the rights and powers reserved to
 83

the State Government and granted by this licence, the licensee/licensees shall report the matter to
the State Government and shall deposit with it the amount offered as compensation and if the
State Government is satisfied that the amount of compensation is reasonable or if it is not so
satisfied and the licensee/licensees shall have deposited with it such further amount as the State
Government may consider reasonable, the State Government shall order the occupier to allow the
licensee/licensees to enter upon the said land and carry out such operations as may be necessary
for the purpose of the licence. In assessing the amount of such compensation the State
Government shall he guided by the principles of the Land Acquisition Act.

Delay in fulfilment of the term of licence due to force majeure

(2) Failure on the part of the licensee/licensees to fulfil any of the terms and conditions
of this licence shall not give the State Government any claim against him/them or be deemed a
breach of the licence in so far as such failure is considered by the State Government to arise from
force majeure. If the fulfilment of the licensee/licensees of any of the terms and conditions of
this licence be delayed from force majeure, the period of such delay shall be added to the period
fixed by this licence.

The expression force majeure means act of God, war, insurrection,riot, civil
commotion, strike, tide tidal wave, storm, flood, lightning, explosion, fire, earthquake and any
other happening which the licensee/licensees could not reasonably prevent or control.

Service of notices

(3) Every notice required to be given to the licensee/licensees shall be given in writing
to such person as the licensee/licensees may appoint for the purpose of receiving such notices or
if no such appointment is made then the notice shall be sent to the licensee/licensees by
registered post addressed to him/them at the address shown in his/their application for the licence
or at such other address in India as he/they designate from time to time and every such service
shall be deemed to be proper and valid service upon the licensee/licensees and shall not be
questioned or challenged by him.

Discovery of new minerals

(4) The licensee shall report to the State Government the discovery of any mineral not
specified in the licence within a period of sixty days from the date of such discovery and shall
not undertake any prospecting operations in respect of such mineral unless such mineral is
included in the licence.

Immunity of State Government from liability to pay compensation

(5) If in any event the orders of the State Government are revised, reviewed or
cancelled by the Central Government in pursuance of proceedings under Chapter VII of the
Mineral Concession Rules, 1960, the licensee/licensees shall not be entitled to compensation for
any loss sustained by the licensee/licensees in exercise of the powers and privileges conferred
upon him/them by these presents.
 84

(6) The licence deed is executed at the Capital of the State of ……………….. (Name of
the State) and subject to the provision of article 226 of the Constitution of India it is hereby
agreed upon by the licensee and the State Government that in the event of any dispute in relation
to the area under prospecting licence, condition of the licence deed and in respect of all matters
touching the relationship of the licensee and the State Government, suits of petitions shall be
filed in civil courts at ……………………(name of the city) and it is hereby expressly agreed
that neither party shall file a suit or appeal or bring any actions at any place other than the courts
named above.

IN WITNESS WHEREOF these presents have been executed in the manner hereunder
appearing the day and year first above written.

SCHEDULE A
The land covered by the licence

(Here insert the description of lands with area, boundaries, names of District, Sub-
Division, Thana, etc. and cadastral survey numbers, if any. In case a map is attached, refer the
map in the description to be inserted.)

SCHEDULE B
Prospecting Fee

(Here specify the amount of the prospecting fee and the manner and time of payment)

SCHEDULE C
Royalty

1. Rates of royalty on minerals shall be in accordance with the Second Schedule of

the Act.

2. (a) Here insert the mode of arriving at sale prices at pits mouth of
mineral/ minerals.

(b) The manner and time of payment of royalty

 85

1
[FORM F -1
(RECONNAISSANCE PERMIT DEED)

( See rule 7A )

When the permit THIS INDENTURE made this................ …day

holder is of……............. 20 between the Governor of ...... /the President of
individual India ( hereinafter referred to as the `State Government' which
expression shall where the context so admits be deemed to include
his successors and assigns) of the one part and............................. and
…………………………. (name of person with address and
occupation) (hereinafter referred to as "the permit holder"
which expression shall where the context so admits be deemed
to include his heirs, executors, administrators,
representatives and permitted assigns).

When the permit ……………………………………………………………………….

holders are more ……………………..................... (Name of person with address and
than one individual occupation) and………....................(Name of person with addresses
and occupation) (hereinafter referred to as "the permit holders" which
expression shall where the context so admits be deemed to include
their respective heirs, executors, administrators, representatives and
their permitted assigns).

When the permit . .......................…………….. (Name and address of partner) son of

holder is ……………………............. . of......... ................………………….. …
A registered firm …………………………son of.........……………...of..............……….
. …………………….son of……………… of...……………………….
all carrying on business in partnership under the firm name and style
of (name of the firm) ………………………………………
registered under the Indian Partnership Act, 1932 (9 of 1932)
and having their registered office at...........…..in the
town of .................. …. (hereinafter referred to as `the permit holder'
which expression shall where the context so admits be deemed to
include all the said partners, their respective heirs, executors, legal
representatives and permitted assigns).

When the permit ........................................... ........... ……………………….. (Name of

holder is company) a company registered under....................……………...Act
a registered company. under which incorporated) and having its registered office at...….......
……………….( Address ) ( hereinafter referred to as "the permit

1 Inserted by G.S.R. No. 56 (E), dated 17.1.2000.

 86

holder" which expression shall where the context so admits be

deemed to include its successors and permitted assigns) of the other
part.

WHEREAS the permit holder/holders has/have applied to the State Government in

accordance with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules)
for a reconnaissance permit to prospect for.................. in the land specified in Schedule `A'
hereunder written and delineated in the plan herewith annexed (hereinafter referred to as the
said lands) and has/have deposited with the State Government Rs............ as the prescribed
security according to rule 7B in respect of such permit and has/have paid to the State
Government the sum of Rs………….. as the prescribed permit fee for.......... months/ years in
advance in respect of such permit and WHEREAS there is no objection to the grant of such
permit and WHEREAS the Central Government has approved the grant of this permit. NOW
THESE PRESENTS WITNESS as follows:

PART-I
In consideration of the fee, covenants and agreements hereinafter reserved and
contained
and on the part of the permit holder(s) to be paid, observed and performed, the State
Government hereby grants the reconnaissance permit and demises into the permit holder(s) the
rights.

(1) To enter upon or fly over the lands and undertake reconnaissance operations :

To enter upon or fly over the said lands and to undertake reconnaissance operations to
search for all, or any........................... (Name of minerals) lying, or being within, under or
throughout the said land :

Provided that :

the permit holder shall not enter any forest land or any private land without obtaining
permission of the forest department or the owner of the private land, as the case may be;

the permit holder shall not fly over the said land unless all necessary clearances from the
Defence and Home Ministries, Govt. of India and the Director General, Civil Aviation,
Government of India have been obtained for undertaking aerial surveys.

(2) To use water and clear undergrowth and brush wood etc.:

Subject to the provisions of clause (1) to make and use any drains or water, grounds on
the said land for purposes as may be necessary for effectively carrying on the
reconnaissance operations and to the workers employed therein and to use water
provided always that such use shall not diminish or interfere with the supply of water to
 87

which any cultivated land, village, building or watering place for livestock has heretofore
been accustomed and that no streams, springs or well shall be fouled or polluted nor any
trees cut or injured by any such use or the reconnaissance operations hereby permitted.

(3) To bring upon machinery etc. :

To bring upon the said lands such machinery, equipment and conveniences as may be
proper and necessary for effectively carrying on the reconnaissance operations hereby
permitted or for the workmen employed thereon.

Reserved nevertheless to the State Government full power and liberty at all times to
enter into and upon the said lands for all or any purposes other than those for which sole
rights and permit hereby expressly conferred upon .

To hold the said right and permit unto the permit holder(s) from the date of these
presents for the term of ………………… (hereinafter referred as the said term).

Paying therefor annually in advance a sum of Rs..................... being the permit fee for
each year or portion of a year as specified in Schedule B and immediately on the
expiration or sooner determination of the said term clear of all fees, rates, taxes, charges
and deductions by the permit holder(s) during the said terms.

PART-II

Covenants by Permit holder(s)

The Permit holder(s) hereby covenants/covenant with the State Government as follows:-

Payment of permit fee:

(1) To pay annually in advance a permit fee in respect of ensuing year or part of the
year at such rates and time as are specified in Schedule `B' hereunder written.

To carry on work in workman-like manner:

(2) To work and carry on the operations hereby permitted in a fair, orderly, skilful and
workman-like manner and with as little damage as may be to the surface of the
lands and to trees, crops, buildings structures and other property thereon.

Maintenance of correct accounts :

(3) Permit holder(s) shall maintain an accurate and faithful account of all the expenses
incurred by him/them on reconnaissance and also the quantity and other particulars of
all samples obtained during such operations and their despatch.
 88

Not to cut or injure trees or disturb public places without previous permission :

(4) Not to cut or injure any timber or tree on any unoccupied or unreserved land without
the written permission of the Deputy Commissioner/Collector nor without such
permission disturb the surface of any road or enter upon any public pleasure ground,
burning or burial ground or any place held sacred by any class of persons or interfere
with any right of way, well or tank.

(5) Not to enter upon any land in the occupation of any person without the consent of the
occupier nor to cut or in any way injure any trees, standing crops, buildings, huts,
structures or other property of any kind of the occupier of any land or any other person
without the written consent of such owner, occupier or person.

Not to commence work in forest lands without previous permission :

(6) Not to enter upon or commence reconnaissance or prospecting in any forest land
without obtaining the written sanction of the Forest Officer so authorised in this
behalf by the State Government.

Indemnify Government against all claims :

(7) To make reasonable satisfaction and pay such compensation as assessed by lawful
authority in accordance with the law in force on the subject for all damage, injury, or
disturbance which may be done by him in exercise of the powers granted by this
permit and to indemnify and keep indemnified fully and completely the State
Government against all claims which may be made by any person or persons in
respect of any such damage, injury or disturbance and all costs and expenses in
connection therewith.

Abide by other Acts and Rules :

(8A) To pay a wage not less than the minimum wage prescribed by the Central or State
Government from time to time.

(8B) To comply with the provisions of the Mines Act, 1952.

(8C) To take measures, at his own expenses, for the protection of environment as may be
prescribed by the Central or State Government from time to time.

(8D) To pay compensation to the occupier of the surface of the land on the date and in
the manner laid down in these rules.
 89

Forfeiture of security deposits, etc. :

(9) Whenever the security deposit of Rs.......... or any part thereof of any further sum
hereafter deposited with the State Government in replenishment thereof shall be
forfeited or applied by the State/Central Government, pursuant to the power
hereinafter declared in that behalf the permit holder(s) shall forthwith deposit
with the State Government such further sum as may be sufficient with the
unappropriated part thereof to bring the amount in deposit with the State
Government up to the sum of Rs..................

Permit holder not to be controlled by trust, syndicate, etc. :

(10) The permit holder(s) shall not be controlled or permit himself/themselves to be

controlled by any trust, syndicate, corporation, firm or person except with the
written consent of the State Government which will be given only after obtaining
the prior approval of the Central Government in case where reconnaissance
permit executed is in respect of minerals included in the First Schedule to the
Act.

Report of accident :

(11) The permit holder(s) shall without delay send to the Deputy Commissioner/
Collector a report of any accident causing death or serious bodily injury or
serious injury to property or seriously affecting or endangering life or property
which may occur in the course of the operations under this permit.

Section 18 of the Act :

(12) The permit holder(s) shall be bound by such rules as may be issued by the
Central Government under section 18 of the Act and shall not carry on
reconnaissance, prospecting or other operations under the said permit in any way
other than as prescribed under these rules.

Plugging of bore holes, fencing, etc. and restoring the surface of land after determination or
abandonment :

(13) Save in the case of land over which the permit holder(s) shall have been granted a
prospecting licence or mining lease, on or before the expiration or sooner
determination of the permit, he shall within six months next after the expiration
or sooner determination of the permit or the date of abandonment of the
undertaking, whichever shall first occur, securely plug any bore or hole and fill
up or fence any holes or excavations that may have been made in the lands to
such an extent as may be required by the Deputy Commissioner/Collector
concerned and shall to a like extent, restore the surface of the land and all
buildings thereon, which may have been damaged or destroyed in the course of
 90

reconnaissance or prospecting, provided that permit holder(s) shall not be

required to restore the surface of land or any building in respect of which full
and proper compensation has already been paid.

Removal of machinery, etc. after expiration, determination or abandonment :

(14) Upon the expiration or sooner determination of this permit or the abandonment of
the operations hereby permitted, whichever shall first occur, the permit holder(s)
shall remove expeditiously at his/their own cost all plants, engines, machinery
implements, utensils and other property and effects theretofore, erected or
brought by the permit holder(s) and then standing or being upon the said lands
provided that this covenant shall not apply to any part of the said lands which
may be comprised in any prospecting licence or mining lease granted to the
permit holder(s) during the subsistence of this permit.

Report of work done before the refund of security deposits :

(15) At any time before the said security deposit is returned to him/them or transferred
to any other account or within one month after the expiration or sooner
determination of the permit or abandonment of the operations whichever is
earlier, the permit holder(s) shall submit to the State Government confidentially a
full report of the work done by him/them and disclose all information acquired by
him/ them in the course of the operations carried on under this permit regarding
the geology and mineral resources of the area covered by the permit.

Report of information obtained by Permit holder :

(16)(1) The permit holder(s) shall submit to State Government :

(a) a six monthly report of the work done by him/them stating the number of persons
engaged and disclosing in full the geological, geophysical, or other valuable data
collected by him during the period.

The report shall be submitted within three months of the close of the period to which it
relates

(b) within three months of the expiry of the permit, or abandonment of operations or
termination of the permit, whichever is earlier, a full report of the work done by him and
all information relevant to mineral resources acquired by him/them in the course of
reconnaissance in the area covered by the permit :

(2) While submitting reports under clause (1), the permit holder(s) may specify that
the whole or any part of the report or data submitted by him shall be kept confidential and
the State Government shall thereupon keep the specified portions as confidential; for a
period of two years from the expiry of the permit or abandonment of operations of
termination of the permit, whichever is earlier.
 91

Employment of foreign nationals :

(17) the permit holder(s) shall not employ, in connection with the reconnaissance
operation any person who is not an Indian National except with the previous approval of the
Central Government.

Furnishing of Geophysical data :

(18) The permit holder(s) shall furnish:

(a) all geophysical data relating to prospecting or engineering and ground water
surveys, such as anomaly maps, sections, plans, structures, contour maps, logging,
collected by him/them during the course of reconnaissance to the Director General,
Geological Survey of India, Calcutta;

(b) all information pertaining to investigations of radio active minerals collected

by him/them during the courses of operations to the Secretary to the Department of
Atomic Energy, New Delhi.

Data or information referred to above shall be furnished every year reckoned from the date of
commencement of the period of the reconnaissance permit.

PART III - Powers of the Government

It is hereby agreed as follows:-

Cancellation of the permit and forfeiture of the deposit in case of breach of conditions:

(1) In the case of any breach of any condition of the permit by the permit holders (s) or his
transferees or assignees, the State Government shall give a reasonable opportunity to the
permit holder(s) of stating his/their case and where it is satisfied that the breach is such as
cannot be remedied, on giving thirty days notice to the permit holder(s) or his transferees or
assignees, determine the permit and or forfeit the whole or any part of the said deposit
Rs......... deposited under the covenants in that behalf as the State Government may deem
fit. In case the State Government considers the breach to be of a remediable nature, it shall
give notice to the permit holder(s) or his transferees or assignees as the case may be
requiring him/them to remedy the breach within thirty days from the date of receipt of the
notice informing him of the penalty proposed to be inflicted if such remedy is not made
within such period.
 92

Application of security to payment of compensation :

(2) The State Government may from time to time appropriate and apply the said deposit of
Rs………………… or any part thereof or any further sum deposited under any covenants
in that behalf hereinbefore contained in or towards payment or satisfaction of any claims to
compensation which the Government has or may have against the permit holder(s) and/or
which may be made by any person or persons against the permit holder(s) and or the State
Government in respect of any damage or injury done by the permit holder(s) in exercise of
any of the powers conferred by this permit and in or towards payment of any damages,
cost or expenses which may become payable as the result of or in connection with any
suits or proceedings which may be instituted against the State Government in respect of
any such damage or injury and also in or towards payment of the expenses of the carrying
out or performance of any works or matters, which the permit holder(s) shall fail to carry
out or perform after the expiry or sooner determination of this permit or the abandonment
of the operations hereby permitted in accordance with the covenants in that behalf
hereinbefore contained or in payment or satisfaction of such claims, damages, costs and
expenses.

When the properties are not removed from the lands in time :

(3) If any plants, engines, machinery implements, utensils or other property or effects which
ought to be, removed by the permit holder(s) from the said lands, in accordance with the
covenant in that behalf hereinbefore contained, be not so removed within one calendar
month after notice in writing requiring their removal shall have been given to the permit
holder(s) by the State Government, the same shall be deemed to have become the property
of the State Government and may be sold or disposed of for the benefit of the State
Government in such manner as the State Government shall deem fit, without any liability to
pay any compensation or to account to the permit holder(s) in respect thereof.

Permit holder(s) to pay for work done on his/their behalf :

(4) If any of the works or matters, which in accordance with the covenants in that behalf
hereinbefore contained, are to be carried out or performed by the permit holder(s), be not so
carried out, or performed within time specified in that behalf, the State Government may
cause the same to be carried out or performed and the permit holder(s) shall pay the State
Government on demand all expenses which shall be incurred in such carrying out or
performance of the same.

Right of pre-emption :

(5) In the event of the existence of a state of war or emergency (of which the President of India
shall be the sole judge and a notification to this effect in the Gazette of India shall be
conclusive proof), the State Government with the consent of the Central Government shall,
from time to time and at all times during the said term, have the right [to be exercised by a
notice in writing to the permit holder(s)] to forthwith take possession and control of the
works, plants, machinery and premises of the permit holder(s) on or in connection with the
 93

said lands or the operations under this permit and during such possession or control, the
permit holder(s) shall conform to and obey all directions given by or on behalf of the
Central or State Government regarding the use of employment of such works, plants,
premises and minerals, provided that fair compensation, which shall be determined in
default of agreement by the Stale Government shall be paid to the permit holder(s) for all
loss or damages sustained by him/them by reason or any consequence of the exercises of
the powers conferred by this clause and provided also that the exercise of such powers shall
not determine the said term hereby granted or affect the terms and provisions of these
presents further than may be necessary to give effect to the provisions of this clause.

PART - IV
Rights of permit holder(s)

It is hereby further agreed as follows:-

Transfer of permit and fee payable :

1
(1) [Omitted]

Preferential right of the permit holder(s) for obtaining prospecting licence or mining lease :

(2) On or before the determination of the permit, the permit holder(s) shall have a preferential
right for obtaining a prospecting licence or mining lease in respect of whole or part of that
land over any other person provided that the State Government is satisfied that the permit
holder(s) has/have not committed any breach of the terms and conditions of the
reconnaissance permit, has undertaken reconnaissance operations to establish mineral
resources and is otherwise a fit person for being granted the prospecting licence or mining
lease.

Refund of deposit :
(3) On such date within six calendar months after the determination of the permit, as the
State Government shall elect after compliance by the permit holder of the provisions of
Mineral Concession Rules, 1960, the amount then remaining in deposit with the State
Government and not required to be applied to any of the purposes in Part III of these
presents mentioned, shall be refunded to the permit holder(s) or if the permit holder(s)
shall have obtained a prospecting licence or mining lease over the said lands or any
portion thereof, be retained at the credit of the permit holder(s) on account of the fees,
rents and royalties to become payable under such licence or lease. The amount shall in no
case carry any interest whatsoever.

Omitted by G.S.R.733 (E), dated 29.10 2002.

 94

PART-V

General Provisions
It is lastly agreed as follows:

Acquisition of land and compensation :

(1) If after the receipt of an offer of compensation for any damage which is likely to arise
from the proposed operation of the permit holder(s), the occupier of the surface of any
part of the said lands shall refuse his consent to the exercise of the rights and powers
reserved to the State Government and granted by this permit, the permit holder(s) shall
report the matter to the State Government and shall deposit with it the amount offered as
compensation and if the State Government is satisfied that the amount of compensation
is reasonable or if it is not so satisfied and the permit holder(s) shall have deposited with
it such further amount as the State Government may consider reasonable, the State
Government shall order the occupier to allow the permit holder(s) to enter upon the said
land and carry out such operations as may be necessary for the purpose of the permit. In
assessing the amount of such compensation the State Government shall be guided by the
principles of the Land Acquisition Act.

Delay in fulfilment of the term of permit due to force majeure :

(2) Failure on the part of the permit holder(s) to fulfil any of the terms and conditions of this
permit shall not give the State Government any claim against him/her or be deemed a
breach of the permit insofar as such failure is considered by the State Government to
arise from force majeure.

If the fulfilment of the permit holder(s) of any of the terms and conditions of this permit
be delayed from force majeure, the period of such delay shall be added to the period fixed
by this permit.

The expression force majeure means act of God, war, insurrection, riot, civil commotion,
strike, tide, tidal wave, storm, flood, lightning, explosion, fire, earthquake and any other
happening which the permit holder(s) could not reasonably prevent or control.

Service of notices :

(3) Every notice required to be given to the permit holder(s) shall be given in writing to such
person as the permit holder(s) may appoint for the purpose of receiving such notices or if
no such appointment is made then the notice shall be sent to the permit holder(s) by
registered post addressed to him/them at the address shown in his/their application for
the permit at such other address in India as he/they designate from time to time, and
every such service shall be deemed to be proper and valid service upon the permit
holder(s) and shall not be questioned or challenged by him.
 95

Discovery of new minerals :

(4) The permit holder(s) shall report to the State Government the discovery of any mineral
not specified in the permit within a period of sixty days from the date of such discovery.

Immunity of State Government from liability to pay compensation :

(5) If in any event the orders of the State Government are revised, reviewed or cancelled by
the Central Government in pursuance of proceedings under Chapter VII of the Mineral
Concession Rules, 1960, the permit holder(s) shall not be entitled to compensation for
any loss sustained by the permit holder(s) in exercise of the powers and privileges
conferred upon him/them by these presents.

(6) The permit deed is executed at the ……………… of the State of ……………….. (Name
of the State) and subject to the provision of article 226 of the Constitution of India it is
hereby agreed upon by the permit holder(s) and the State Government that in the event of
any dispute in relation to the area under reconnaissance permit and condition of the
permit deed and in respect of all matters touching the relationship of the permit
holder(s) and the State Government, suits of petitions shall be filed in civil courts at
……….. (name of the city) and it is hereby expressly agreed that neither party shall file a
suit or appeal or bring any actions at any place other than the courts named above.

IN WITNESS WHEREOF these presents have been executed in the manner hereunder
appearing the day and year first above written.

SCHEDULE A
The land covered by the permit

(Here insert the description of lands with area, boundaries, names of District, Sub-Division,
Thana, etc. and cadastral survey numbers, if any. In case a map is attached, refer the map in the
description to be inserted.)

SCHEDULE B
[Under rule 7(1)(xi)]

(Here specify the amount of the permit fee and manner and time of payment.) ]
 96

FORM G
REGISTER OF APPLICATIONS FOR PROSPECTING LICENCES
[See rule 21(1)]

1. Serial No.
2. Date of application of P.L.
3. Date on which application was received by the Receiving Officer.
4. Name of the applicant with full address.
5. Situation and boundaries of the land applied for.
6. Estimated area of the land.
7. Particulars of the minerals which the applicant desired to prospect.
8. Application fee paid.
9. Remarks.
10. Final disposal of the application together with number and date of the order.
11. Signature of the Officer.
 97

1
[ FORM G - 1

REGISTER OF APPLICATIONS FOR RECONNAISSANCE PERMITS

( See rule 7 D (1) )

1. Serial No.
2. Date of application of Reconnaissance Permit.
3. Date on which application was received by the Receiving Officer.
4. Name of the applicant with full address.
5. Situation and boundaries of the land applied for.
6. Estimated area of the land.
7. Particulars of the minerals which the applicant desires to prospect.
8. Application fee paid.
9. Remarks.
10. Final disposal of the application together with number and date of the order.
11. Signature of the Officer. ]

1. Inserted by G.S.R.No 56 (E), dated 17.1.2000.

 98

FORM H
REGISTER OF PROSPECTING LICENCES
[See rule 21(2)]

1 Serial-number.
2. Name of the licensee.
3. Residence with complete address of the licensee.
4. Date of application.
5. Date on which application was received by the Receiving Officer.
6. Omitted.
7. Situation and boundaries of the land.
7A. The details of the area and the minerals in each State. State for which the applicant
holds prospecting licence on the basis of information supplied by the licensee.
8. Total area for which licence granted.
9. (a) Number and date of grant of the licence.
(b) Date of execution of P.L agreement.
10. The mineral or minerals for which prospecting licence has been granted.
11. Period for which granted.
12. Date and period of renewal.
13. Application fee paid.
14. Prospecting fee and royalty, if payable.
15. Amount of security deposit.
16. Particulars of disposal or refund of security deposit.
17. Date of application for mining lease (if any).
18. Date of assignment or transfer of licence, if any, and the name and address, of the
assignee/transferee.
19. Date of expiry or relinquishment or cancellation of licence or grant of mining lease
20. Date from which the area is available for regrant.
21. Remarks.
22. Signature of the Officer.
 99

1
[FORM H - 1
(REGISTER OF RECONNAISSANCE PERMITS)

[See rule 7 D (2)]

1. Serial number.
2. Name of the permit holder.
3. Residence with complete address of the permit holder.
4. Date of application.
5. Date on which application was received by the Receiving Officer.
6. Situation and boundaries of the land.
7. The details of the area and the minerals in the State for which the applicant
holds reconnaissance permit on the basis of information supplied by the permit
holder.
8. Total area for which permit granted.
9. (a) Number and date of grant of the permit.
(b) Date of execution of the reconnaissance permit agreement.
10. The mineral or minerals for which reconnaissance permit has been granted.
11. Period for which granted.
12. Application fee paid.
13. Permit fee paid.
14. Amount of security deposit.
15. Particulars of disposal or refund of security deposit.
16. Date of application for prospecting licence or mining lease (if any).
17. Date(s) of expiry or relinquishment or cancellation of permit or
grant of prospecting licence or mining lease.
18. Date(s) of assignment or transfer of reconnaissance permit, if any, and
name and address of the assignee or transferee.
19. Date(s) from which the area is available for regrant.
20. Remarks.
21. Signature of the Officer.]

1. Inserted by G.S.R.No.56 (E), dated 17.1.2000.

 100

FORM I
(TO BE SUBMITTED IN TRIPLICATE)

Received................ Government of..................

at..................(Place)
on..................(date)
Initial of Receiving Officer
Application for Mining Lease
(See rule 22(1) of the
Mineral Concession Rules,1960)
Dated the ....................
day of ………… 20 ......
To
--------------------------
--------------------------

Through:

Sir,

I/We request that a mining lease under the Mineral Concession Rules, 1960
may be granted to me/us.

2. A sum of Rs. 500/- and Rs. 1,000/- being the fees in respect of this
application and preliminary expenses respectively payable under sub-rule (3) of rule 22
of the said rule have been deposited (vide receipt Challan
No...................dated.............of the State Bank of India/Treasury...........................)

3. The required particulars are given below:

(i) Name of the applicant with complete address.

Status of the applicant

(ii) Is the applicant a private individual/co-operative/firm/association/private

company/ public company/public sector undertaking/joint sector undertaking or
any other.

(iii) In case the applicant is, -

(a) An individual, his nationality, qualifications and experience relating to
mining.
(b) a company, an attested copy of the certificate of registration of the
company shall be enclosed.

(c) Omitted.
 101

(d) Firm or Association, the nationality of all the partners of the firm or
members of the association, and

(e) a co-operative the nationality of non-Indian members, if any alongwith

place of registration and a copy of the certificate of registration.

(iv) Profession or nature of business of applicant.

(v) Particulars of documents appended:

-------------------------------------------------------------------------------------------------------
Document Reference
-------------------------------------------------------------------------------------------------------

(a) Mining dues clearance certificate

OR
(b) Affidavit in lieu of Mining Dues Clearance Certificate; subject to the
production of mining lease dues, clearance certificate within the period
of ninety days of making application.
OR
(c) Affidavit when not holding any mining lease.
(d) Affidavit that up-to-date Income Tax Returns as prescribed under the
Income Tax Act, 1961 and that the tax due including the tax on account
of self-assessment has been paid.

(vi) Mineral or minerals which the applicant intends to mine.

(vii) Period for which mining lease is required.
(viii) Extent of the area for which mining lease is required.
(ix) Details of the area in respect of which mining lease is required.
---------------------------------------------------------------------------------------------------------
District Taluqa Village Khasra No. Plot No. Area Ownership-Occupancy
---------------------------------------------------------------------------------------------------------

(x) Brief description of the area with particular reference to the following:
(a) Does the applicant have surface rights over the area for which he is
making an application for grant of a mining lease.
(b) If not, has he obtained the consent of the owner, and the occupier of the
land for undertaking mining operation. If so, the consent of the owner
and occupier of the land be obtained in writing and be filed.
(xi) (a) The situation of the area in respect of natural features such as streams or
lakes.
(b) In the case of village areas, the name of the village, the Khasra number,
the area in hectares of each field or part thereof applied for.
(c) In case the area applied for is under forest, then the following
particulars be given:
 102

(1) Forest division, Block and Range.

(2) Legal status of the forest (namely reserved, protected, unclassified etc.).
(3) Whether it forms part of a National Park or Wild-life Sanctuary.
(4) Type and extent of vegetation in the area.
(5) For areas where no forest maps or cadastral maps are available, a sketch
plan should be submitted on scale showing the area applied for together
with boundary, if any, of any other existing mining lease or prospecting
licence area, if the area applied for has any common point or line with the
boundaries of existing prospecting licence or mining lease areas.

(xii) The area applied for should be marked on plan as detailed below:
(a) In case a cadastral Map* of the area is available, the area on this map
should be marked showing the name of the village, Khasra number and area
in hectares of each field and part thereof.
(b) In the case of forest maps the area should be marked on the map showing
the range and felling series.
(c) In case neither cadastral nor forest maps are available, the area should be
marked on a sketch plan drawn to scales showing on this plan all important
surface and natural features, the dimensions of the lines forming the
boundary of the area and the bearing and distance of all corner points from
any important, prominent and fixed point or points. (No.1(3)/68-MII Dt.
30.3.68)

(xiii) Particulars of the area mineral-wise in each State duly supported by an

affidavit for which the applicant or any person joint in interest with him.
(a) already holds under mining lease;
(b) has already applied for but not granted;
(c) being applied for simultaneously.

(xiv) Nature of joint in interest, if any.

(xv) (a) Does the applicant hold a prospecting licence over the area mentioned at
(xi) above? If so, give its number and date of grant and the date when it is
due to expire.
(c) Has the applicant carried out the prospecting operations over the area
held under prospecting licence and sent his report to the State
Government, as required by rule 16 of the Mineral Concession Rules,
1960? If not, state reasons for not doing so.
(xvi) Broad parameters of the mineral/ore body/bodies.
(a) Strike length, average width and dip.
(b) Wall rocks on hanging and foot wall sides.
(c) Whether area is considerably disturbed geologically or is comparatively
free of geological disturbance? (copy of geological map of the area is to be
attached.)
(d) Reserves assessed with their grade(s)(chemical analysis reports of
representative samples are to be attached).
 103

(e) Whether the area is virgin? If not, the extent to which it has already been
worked, In case there are old workings, their locations are to be shown on the
geological map of the area.

(xvii) Broad parameters of the mine.

(a) Proposed date of commencement of the mining operations.
(b) Proposed rate of mineral production during the first 5 years (year-wise).
(c) Proposed rate of production when mine is fully developed.
(d) Anticipated life of the mine.
(e) Proposed method of mining (Underground or opencast)
(i) If underground, the method of approach to the deposit mineral/ore
whether through inclines or shafts,
(ii) If opencast, the over-burden to ore ratio and overall pit stope.
(f) Nature of the land chosen for dumping over burden/waste and tailings
(that is type of land whether agricultural, grazing land, barren, saline land
etc.) and whether proposed site has been shown on the mine working
plan. Give also the extent of area in hectares set apart for dumping of
waste and tailings.

(xviii) A report giving the details of prospecting carried out in the area together with
assessment of the ore reserves, geological plans, results of chemical analysis
of the representative samples, and boreholes and logs.

(xix) Manner in which the mineral raised is to be utilised.

(a) (i) If for captive use, the location of plant and industry.
(ii) For sale for indigenous consumption.

(b) If for exports to foreign countries indicate,

(i) Names of the countries to which it is likely to be exported where
the mine is being set up on 100% export oriented or tied-up basis.
(ii) Whether mineral will be exported in raw form or after processing.
Also indicate the stage of processing, whether intermediate stage or
final stage of the end-product.

(c) If it is to be used within the country, indicate -

(i) The industry/industries in which it would be used.
(ii) Whether it will be supplied in raw form or after processing
(crushing/ grinding/ beneficiation/calcining).
(iii) Whether it would need upgradation and if so, whether it is
proposed to set up beneficiation plant. Also indicate the capacity
of such plant and the time by which it would be set up.

(d) In case of coal, or other high bulk minerals/ores details of existing

railway transport facility available and additional transport facility, if
any, required.
 104

(xx) Name, qualification and experience of the Technical Personnel available for
supervising the mines.

(xxi) (i) Financial resources of the applicant.

(ii) Anticipated yearly financial investment during the course of mine
construction and aggregate investment upto the stage of commencement of
commercial production.
(xxii) (a) Nature of waste water, (e.g. whether acidic). If so, expected pH value.
(b) The application form should be accompanied by a statement of the salient
features of the scheme of mining. This should be generally on the lines of
the "Project at a Glance" given in a mining feasibility report including
features relating to the protection of environment.

I/We do hereby declare that the particulars furnished above are correct and
am/are ready to furnish any other details including accurate plans and security deposit,
as may be required by you.

Yours faithfully,
Place:.......
Date:........

Signature of the applicant

---------------------------------------------------------------------------------------------------------

* The topographical map of 1"=1 mile scale is obtainable from the office of the
Survey of India, Hathibarkhala, Dehra Dun. Detailed plan and topographical map
are to be attached in triplicate with the original application in case mineral applied
for is a scheduled mineral.

Note 1 - If the application is signed by an authorised agent of the applicant, then the
Power of Attorney should be attached.
Note 2 - The application should relate to one compact area only, except when the
application for mining lease is for an area already held under prospecting
licence by the applicant.
Note 3- Such large size map, as may be available should be attached for proper
demarcation of the area, specially when the area applied for is 40 hectares or
less (No.MII-152(58)/61 dt/30.4.1963).
 105

“To be submitted in duplicate”

FORM J
Received
at..................(Place) GOVERNMENT OF
on..................(Date) MODEL FORM
Initial of Receiving APPLICATION FOR RENEWAL OF MINING LEASE
Officer
(See rule 24A)
Dated day of 20……
To
Through

Sir,

I/We request for renewal of my/our mining lease under the Mineral Concession Rules,
1960. A sum of Rs. 500 being the application fee payable under sub-rule (3)(i)(a) of rule 22 of
the said rules has been deposited.

2. The required particulars are given below:-

(i) Name of the applicant with complete address.
(ii) Is the applicant a private individual/private company/public company/
firm or association?
(iii) In case applicant is:
(a) an individual, his nationality,
(b) a company, an attested copy of the certificate of registration shall
be enclosed.
(c) Omitted.
(d) a firm or association, the nationality of all the partners of the firm
or members of the association.
(iv) Profession or nature of business of applicant.
(v) (Omitted)
(vi) (Omitted)
(via) No. and date of the valid clearance certificate of payment of mining
dues (copy enclosed).
(vii) an affidavit, that up-to-date Income Tax returns, as prescribed under the
Income Tax Act, 1961, have been filed, and the tax due, including the tax on
account of self-assessment has been paid.
(viii) (a) Particulars of the mining lease of which renewal is desired.
(b) Details of previous renewal granted, if any.
(ix) Period for which renewal of mining lease is required.
(x) Whether renewal is applied for the whole or part of the leasehold.
 106

(xA) (a) Does the applicant continue to have surface rights over the area of the land
for which he requires renewal of the mining lease.
(b) If not, has he obtained the consent of the owner and occupier for undertaking
mining operations. If so, the consent of the owner and occupier of the land
obtained in writing be filed.

(xB) Particulars of the areas mineral-wise in each State duly supported by

affidavit for which the applicant or any person joint in interest with him.
(a) already holds under mining lease;
(b) has already applied for but not granted; or
(c) being applied for simultaneously.
(xC) a mining plan which shall include-
(a) the plan of the area showing the nature and extent of the mineral body,
spot or spots where the excavation is to be done in the first year and its
extent, a detailed cross-section and detailed plan of spot(s) of excavation
based on prospecting data gathered by the applicant, a tentative scheme of
mining for the first five years of the lease;
(b) the details of geology and lithology of the area, the extent of manual
mining and through machines;
(c) annual programme and plan for excavation for five years; and
(d) the plan of the area showing natural water courses; limit of reserved and
other forest areas and density of trees, assessment of impact of mining
activity of Forest, Land surface and Environment including air and water
pollution, and details of the scheme for afforestation, land reclamation, use
of pollution control devices.
(xD) Is the mineral going to be used in his own industry? if so, give full details;
(for "own industry" see Explanation under Rule 24B).
(xi) In case the renewal applied for is only for part of the lease hold:
(a) the area applied for renewal,
(b) description of the area applied for renewal (description should be
adequate for the purpose of demarcating the plot),
(c) particulars of map of the leasehold with area applied for renewal
clearly marked on it (attached),
(d) particulars of existing or created dumps of ore, if any.
(xii) Means by which the mineral is to be raised, i.e., by hand, labour or
mechanical or electric power.
(xiii) Manner in which the mineral raised is to be utilised:
(a) for manufacture in India,
(b) for exports to foreign countries,
(c) in the former case the industries in connection with which it is required,
should be specified. In the latter case, the countries to which the mineral will
be exported and whether the mineral is to be exported after processing or in
raw form should be stated.
(xiv) Details of output during the last three years and phased programme for
production during the next three years along with a layout plan for
development, if any.
 107

(xv) In case of coal, details of existing railway transport facility available and
additional transport facility, if any, required.
(xvi) Any other particulars which the applicant wishes to furnish.

I/We do hereby declare that the particulars furnished above are correct and am/are
ready to furnish any other details, including accurate plans as required by you before the grant of
renewal of the lease.

Yours faithfully,

Signature and designation of the applicant.

Place:
Date:

N.B.- If the application is signed by an authorised agent of the applicant, Power of Attorney
should be attached.
 108

FORM K
MODEL FORM OF MINING LEASE
(See rule 31)

THIS INDENTURE made this..................... day of............20.........between the

Governor of................... /the President of India (hereinafter referred to as the `State Government'
which expression shall where the context so admits be deemed to include the successors and
assigns) of the one part and............…………………………………

(Name of person with address and occupation)

When the (hereinafter referred to as “the lessee” which
lessee is an expression shall where the context so admits
individual be deemed to include his heirs, executors,
administrators, representatives and permitted
assigns).

...........…………………….(Name of person with

When the address and occupation) and..............…….
lessees are (Name of person with address and occupation)
more than (hereinafter referred to as "the lessee" which
one individual expression shall where the context so admits
be deemed to include their respective heirs,
executors, administrators, representatives and
their permitted assigns).

............................ (Name and address of partner),

son of..............of …………………
son of.............of.............…………. all carrying
When the on business in partnership. under the firm name
lessee is and style of....................... (name of the
a registered firm) registered under the Indian Partnership
firm. Act, 1932 (9 of 1932) and having their registered
office at................ in the town of
(hereinafter referred to as "the licensee" which
expression where the context so admits be deemed to
include all the said partners their respective heirs,
executors, legal representatives and permitted assigns).

......................………….. (Name of company) a

company registered under......................(Act
When the under which incorporated) and having its
lessee is a registered office at.................... (Address)
registered (hereinafter referred to as "the lessee" which
company expression shall where the context so admits be
deemed to include its successors and permitted
assigns), of the other part.
 109

WHEREAS THE lessee/lessees has/have applied to the State Government in

accordance with the Mineral Concession Rules, 1960 (hereinafter referred to as the said Rules)
for a mining lease for................ in respect of the lands described in Part I of the Schedule here
under written and has/have deposited with the State Government the sum of Rs......................as
security and the sum of Rs............... for meeting the preliminary expenses for a mining lease (and
WHEREAS the Central Government has approved the grant of lease)1.

WITNESSETH that in consideration of the rents and royalties,covenants and

agreements by and in these presents and the Schedule hereunder written reserved and contained
and on the part of the lessee/lessees to be paid observed and performed, the State Government
(with the approval of the Central Government)1 hereby grants and demises unto lessee/lessees.

All those the mines beds/veins seams of....................... (here state the mineral or
minerals) (hereinafter and in the Schedule referred to as the said minerals) situated lying and
being in or under the lands which are referred to in Part I of the said Schedule, together with the
liberties, powers and privileges to be exercised or enjoyed in connection herewith which are
mentioned in Part II of the said Schedule subject to the restrictions and conditions as to the
exercise and enjoyment of such liberties, powers and privileges which are mentioned in Part III
of the said Schedule EXCEPT and reserving out of this demise unto the State Government the
liberties, powers and privileges mentioned in Part IV of the said Schedule TO HOLD the
premises hereby granted and demised unto the lessee/lessees from the ..................day...................
20.............. for the term of ................ years thence next ensuing YIELDING AND PAYING
therefore unto the State Government the several rents and royalties mentioned in Part V of the
said Schedule at the respective times therein specified subject to the provisions contained in Part
VI of the said Schedule and the lessee/lessees hereby covenants/ covenant with the State
Government as in Part VII of the said Schedule is expressed and the State Government hereby
covenants with the lessee/lessees as in Part VIII of the said Schedule as expressed AND it is
hereby mutually agreed between the parties hereto as in Part IX of the said Schedule is
expressed.

IN WITNESS WHEREOF these presents have been executed in manner hereunder

appearing the day and year first above written.

The Schedule above referred to.

1. In case of minerals included in the First Schedule of the Mines and Minerals (Development and Regulation)
Act, 1957.
 110

PART I

THE AREA OF THIS LEASE

Location and area of the lease:-

All that tract of lands situated at ....................... (Description of area or

areas)...............in (Pargana) in.......the Registration District of............Sub-District.............and
Thana ………… bearing Cadestral survey Nos..............containing an area of.................or
thereabouts delineated on the plan hereto annexed and thereon coloured…………….. and
bounded as follows:-

On the North by
On the South by
On the East by
And
On the West by
hereinafter referred to as "the said lands".

PART II

Liberties, powers and privileges to be exercised and enjoyed by the lessee/ lessees
subject to the restrictions and conditions in Part III.

To enter upon land and search for, win, work, etc.

1. Liberty and power at all times during the term hereby demised to enter upon the said
lands and to search for mine, bore, dig, drill for, win, work, dress, process, convert, carry away
and dispose of the said mineral/minerals.

To sink, drive and make pits, shafts and inclines etc.: -

2. Liberty and power for or in connection with any of the purposes mentioned in this
part to sink drive make maintain and use in the said lands and pits shafts inclines drifts levels
waterways airways and other works (and to use maintain deepen or extent any existing works of
the like nature in the said lands).

To bring and use machinery equipment etc.: -

3. Liberty and power for or in connection with any of the purposes mentioned in this
part to erect, construct, maintain and use on or under the said lands any engines, machinery,
plant, dressing floors, furnaces, coke ovens, brick-kilns, workshops, store- houses, bungalows,
godowns, sheds, and other buildings and other works and conveniences of the like nature on or
under the said lands.
 111

To make roads and ways etc. and use existing roads and ways: -

4. Liberty and power for or in connection with any of the purposes mentioned in this
part to make any tramways, railways, roads, aircraft landing grounds and other ways in or over
the said lands and to use maintain and go, and repass with or without horses, cattle, wagons,
aircrafts, locomotives, or other vehicles over the same (or any existing tramways roads and other
ways in or over the said lands) on such conditions as may be agreed to.

To get building and road materials, etc.:-

5. Liberty and power for or in connection with any of the purposes mentioned in this
part to quarry and get stone gravel and other building and road materials and clay and to use and
employ the same and to manufacture such clay into bricks or tiles and to use such bricks or tiles
but to sell any such material bricks or tiles.

To use water from streams etc:-

6. Liberty and power for or in connection with any of the purpose mentioned in this
part but subject to the right of any existing or future lessees and with the written permission of
Deputy Commissioner/Collector to appropriate and use water from any streams water-courses,
springs or other sources in or upon the said lands and to divert step up or dam any such stream or
water course and collect or impound any such water and to make construct and maintain any
water course culverts, drains or reservoirs but not as so to deprive any cultivated lands, villages,
buildings or watering places for livestock of a reasonable supply of water as before accustomed
nor in any way to foul or pollute any stream or springs. Provided that the lessee/lessees shall not
interfere with the navigation in any navigable stream nor shall divert such stream without the
previous written permission of the State Government.

To use land for stacking, heaping, depositing purposes:-

7. Liberty and power to enter upon and use a sufficient part of -the surface of the said
lands for the purpose of stacking, heaping, storing or depositing therein any produce of the mines
or works carried on and any tools, equipment, earth and materials and substances dug or raised
under the liberties and powers mentioned in this part.

Beneficiation and conveying away of production:-

8. (a) Liberty and power to enter upon and use a sufficient part of the said lands to
beneficiate any ore produced from the said lands and to carry away such beneficiated ore.

To make coke (to be used in case of coal only):-

(b) Liberty and power upon the said lands to convert into coke any coal or coal dust
produced from the said lands and to carry away such coke.
 112

To clear brushwood and to fell and utilise trees, etc.:-

9. Liberty and power for or in connection with any of the purposes mentioned in this
part and subject to the existing rights of others and save as provided in clause 3 of Part III of this
Schedule to clear undergrowth and brushwood and to fell and utilise any trees or timber standing
or found on the said lands provided that the State Government may ask the lessee/lessees to pay
for any trees or timber felled and utilised, by him/them at the rates specified by the Deputy
Commissioner/Collector or the State Government.

PART III

Restrictions and Conditions as to the exercise of the Liberties, Powers and

Privileges in Part-II.

No building etc. upon certain places:-

1. No building or thing shall be erected, set up or placed and no surface operations

shall be carried on in or upon any public pleasure ground, burning or burial ground or place held
sacred by any class of persons or any house or village site, public road or other place which the
State Government may determine as public ground nor in such a manner as to injure or
prejudicially effect any buildings works property or rights of other persons and no land will be
used for surface operations which is already occupied by persons other than the State
Government for works or purposes not included in this lease. The lessee/lessees shall not also
interfere with any right of way, well or tank.

Permission for surface operations in a land not already in use:-

2. Before using for surface operations any land which has not already been used for
such operations, the lessee/lessees shall give to Deputy Commissioner/Collector of the District
two calendar months previous notice in writing specifying the name or other description of the
situation and the extent of the land proposed to be so used and the purpose for which the same is
required and the said land shall not be so used if objection is issued by the Deputy
Commissioner/Collector within two months after the receipt by him of such notice unless the
objections so stated shall on reference to the State Government be annulled or waived.

To cut trees in unreserved lands: -

3. The lessee/lessees shall not without the express sanction of the Deputy
Commissioner/Collector cut down or injure any timber or trees on the said lands but may without
such sanction clear away any brushwood or undergrowth which interferes with any operations
authorised by these presents. The Deputy Commissioner/Collector or the State Government may
require the lessee/lessees to pay for any trees or timber felled and utilised by him/them at the
rates specified by the Deputy Commissioner/Collector of the District.
 113

To enter upon reserved forests:-

4. Notwithstanding anything in this Schedule contained the lessee/lessees shall not

enter upon any reserved forest included in the said lands without previous sanction in writing of
the District Forest Officer nor fell, cut and use any timber or trees without obtaining the sanction
in writing of that Officer nor otherwise than in accordance with such conditions as the State
Government may prescribe.

No mining operations within 50 metres of public works etc.:-

5. The lessee/lessees shall not work or carry on or allow to be worked or carried on any
mining operations at or to any point within a distance of 50 metres from any railway line except
with the previous written permission of the Railway Administration concerned or under or
beneath any rope way or any ropeway trestle or station, except under and in accordance with the
written permission of the authority owning the ropeway or from any reservoir, canal or other
public works such as public roads and buildings or inhabited site except with the previous
written permission of the Deputy Commissioner/Collector or any other officer authorised by the
State Government in this behalf and otherwise than in accordance with such instructions,
restrictions and conditions either general or special which may be attached to such permission.
The said distance of 50 metres shall be measured in the case of railway, reservoir or canal
horizontally from the outer toe of the bank or the outer edge of the cutting as the case may be and
in case of a building horizontally from the plinth thereof. In the case of village roads no working
shall be carried on within a distance of 10 metres of the outer edge of the cutting except with the
previous permission of the Deputy Commissioner/Collector or any other officer duly authorised
by the State Government in this behalf and otherwise than in accordance with such directions,
restrictions and additions, either general or special, which may be attached to such permission.

Explanation:- For the purposes of this clause the expression ‘Railway Administration’
shall have the same meaning as it is defined to have in the Indian Railways Act. 1890, by clause
(6) of section 3 of that Act. `Public Road' shall mean a road which has been constructed by
artificially surfaced as distinct from a track resulting from repeated use. Village road will include
any track shown in the Revenue record as village road.

Facilities for adjoining Government licences and leases:-

6. The lessee/lessees shall allow existing and future holders of Government licences or
leases over any land which is comprised in or adjoins or is reached by the land held by the
lessee/lessees reasonable facilities of access thereto:

PROVIDED THAT no substantial hindrance or interference shall be caused by such

holders of licences or leases to the operations of the lessee/lessees under these presents and fair
compensation (as may be mutually agreed upon or in the event of disagreement as may be
decided by the State Government) shall be made to the lessee/lessees for loss or damage
sustained by the lessee/lessees by reason of the exercise of this liberty.
 114

PART IV

Liberties, Powers and Privileges reserved to the State Government

To work other minerals:-

1. Liberty and power for the State Government, or to any lessee or persons authorised
by it in that behalf to enter into and upon the said lands and to search for, win, work, dig, get,
raise, dress, process, convert and carry away minerals other than the said minerals and any other
substances and for those purposes to sink, drive, make erect, construct, maintain and use such
pits, shafts,inclines, drifts, levels and other lines, waterways, airways, water courses, drains,
reservoirs, engines, machinery, plant, buildings, canals, tramways, railways, roadways and other
works and conveniences as may be deemed necessary or convenient.

PROVIDED THAT in the exercise of such liberty and power no substantial hindrance
or interference shall be caused to or with the liberties, powers and privileges of the lessee/lessees
under these presents and that fair compensation (as may be mutually agreed upon or in the event
of disagreement as may be decided by the State Government) shall be made to the lessee/lessees
for all loss or damage sustained by the lessee/lessees by reason or in consequence of the exercise
of such liberty and power.

To make railways and roads: -

2. Liberty and power for the State Government or any lessee or person authorised by it
in that behalf to enter into and upon the said lands and to make upon over or through the same
any railways, tramways, roadways or pipelines for any purpose other than those mentioned in
Part II of these presents and to get from the said lands, stones, gravel, earth and other materials
for making, maintaining and repairing such railways, tramways and roads or any existing
railways and roads and to and repass at all times with or without horses, cattle or other animals,
carts, wagons, carriages, locomotives or other vehicles over or along any such railways,
tramways, road lines and other ways for all purposes and as occasion may require, provided that
in the exercise of such liberty and power by such other lessee or person no substantial hindrance
or interference shall be caused to or with the liberties, powers and privileges of the lessee/lessees
under these presents and that fair compensation as may be mutually agreed upon or in the event
of disagreement as may be decided by the State Government shall be made to the lessee/lessees
for all loss or damage substantial hindrance or interference shall be caused to or with the exercise
by such lessee or person of such liberty and power.
 115

PART V

Rents and royalties reserved by this lease

To pay dead rent or royalty whichever is higher: -

1.The lessee shall pay, for every year except the first year of the lease, dead rent as
specified in clause 2 of this Part:

Provided that, where the holder of such mining lease becomes liable under section 9 of
the Act, to pay royalty for any mineral removed or consumed by him or by his agent, manager,
employee, contractor or sub-lessee from the leased area, he shall be liable to pay either such
royalty or the dead rent in respect of that area, whichever is higher.

Rate and mode of payment of dead rent.-

2. Subject to the provisions of clause 1 of this Part, during the subsistence of the lease,
the lessee/lessees shall pay to the State Government annual dead rent for the lands demised and
described in Part I of this Schedule at the rate for the time being specified in the Third Schedule
to the Act, in such manner as may be specified in this behalf by the State Government.

Rate and mode of payment of royalty:-

3. Subject to the provision of clause 1 of this part, the lessee/lessees shall during the
subsistence of this lease pay to the State Government at such times and in such manner as the
State Government may prescribe royalty in respect of any mineral/minerals removed by
him/them from the leased area at the rate for the time being specified in the Second Schedule to
the Mines and Minerals (Development and Regulation) Act, 1957.

Payment of surface rent, and water rate:-

4. The lessee/lessees shall pay rent and water rate to the State Government in respect of
all parts of the surface of the said lands which shall from time to time be occupied or used by the
lessee/lessees under the authority of these presents at the rate of Rs........ and Rs..........
respectively per annum per hectare of the area so occupied or used and so in proportion for any
area less than a hectare during the period from the commencement of such occupation or used
until the area shall cease to be so occupied or used and shall as far as possible restore the surface
land so used to its original condition. Surface rent and water rate shall be paid as hereinbefore
detailed in clause 2 : PROVIDED THAT NO such rent/water rate shall be payable in respect of
the occupation and use of the area comprised in any roads or ways to which the public have full
right of access.
 116

PART VI

Provisions relating to the rents and royalties

Rent and royalties to be free from deduction etc.:-

1. The rent, water rate and royalties mentioned in Part V of this Schedule shall be paid
free from any deductions to the State Government at .......... and such manner as the State
Government may prescribe.

PROVIDED ALWAYS and it is hereby agreed that Rs ................. the balance standing
to the credit of the lessee/lessees on account of the deposit made by him/them as a
licensee/licensees over an area which included the said lands shall be retained and accepted by
the State Government in satisfaction of the rents and royalties mentioned in Part V until they
reach that amount.

Mode of computation of royalty:-

2. For the purposes of computing the said royalties the lessee/lessees shall keep a
correct account of them mineral/minerals produced and despatched. The accounts as well as the
weight of the mineral/minerals in stock or in the process of export may be checked by an officer
authorised by the Central or State Government. Here specify the mode of arriving at sale
price/prices at pits mouth of mineral/minerals.

Course of action if rents and royalties are not paid in time :-

3. Should any rent, royalty or other sums due to the State Government under the terms
and conditions of these presents be not paid by the lessee/lessees within the prescribed time the
same, together with simple interest due thereon at the rate of twenty-four per cent per annum
may be recovered on a certificate of such officer as may be specified by the State Government by
general or special order, in the same manner as an arrear of land revenue.

PART VII

The Covenants of the Lessee/Lessees

Lessee to pay rents and royalties, taxes, etc.:-

1. The lessee/lessees shall pay the rent, water rate and royalties reserved by this lease
at such times and in the manner provided in PARTS V and VI of these presents and shall also
pay and discharge all taxes, rates, assessments and impositions whatsoever being in the nature of
 117

public demands which shall from time to time be charged, assessed or imposed by the authority
of the Central and State Governments upon or in respect of the premises and works of the
lessee/lessees in common with other premises and works of a like nature except demands for
land revenues.

To maintain and keep boundary marks in good order:-

2. The lessee/lessees shall at his/their own expense erect and at all times maintain and
keep in repair boundary marks and pillars according to the demarcation to be shown in the plan
annexed to this lease. Such marks and pillars shall be sufficiently clear of the shrubs and other
obstructions as to allow easy identification.

To commence operations within two years and work in a workman-like manner:-

3. The lessee/lessees shall commence operation within two years from the date of
execution of the lease and shall thereafter at all times during the continuance of his lease search
for, win, work and develop, the said minerals without voluntary intermission in a skilful and
workman-like manner and as prescribed under clause 12 hereinafter without doing or permitting
to be done any unnecessary or avoidable damage to the surface of the said lands or the crops
buildings structures or other property thereon. For the purposes of this clause operations shall
include the erection of machinery, laying of a tramway or construction of a road in connection
with the mine.

To indemnify Government against all claims:-

4. The lessee/lessees shall make and pay such reasonable satisfaction and
compensation as may be assessed by lawful authority in accordance with the law force on the
subject for all damage, injury or disturbance which may be done by him/them in exercise of the
powers granted by this lease and shall indemnify and keep indemnified fully and completely the
State Government against all claims which may be made by any person or persons in respect of
any such damage, injury or disturbance and all costs and expenses in connection therewith.

To secure and keep in good condition pits, shafts, etc.:-

5. The lessee/lessees shall during the subsistence of this lease well and sufficiently
secure and keep open with timber or other durable means all pits, shafts and workings that may
be made or used in the said lands and make and maintain sufficient fences to the satisfaction of
the State Government round every such pit, shaft or working whether the same is abandoned or
not and shall during the same period keep all workings in the said lands except such as may be
abandoned accessible free from water and foul air as far as possible.

To strengthen and support the mine to necessary extent: -

6. The lessee/lessees shall strengthen and support to the satisfaction of the Railway
Administration concerned or the State Government, as the case may be any part of the mine
 118

which in its opinion requires such strengthening or support for the safety of any railway,
reservoir, canal, road and any other public works or structures.

To allow inspection of workings: -

7. The lessee/lessees shall allow any officer authorised by the Central Government or
the State Government in that behalf to enter upon the premises including any building,
excavation or land comprised in the lease for the purpose of inspecting, examining, surveying,
prospecting and making plans thereof sampling and collecting any data and the lessee/lessees
shall with proper person employed by the lessee/lessees and acquainted with the mines and work
effectually assist such officer, agents, servants and workmen in conducting every such inspection
and shall afford them all facilities, information connected with the working of the mines which
they may reasonably require and also shall and will conform to and observe all orders and
regulations which the Central and State Governments as the result of such inspection or
otherwise may, from time to time, see fit to impose.

To report accident:-

8. The lessee/lessees shall without delay send to the Deputy Commissioner/ Collector a
report of any accident causing death or serious bodily injury or serious injury to property or
seriously affecting or endangering life or property which may occur in the course of the
operations under this lease.

To report discovery of other minerals:-

9.The lessee/lessees shall report to the State Government the discovery in the leased
area of any mineral not specified in the lease within sixty days of such discovery along with full
particulars of the nature and position of each such find. If any mineral not specified in the lease
is discovered in the leased area, the lessee/lessees shall not win and dispose of such mineral
unless such mineral is included in the lease or a separate lease is obtained therefor.

To keep records and accounts regarding production and employees etc.:-

10. The lessee/lessees shall at all time during the said term keep or cause to be kept at
an office to be situated upon or near the said lands correct and intelligible books of accounts
which shall contain accurate entries showing from time to time:-

(1) Quantity and quality of the said mineral/minerals realised from the said lands.
(2) Quantity of the various qualities of ores beneficiated or converted (for example
coal converted into coke).
(3) Quantities of the various qualities of the said mineral/minerals sold and exported
separately.
(4) Quantities of the various qualities of the said mineral/minerals otherwise disposed
of and the manner and purpose of such disposal.
(5) The prices and all other particulars of all sales of said mineral/minerals.
 119

(6) The number of persons employed in the mines or works or upon the said lands
specifying nationality, qualifications and pay of the technical personnel.
(7) Such other facts particulars and circumstances as the Central or the State
Governments may from time to time require and shall also furnish free of charge
to such officers and at such times as the Central and State Governments may
appoint true and correct abstract of all or any such books of accounts and such
information and returns to all or any of the matters aforesaid as the State
Government may prescribe and shall at all reasonable times allow such officers as
the Central Government or State Government shall in that behalf appoint to enter
into and have free access to the said officers for the purpose of examining and
inspecting the said books of accounts, plans and records and to make copies
thereof and make extracts therefrom.

To maintain plans, etc:-

11. The lessee/lessees shall at all times during the said term maintain at the mine office
correct intelligible up-to-date and complete plans and sections of the mines in the said lands.
They shall show all the operations, and workings and all the trenches, pits and drillings made by
him/them in the course of operations carried on by him/them under the lease, faults and other
disturbances encountered and geological data and all such plans and sections shall be amended
and filled up by and from actual surveys to be made for that purpose at the end of twelve months
or any period specified from time to time and the lessee/lessees shall furnish free of charge to the
Central and State Governments true and correct copies of such plans and sections whenever
required. Accurate records of all trenches, pits and drillings shall show: -

(a) The subsoil and strata through which they pass.

(b) Any mineral encountered.
(c) Any other matter of interest and all data required by the Central and State
Governments, from time to time.

The lessee/lessees shall allow any officer of the Central or the State Government,
authorised in this behalf by the Central Government, to inspect the same at all reasonable times.
He/they shall also supply when asked for by the State Government/the Coal Controller the
Director General, Geological Survey of India, the Controller General, Indian Bureau of Mines a
composite plan of the area showing thickness dip, inclination, etc. of all the seams as also the
quantity of reserves quality-wise.

11A. The lessee shall pay a wage not less than the minimum wage prescribed by the
Central or State Government from time to time.

11B. The lessee shall comply with provisions of the Mines Act, 1952 and the rules
made thereunder.

11C. The lessee shall take measures for the protection of environment like planting of
trees, reclamation of land, use of pollution control devices; and such other measures as may be
prescribed by the Central or State Government, from time to time, at his own expense.
 120

11D. The lessee shall pay compensation to the occupier of the land on the date and in
the manner laid down in these rules.
11E. The lessee shall, in the matter of employment, give preference to the tribals and to
the persons who become displaced-because of the taking up of mining operations.

Act 67 of 1957:-

12.The lessee/lessees shall be bound by such rules as may be issued from time to time
by the Government of India under section 18 of the Mines and Minerals (Development and
Regulation) Act, 1957 (Act 67 of 1957) and shall not carry on mining or other operations under
the said lease in any way other than as prescribed under these rules.

To provide weighing machine:-

13.Unless specifically exempted by the State Government the lessee/lessees shall

provide and at all times keep at or near the pit head or each of the pit heads at which the said
minerals shall be brought to bank a properly constructed and efficient weighing machine and
shall weigh or cause to be weighed thereon all the said minerals, from time to time, brought to
bank, sold, exported and converted and also the converted products and shall at the close of each
day cause the total weights, ascertained by such means of the said minerals, ores products raised,
sold, exported and converted during the previous twenty- four hours to be entered in the
aforesaid books of accounts. The lessee/lessees shall permit the State Government at all times
during the said term to employ any person or persons to be present at the weighing of the said
minerals as aforesaid and to keep accounts thereof and to check the accounts kept by the
lessee/lessees. The lessee/lessees shall give..... days previous notice in writing to the Deputy
Commissioner/Collector of every such measuring or weighing in order that he or some officer on
his behalf may be present thereat.

To allow test of weighing machine:-

14. The lessee/lessees shall allow any person or persons appointed in that behalf by the
State Government at any time or times during the said term to examine and test every weighing
machine to be provided and kept as aforesaid and the weights used therewith in order to ascertain
whether the same respectively are correct and in good repair and order and if upon any such
examination or testing any such weighing machine or weights shall be found incorrect or out of
repair or order the State Government may require that the same be adjusted, repaired and put in
order by and at the expense of the lessee/lessees and if such requisition be not complied with
within fourteen days after the same shall have been made, the State Government may cause such
weighing machine or weights to be adjusted, repaired, and put in order and the expense of so
doing shall be paid by the lessee/lessees to the State Government on demand and if upon any
such examination or testing as aforesaid any error shall be discovered in any weighing machine
or weights to the prejudice of the State Government such error shall be regarded as having
existed for three calendar months, previous to the discovery thereof or from the last occasion of
so examining and testing the same weighing machine and weights in case such occasion be
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within such period of three months and the said rent and royalty shall be paid and accounted for
accordingly.

To pay compensation for injury of third parties:-

15. The lessee/lessees shall make and pay reasonable satisfaction and compensation for
all damage, injury or disturbance or person or property which may be done by or on the part of
lessee/lessees in exercise of the liberties and power granted by these presents and shall at all
times save harmless and keep indemnified the State Government from and against all suits.
claims and demands which may be brought or made by any person or persons in respect of any
such damage, injury or disturbance.

Not to obstruct working of other minerals:-

16. The lessee/lessees will exercise the liberties and powers hereby granted in such a
manner as to offer no unnecessary or reasonably avoidable obstruction or interruption to the
development and working within the said lands of any minerals not included in this lease and
shall at all times afford to the Central and State Government and to the holders of prospecting
licences or mining leases in respect of any such minerals or any minerals within any land
adjacent to the said lands as the case may be reasonable means of access and safe and convenient
passage upon and across the said lands to such minerals for the purpose of getting working,
developing and carrying away the same provided that the lessee/lessees shall receive reasonable
compensation for any damage or injury which he/they may sustain by reason or in consequence
of the use of such passage by such lessees or holders of prospecting licences.

Transfer of lease:-

17.(1) The lessee/lessees shall not, without the previous consent in writing of the State
Government, Omitted

(a) assign, sublet, mortgage, or in any other manner, transfer the mining lease, or
any right, title or interest therein, or
(b) enter into or make any arrangement, contract or understanding whereby the
lessee/lessees will or may be directly or indirectly financed to a substantial
extent by, or under which the lessee's operations or undertakings will or may
be substantially controlled by, any person or body of persons other than the
lessee/lessees:

Provided that the State Government shall not give its written consent unless-

(a) the lessee has furnished an affidavit along with his application for transfer of
the mining lease specifying therein the amount that he has already taken or
proposes to take as consideration from the transferee;
(b) the transfer of the mining lease is to be made to a person or body directly
undertaking mining operations.
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(2) Without prejudice to the above provisions the lessee/lessees may, subject to the
conditions specified in the proviso to Rule 35 of said Rules, transfer this lease or any right, title
or interest therein, to a person who has filed an affidavit stating that he has filed up-to-date
income tax returns, paid income tax assessed on him and paid the income tax on the basis of self-
assessment as provided in the Income Tax Act, 1961 (43 of 1961), on payment of five hundred
rupees to the State Government:

Provided that the lessee/lessees shall make available to the transferee the original or
certified copies of all plans of abandoned workings in the area and in a belt 65 metres wide
surrounding it.

Provided further that where the mortgagee is an Institution or a Bank or a Corporation

specified in Schedule V, it shall not be necessary for any such Institution or Bank or Corporation
to meet with the requirement relating to income tax and the said valid clearance certificate.

(3) The State Government, may by order in writing, determine the lease at any time if
the lessee/lessees has/have in the opinion of the State Government, committed a breach of any of
the above provisions or has/have transferred the lease or any right, title or interest therein
otherwise than in accordance with clause (2) :

Provided that no such order shall be made without giving the lessee/lessees a
reasonable opportunity of stating his/their case.

Not to be financed or controlled by a Trust, Corporation, Firm or person:-

18.The lease shall not be controlled and the lessee/lessees shall not allow themselves to
be controlled by any Trust, Syndicate, Corporation, Firm or person except with the written
consent of the Central Government. The lessee/lessees shall not enter into or make any
arrangement compact or understanding whereby the lessee/lessees will or may be directly or
indirectly financed by or under which the lessee's/lessees' operations or undertakings will or may
be carried on directly or indirectly by or for the benefit of or subject to the control of any Trust,
Syndicate, Corporation, Firm or person unless with the written sanction given prior to such
arrangement compact or understanding being entered into or made of the Central Government
and any or every such arrangement compact or understanding as aforesaid (entered into or made
with such sanction as aforesaid) shall only be entered into or made and shall always be subject to
an express condition binding upon the other party or parties thereto that on the occasion of a state
of emergency of which the President of India in his discretion shall be the sole judge it shall be
terminable if so required in writing by the State Government and shall in the event of any such
requisition being made be forthwith thereafter determined by the lessee/lessees accordingly.

Lessee shall deposit any additional amount necessary:-

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19. Whenever the security deposit of Rs.2,000 / 1,000 or any part thereof or any further
sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or
applied by the Central or State Government pursuant to the power in hereinafter declared in that
behalf the lessee/lessees shall deposit with the State Government such further sum as may be
sufficient with the unappropriated part thereof to bring the amount in deposit with the State
Government up to the sum of Rs. 1,000 / 500.

Delivery of workings in good order to State Governments after determination of lease:

-

20.The lessee/lessees shall at the expiration or sooner determination of the said term or
any renewal thereof deliver up to the State Government all mines, pits, shafts, inclines, drifts,
levels, water ways, airways and other works now existing or hereafter to be sunk or made on or
under the said lands except such as have been abandoned with the sanction of the State
Government and in any ordinary and fair course of working all engines, machinery, plant,
buildings, structures, other works and conveniences which at the commencement of the said term
were upon or under the said lands and all such machinery set up by the lessee/lessees below
ground which cannot be removed without causing injury to the mines or works under the said
lands (except such of the same as may with the sanction of the State Government have become
disused) and all buildings and structures of bricks or stone erected by the lessee/lessees above
ground level in good repair order and condition and fit in all respects for further working of the
said mines and the said minerals.

Right of pre-emption:-

21 .(a) The State Government shall from time to time and all times during the said term
have the right (to be exercised by notice in writing to the lessee/lessees) of pre-emption of the
said minerals (and all products thereof) lying in or upon the said lands hereby demised or
elsewhere under the control of the lessee/lessees and the lessee/lessees shall with all possible
expedition deliver all minerals or products or minerals purchased by the State Government under
the power conferred by this provision in the quantities at the times in manner and at the place
specified in the notice exercising the said right.

(b) Should the right of pre-emption conferred by this present provision be exercised
and a vessel chartered to carry the minerals or products thereof procured on behalf of the State
Government or the Central Government be detained on demurrage at the port of loading the
lessee/lessees shall pay the amount due for demurrage according to the terms of the charter party
of such vessel unless the State Government shall be satisfied that the delay, is due to causes
beyond the control of the lessee/lessees.

(c) The price to be paid for all minerals or products of minerals taken in pre-emption
by the State Government in exercise of the right hereby conferred shall be the fair market price
prevailing at the time of pre-emption PROVIDED THAT in order to assist in arriving at the said
fair market price the lessee/lessees shall if so required furnish to the State Government for the
confidential information of the Government, particularly of the quantities, descriptions and
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prices of the said minerals or products thereof sold to other customers and of charters entered
into for freight, for carriage of the same and shall produce to such officer or officers as may be
directed by the State Government original or authenticated copies of contracts and charter parties
entered into for the sale or freightage of such minerals or products.

(d) In the event of the existence of a state of war or emergency (of which existence and
President of India shall be the sole judge and a notification to this effect in the Gazette of India
shall be conclusive proof), the State Government with the consent of the Central Government
shall from time to time and all times during the said term have the right (to be exercised by a
notice in writing to the lessee/lessees forthwith take possession and control of the works plant
machinery and premises of the lessee/lessees on or in connection with the said lands or
operations under this lease and during such possession or control the lessee/lessees shall conform
to and obey all directions given by or on behalf of the Central Government or State Government
regarding the use or employment of such works, plants, premises and minerals: PROVIDED
THAT fair compensation which shall be determined in default of agreement by the State
Government shall be paid to the lessee/lessees for all loss or damage sustained by him/them by
reason or in consequence of the exercise of the powers conferred by this clause and PROVIDED
ALSO that the exercise of such powers shall not determine the said term hereby granted or affect
the terms and provisions of these presents further than may be necessary to give effect to the
provisions of this clause.

Employment of foreign national:-

22. The lessee/lessees shall not employ, in connection with the mining operations any
person who is not an Indian national except with the previous approval of the Central
Government.

Recovery of expenses incurred by the State Government:-

23. If any of the works or matters which in accordance with the covenants in that
behalf hereinbefore contained are to be carried or performed by the lessee/lessees be not so
carried out or performed within the time specified in that behalf, the State Government may
cause the same to be carried out or performed and the lessee/lessees shall pay the State
Government on demand all expenses which shall be incurred in such carrying out or performance
of the same and the decision of the State Government as to such expenses shall be final.

Furnishing of geophysical data:-

24. The lessee/lessees shall furnish:

(a) all geophysical data relating to mining fields, or engineering and ground Water
surveys, such as anomaly maps, sections, plans, structures, contour maps, logging,
collected by him/them during the course of mining operations to the Director-
General, Geological Survey of India, Calcutta.
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(b) all information pertaining to investigations of radioactive minerals collected by

him/them during course of mining operations to the Secretary, Department of
Atomic Energy, New Delhi.

Data or information referred to above shall be furnished every year reckoned from the
date of commencement of the period of the mining lease.

PART VIII

The Covenants of the State Government

Lessee/lessees may hold and enjoy rights quietly :-

1. The lessee/lessees paying the rents, water rate and royalties hereby reserved and
observing and performing all the covenants and agreements herein contained and on the part of
the lessee/lessees to be observed and performed shall and may quietly hold and enjoy the rights
and premises hereby demised for and during the term hereby granted without any unlawful
interruption from or by the State Government, or any person rightfully claiming under it.

Acquisition of land of third parties and compensation thereof :-

2. If in accordance with the provision of clause 4 of Part VII of this Schedule the
lessee/lessees shall offer to pay to an occupier of the surface of any part of the said lands
compensation for any damage or injury which may arise from the proposed operations of the
lessee/lessees and the said occupier shall refuse his consent to the exercise of the right and
powers reserved to the State Government and demised to the lessee/lessees by these presents and
the lessee/lessees shall report the matter to the State Government and shall deposit with it the
amount offered as compensation and if the Central/State Government is satisfied that the amount
of compensation offered is fair and reasonable or if it is not so satisfied and the lessee/lessees
shall have deposited with it such further amount as the State and Central Government shall
consider fair and reasonable the State Government shall order the occupier to allow the
lessee/lessees to enter the land and to carry out such operations as may be necessary for the
purpose of this lease. In assessing the amount of such compensation the State Government shall
be guided by the principles of the Land Acquisition Act.

To renew:-

3. The mining lease is renewable in terms of the provisions of the Act and the rules
made thereunder.

Provided that the State Government may for reasons to be recorded in writing reduce
the area applied for.

If the lease is in respect of minerals specified in the First Schedule to the Act, renewal
will be subject to the prior approval of the Central Government.
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If the lessee/lessees be desirous of taking a renewed lease of the premises hereby

demised or of any parts of them for a further term from the expiration of the term hereby granted
and is otherwise eligible, they shall prior to expiration of the last mentioned term give to the
State Government twelve calendar months previous notice in writing and shall pay the rent, rates
and royalties hereby reserved and shall observe and perform the several covenants and
agreements herein contained and on the part of the lessee/lessees to be observed and performed
up to the expiration of the term hereby granted. The State Government on receipt of application
for renewal, shall consider it in accordance with the provisions of the Act and the rules made
thereunder and shall pass orders as it deems fit. If renewal is granted, the State Government will
at the expense of the lessee/lessees and upon his executing and delivering to the State
Government if required a counterpart thereof execute and deliver to the lessee/lessees a renewed
lease of the said premises or part thereof for the further term of ............. years at such rents, rates
and royalties and on such terms and subject to such rents, rates and royalties and on such terms
and subject to such covenants and agreements, including this present covenant to renew as shall
be in accordance with the Mineral Concession Rules, 1960, applicable to............................(name
of minerals) on the day next following the expiration of the term hereby granted.

Liberty to determine the lease:-

4. The lessee/lessees may at any time determine this lease by giving not less than 12
calendar months notice in writing to the State Government or to such officer, or authority as the
State Government may specify in this behalf and upon the expiration of such notice provided that
the lessee/lessees shall upon such expiration render and pay all rents, water rates, royalties,
compensation for damages and other moneys which may then be due and payable under these
presents to the lessor or any other person or persons and shall deliver these presents to the State
Government then this lease and the said term and the liberties, powers and privileges hereby
granted shall absolutely cease and determine but without prejudice to any right or remedy of the
lessor in respect of any breach of any of the covenants or agreements contained in these presents.

4A. The State Government may on an application made by the lessee permit him to
surrender one or more minerals from his lease which is for a group of minerals on the ground
that deposits of that mineral have since exhausted or depleted to such an extent that it is no
longer possible to work the mineral economically, subject to the condition that the lessee-

(a) Makes an application for such surrender of mineral at least six months before
the intended date of surrender; and
(b) Gives an undertaking that he will not cause any hindrance in the working of
the mineral surrendered by any other person who is subsequently granted a
mining lease for that mineral.

Refund of security deposits:-

5. On such date as the State Government may elect within 12 calendar months after the
determination of this lease or of any renewal thereof, the amount of the security deposit paid in
respect of this lease and then remaining in deposit with the State Government and not required to
 127

be applied to any of the purposes mentioned in this lease shall be refunded to the lessee/lessees.
No interest shall run on the security deposit.

PART IX

General Provisions

Obstructions to inspection :-

1. In case the lessee/lessees or his/their transferee/assignee does/do not allow entry or

inspection by the officers authorised by the Central or State Government under clauses (i), (j) or
(1) of sub-rule (1) of rule 27 of said Rules, the State Government shall give notice in writing to
the lessee/lessees requiring him/them to show cause within such time as may be specified in the
notice why the lease should not be determined and his/their security deposit forfeited; and if the
lessee/lessees fails/fail to show cause within the aforesaid time to the satisfaction of the State
Government, the State Government may determine the lease and forfeit the whole or part of the
security deposit.

Penalty in case of default in payment of royalty and breach of covenants:-

2. If the lessee/lessees or his / their transferee or assignee makes/make any default in

payment of rent or water rate or royalty as required by section 9 of the Act or commits a breach
of any of the conditions and convenants other than those referred to in covenant 1 above, the
State Government shall give notice to the lessee/lessees requiring him/them to pay the rent, water
rate, royalty or remedy the breach, as the case may be, within sixty days from the date of receipt
of the notice and if the rent, water rate and royalty are not paid or the breach is not remedied
within such period, the State Government without prejudice to any proceedings that may be
taken against him/them, determine the lease and forfeit the whole or part of the security deposit.

Penalty for repeated breaches of covenants:-

3. In cases of repeated breaches of covenants and agreements by the lessee/ lessees for
which notice has been given by the State Government in accordance with clauses (1) and (2)
aforementioned on earlier occasion, the State Government without giving any further notice, may
impose such penalty not exceeding twice the amount of annual dead rent specified in clause 2,
Part V.

Failure to fulfil the terms of leases due to "Force Majeure":-

4. Failure on the part of the lessee/lessees to fulfil any of the terms and conditions of
this lease shall not give the Central or State Government any claim against the lessee/lessees or
be deemed a breach of this lease, in so far as such failure is considered by the said Government
to arise from force majeure, and if through force majeure the fulfilment by the lessee/lessees of
any of the terms and conditions of this lease be delayed, the period of such delay shall be added
 128

to the period fixed by this lease. In this clause the expression "Force Majeure" means act of God,
war, insurrection, riot, civil commotion, strike, earth quake, tide, storm, tidal wave, flood,
lightning, explosion, fire, earthquake and any other happening which the lessee/lessees could not
reasonably prevent or control.

Lessee/lessees to remove his/their properties on the expiry of lease:-

5. The lessee/lessees having first paid discharged rents, rates and royalties payable by
virtue of these presents may at the expiration or sooner determination of the said term or within
six calendar months thereafter (unless the lease shall be determined under clauses 1 and 2 of this
Part and in that case at any time not less than three calendar months nor more than six calendar
months after such determination) take down and remove for his/their own benefit all or any 1[ore
mineral excavated during the currency of lease] engines, machinery, plant, buildings structures,
tramways, railways and other works, erections and conveniences which may have been erected,
set up or placed by the lessee/lessees in or upon the said lands and which the lessee/lessees is/are
not bound to deliver to the State Government under clause 20 of Part VII of this Schedule and
which the State Government shall not desire to purchase.

Forfeiture of property left more than six months after determination of lease: -

6. If at the end of six calendar months after the expiration or sooner determination of
the said term under the provision contained in clause 4 of Part VIII of this Schedule become
effective there shall remain in or upon the said land any 2[ore or mineral] engines, machinery,
plant, buildings structures, tramways, railways and other work, erections and conveniences or
other property which are not required by the lessee/lessees in connection with operations in any
other lands hold by him/them under prospecting licence or mining lease the same shall if not
removed by the lessee/lessees within one calendar month after notice in writing requiring their
removal has been given to lessee/lessees by the State Government be deemed to become the
property of the State Government and may be sold or disposed of in such manner as the State
Government shall deem fit without liability to pay any compensation or to account to the
lessee/lessees in respect thereof.

Notices : -

7. Every notice by these presents required to be given to the lessee/lessees shall be

given in writing to such person resident on the said lands as the lessee/lessees may appoint for
the purpose of receiving such notices and if there shall have been no such appointment then
every such notice shall be sent to the lessee/lessees by registered post addressed to the
lessee/lessees at the address recorded in this lease or at such other address in India as the
lessee/lessees may from time to time in writing to the State Government designate for the receipt
of notices and every such service shall be deemed to be proper and valid service upon the
lessee/lessees and shall not be questioned or challenged by him/them.

1. Inserted by G.S.R.No.56 (E), dated 17.1.2000.

2. Ibid.
 129

Immunity of State Government from liability to pay compensation:-

8. If in any event the orders of the State Government are revised, reviewed or cancelled
by the Central Government in pursuance of proceedings under Chapter VII of the Mineral
Concession Rules, 1960, the lessee/lessees shall not be entitled to compensation for any loss
sustained by the lessee/lessees in exercise of the powers and privileges conferred upon him/them
by these presents.

8A.The lease is executed at .………… the capital town of the State of ....................
(name of the State) and subject to the provision of Article 226 of the Constitution of India, it is
hereby agreed upon by the lessee and the lessor that in the event of any dispute in relation to the
area and lease, condition of lease, the dues realisable under the lease and in respect of all matters
touching the relationship of the lessee and the lessor, the suits (or appeals) shall be filed in the
civil courts at ……………….. (name of the city) and it is hereby expressly agreed that neither
party shall be competent to file a suit or bring any action or file any petition at any place other
than the courts named above.

9. For the purpose of stamp duty the anticipated royalty from the demised land is
Rs............ per year.

IN WITNESS WHEREOF these presents have been executed in the manner hereunder
appearing the day and year first above written.

Signed by

for and on behalf of the Governor/President of India in the presence of

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FORM L

REGISTER OF APPLICATIONS FOR MINING LEASES

(See rule 40(1)]

1. Serial No.
2. Date of application for mining lease.
3. Date on which application was received by the Receiving Officer.
4. Name of the applicant with full address.
5. Situation and boundaries of the land applied for.
6. Estimated area of the land.
7. Particulars of minerals which the applicant desires to mine.
8. Particulars of the prospecting licence if the area applied for is covered by it.
9. Application fee paid and preliminary expenses deposited.
10. Final disposal of the application together with number and date of the order.
11. Remarks.
12. Signature of the officer.
 131

FORM M

REGISTER OF MINING LEASES

[See rule 40(2)]

1. Serial No.
2. Name of the lessee.
3. Residence with complete address of lessee.
4. Date of application.
5. Date on which application was received by Receiving Officer.
6. (a) Number and date of grant of lease.
(b) Date of execution of mining lease.
7. (Omitted)
8. Situation and boundaries of the land.
9. Total area for which lease has been granted.
10. Mineral or minerals for which lease originally granted.
11. Mineral or minerals added to the mining lease with date.
12. Period for which granted.
13. Date and period of renewal.
14. Date of change together with details of change that take place in name,
nationality or other particulars of the holder of mining lease.
15. Date of assignment of transfer of the lease, if any, and the name and address of
the assignee/transferee.
16. Date of expiry or relinquishment or cancellation.
17. Date from which the area is available for regrant.
18. Remarks.
19. Signature of the officer.
 132

FORM-N

"To be submitted in triplicate"

MODEL FORM OF APPLICATION FOR REVISION

(See rule 54)

1. Name and address of individual/s firm or company applying.

2. Profession of individual/s or firm or company.
3. (a) Number and date of order and authority passing the order against which
revision application is filed;
(b) Date of communication of the order to the applicant.
4. (a) Omitted.
(b) If the application is in respect of an order made on an application for
mineral concession, specify -
(i) whether for grant or renewal;
(ii) whether for prospecting licence or for mining lease;
(iii) date of such application;
(iv) if for renewal, the number and date of letter of the State Government
conveying the grant and the date upto which licence/lease was granted;
(v) in the case of second or subsequent renewal, the number and date of
letter of earlier grant (s) and date (s) upto which grant (s) have been
made.
5. Mineral or minerals for which the revision application is filed.
6. Details of the area in respect of which the revision application is filed.

---------------------------------------------------------------------------------------------------------
District Taluk village Khasra No.
---------------------------------------------------------------------------------------------------------

Total area claimed.

---------------------------------------------------------------------------------------------------------
(A map or plan of the area (s) to be attached.)

7. Whether application fee of Rs. 500/- has been deposited in the manner prescribed
in sub-rule (1) of rule 54 of the Mineral Concession Rules, 1960. If so, treasury
receipt or bank draft in original should be attached.
 133

8. Whether the revision application has been filed within three months of the date
of communication of the order passed by the State Government.
9. If not the reasons for not presenting it within the prescribed limit as provided for
in proviso to sub-rule (1) of rule 54 of Mineral Concession Rules, 1960.
10. Name and complete address of the party/parties impleaded sub- rule (2) of rule 54
1
11. Number of copies of petition attached sub-rule (3) of rule 54.
12. Grounds of revision.
13. If the revision application has been filed by the holder of Power of Attorney, the
Power of Attorney to be attached.

Yours faithfully,

Place
Date Signature and designation of the applicant

______________________________________________________________________________
1. Revision petition is to be submitted in triplicate if no party is impleaded. Besides these, for
each party impleaded one additional copy is to be enclosed.
 134

FORM- O
Model form for transfer of mining lease

(See rule 37 A)

When the transferor is an individual.................The indenture made

this.................day of.........……… 20….between............ (Name of the person with
address and occupation) (hereafter referred to as the "transferor" which expression
shall where the context so admits be deemed to include his heirs, executors,
administrators, representatives and permitted assigns).

When the transferors are more than one individual..............(Name of person

with address and occupation) and …………..............(Name of person with address and
occupation) (hereinafter referred to as the "transferor" which expression shall where
the context so admits be deemed to include their respective heirs, executors,
administrators, representatives and permitted assigns).

When the transferor is a registered firm..............(Name of the person with

address of all the partners) all carrying on business in partnership under the firm name
and style of..............(Name of the firm) registered under the Indian Partnership Act,
1932(9 of 1932) and having their registered office at...............(hereinafter referred to
as the "transferor" which expression where the context so admits be deemed to include
all the said partners, their respective heirs, executors, legal representatives and
permitted assigns).

When the transferor is a registered company ............(Name of Company) a

company registered under ...............(Act under which incorporated) and having its
registered office at.............(Address)(hereinafter referred to as the "transferor" which
expression shall where the context so admits be deemed to include its successors and
permitted assigns) of the first part.

And

When the transferee is an individual ........... (Name of person with address

and occupation) (hereinafter referred to as the "transferee" which expression shall
where the context so admits be deemed to include his heirs, executors, administrators,
representatives and permitted assigns.).

When the transferees are more than one individual...........(Name of the

person with address and occupation) and ..............(Name of person with address and
occupation)(hereinafter referred to as the "transferee" which expression shall where the
context so admits be deemed to include their respective heirs, executors,
administrators, representatives and permitted assigns).
 135

When the transferee is a registered firm............(Name and address of all the

partners all carrying on business in partnership under the firm name and style of)
..................(Name of the firm) registered under the Indian Partnership Act, 1932 (9 of
1932) and having their registered office at...............(hereinafter referred to as the
"transferee" which expression where the context so admits be deemed to include all
the said partners, their respective heirs, executors, legal representatives and permitted
assigns).

When the transferee is a registered company..............(Name of the Company)

a company registered under (Act under which incorporated) and having its registered
office at ............... (Address) (hereinafter referred to as the "transferee" which
expression shall where the context so admits be deemed to include its successors and
permitted assigns) of the second part.

And

The Governor of .............. (hereinafter referred to as the ‘State Government’

which expression shall where the context so admits be deemed to include the
successors and assigns) of the third part.

Whereas by virtues of an indenture of lease dated the ............... and registered as

No. .................on ......………… (date) in the office of the Sub-registrar of …………….
(place) (hereinafter referred to as lessee) the original whereof is attached hereto and
marked `A' entered into between the State Government (therein called the lessor) and
the transferor (therein called the lessee), the transferor is entitled to search for, win and
work mines and minerals in respect of..................(Name of mineral/s) in the lands
described in Schedule thereto and also in Schedule annexed hereto for the term and
subject to the payment of the rents and royalties and observance and performance of
the lessee's covenant and conditions in the said deed of lease reserved and contained
including a covenant not to assign the lease or any interest thereunder without the
previous sanction of the State Government.

And whereas the transferor is now desirous of transferring and assigning the
lease to the transferee and the State Government has, at the request of the transferor,
granted (with the prior approval of the Central Government) permission to the
transferor vide order No....................dated ............. to such a transfer and assignment of
the lease upon the condition of the transferees entering into an agreement is and
containing the terms and conditions hereinafter setforth.

Now this Deed Witnesseth follows:

1.-Omitted.
2. The transferee hereby covenants with the State Government that from and
after the transfer and assignment of the lease the transferee shall be bound by, and be
liable to perform, observe and conform and be subject to all the provisions of all the
covenants, stipulations and conditions contained in said hereinbefore recited lease in
the same manner in all respects as if the lease had been granted to the transferee as the
 136

lessee thereunder and he had originally executed it as such.

3. It is further hereby agreed and declared by the transferor of the one part and
the transferee of the other part that

(i) The transferor and the transferee declare that they have ensured that the
mineral rights over the area for which the mining lease is being transferred
vest in the State Government.

(ii) The transferor hereby declares that he has not assigned, sublet, mortgaged
or in any other manner transferred the mining lease now being transferred
and that no other person or persons has any right, title or interest where
under in the present mining lease being transferred.

(iii) The transferor further declares that he has not entered into or made any
Agreements, contract or understanding whereby he had been or is being
Directly or indirectly financed to a substantial extent by or under which the
Transferor's operation or understandings were or are being substantially
controlled by any person or body of persons other than the transferor.

(iv) The transferee hereby declares that he/she has accepted all the conditions
and liabilities which the transferor was having in respect of such mining
licence.

(v) The transferee further declares that he is financially capable of and will
directly undertake mining operations.

(vi) The transferee further declares that he has filed an affidavit stating that he
has filed up-to-date income tax returns, paid the income tax assessed on him
and paid the income tax on the basis of self-assessment as provided in the
Income Tax Act, 1961, (43 of 1961).

(vii) The transferor has supplied to the transferee the original or certified
Copies of all plans of abandoned workings in the area and in a belt 65
Metres wide surrounding it.

(viii) The transferee hereby further declares that as a consequence of this

Transfer, the total area while held by him under mineral concessions are
not in contravention of Section 6 of the Mines and Minerals
(Development and Regulation) Act, 1957 or rule 35 of the Mineral
Concession Rules, 1960.

(ix) The transferor has paid all the rent, royalties, and other dues towards
Government till the date, in respect of this lease.
 137

In witness whereof the parties hereto have signed on the date and year first above
written.

SCHEDULE

Location and area of the lease

All that tract of lands situated at .................………………………………..

(Description of area or areas) .......................………… in (Pargana) in
……………………………the Registration Distt................... Sub
District...........…………..and Thana…….............bearing Cadestral Survey
Nos.………................. containing an area of ...................................or thereabout
delineated on the plan hereto annexed and thereon coloured …………………………...
and bounded as follows:-

ON THE NORTH BY
ON THE SOUTH BY
ON THE EAST BY
AND
ON THE WEST BY

Signed by
for and on behalf of the State Govt. in the presence of

1.

2.

Signature of transferor in the presence of witnesses

1.

2.

Signature of transferee in the presence of

1.
2.

--------------------------------------------------------------------------------------------------------
 138

1
[ FORM-P

Model form for transfer of prospecting licence

(See rule 15A)

When the transferor is an individual..............…………….This indenture made

this.................day of.........……… 20….between............ (Name of the person with
address and occupation) (hereinafter referred to as the "transferor" which expression
shall where the context so admits be deemed to include his heirs, executors,
administrators, representatives and permitted assigns).

When the transferors are more than one individual.............(Name of persons

with address and occupation) and ………….............(Name of persons with address and
occupation) (hereinafter referred to as the "transferor" which expression shall where
the context so admits be deemed to include their respective heirs, executors,
administrators, representatives and permitted assigns).

When the transferor is a registered firm..............(Name of the person with

address of all the partners) all carrying on business in partnership under the firm name
and style of..............(Name of the firm) registered under the Indian Partnership Act,
1932 (9 of 1932) and having their registered office at...............(hereinafter referred to
as the "transferor" which expression shall where the context so admits be deemed to
include all the said partners, their respective heirs, executors, legal representatives and
permitted assigns).

When the transferor is a registered company ............(Name of the Company)

a company registered under ...............(Act under which incorporated) and having its
registered office at.............(Address) (hereinafter referred to as the "transferor" which
expression shall where the context so admits be deemed to include its successors and
permitted assigns) of the first part.

AND

When the transferee is an individual ........... (Name of person with address

and occupation) (hereinafter referred to as the "transferee" which expression shall
where the context so admits be deemed to include his heirs, executors, administrators,
representatives and permitted assigns).

When the transferees are more than one individual.....………....(Name of the

person with address and occupation) and ..............(Name of person with address and
occupation) (hereinafter referred to as the "transferee" which expression shall where
the context so admits be deemed to include their respective heirs, executors,
______________________________________________________________________
1. Inserted by G.S.R. No. 31 (E), dated 22.1.2001.
 139

administrators, representatives and permitted assigns).

When the transferee is a registered firm............(Name and address of all the

partners) all carrying on business in partnership under the firm name and style of
..................(Name of the firm) registered under the Indian Partnership Act, 1932 (9 of
1932) and having their registered office at...............(hereinafter referred to as the
"transferee" which expression where the context so admits be deemed to include all
the said partners, their respective heirs, executors, legal representatives and permitted
assigns).

When the transferee is a registered company..............(Name of the Company)

a company registered under ……………(Act under which incorporated) and having its
registered office at ............... (Address) (hereinafter referred to as the "transferee"
which expression shall where the context so admits be deemed to include its
successors and permitted assigns) of the second part.

AND

The Governor of .............. (hereinafter referred to as the ‘State Government’

which expression shall where the context so admits be deemed to include the
successors and assigns) of the third part.

Whereas by virtue of an indenture of licence dated the ............…..…… and

registered as No. .................on ......………… (date) in the office of the Sub-registrar of
…………………..(place) (hereinafter referred to as licensor) the original whereof is
attached hereto and marked `A' entered into between the State Government (therein
called the licensor) and the transferor (therein called the licensee), the transferor is
entitled to search for, the minerals in respect of..................(Name of mineral(s) in the
lands described in the Schedule thereto and also in Schedule annexed hereto for the
term and subject to the payment of prospecting and other fees and royalties and
observance and performance of the licensee's covenant and conditions in the said deed
of licence reserved and contained including a covenant not to assign the licence or any
interest thereunder without the previous sanction of the State Government.

And whereas the transferor is now desirous of transferring and assigning the
licence to the transferee and the State Government has, at the request of the transferor,
granted permission to the transferor vide order No....................dated ............. to such a
transfer and assignment of the licence upon the condition of the transferee entering into
an agreement in and containing the terms and conditions hereinafter setforth.

Now this Deed Witnesseth as follows:

1. The transferee hereby covenants with the State Government that from and after
the transfer and assignment of the licence, the transferee shall be bound by, and be
liable to perform, observe and conform and be subject to all the provisions of all the
 140

covenants, stipulations and conditions contained in said hereinbefore recited licence in

the same manner in all respects as if the licence had been granted to the transferee as
the licensee thereunder and he had originally executed it as such.

2. It is further hereby agreed and declared by the transferor of the one part and the
transferee of the other part that -

(i) the transferor and the transferee declare that they have ensured that the
mineral rights over the area for which the prospecting licence is being transferred
vest in the State Government;

(ii) the transferor hereby declares that he has not assigned, sublet, mortgaged or in any
other manner transferred the prospecting licence now being transferred and that no
other person or persons has any right, title or interest where under in the present
prospecting licence being transferred;

(iii) the transferor further declares that he has not entered into or made any
agreement, contract or understanding whereby he had been or is being directly or
indirectly financed to a substantial extent by or under which the transferor's operation
or understandings were or are being substantially controlled by any person or body
or persons other than the transferor;

(iv) the transferee hereby declares that he has accepted all the conditions and liabilities
which the transferor was having in respect of such prospecting licence;

(v) the transferee further declares that he is financially capable of and will directly
undertake prospecting operations;

(vi) the transferee further declares that he has filed an affidavit stating that he has filed
up-to-date income tax returns, paid the income tax assessed on him and paid the
income tax on the basis of self-assessment as provided in the Income Tax Act, 1961,
(43 of 1961);

(vii) the transferor has supplied to the transferee the original/or certified copies of all
plans of exploration and abandoned pits in the area and in a belt of 65 meters wide
surrounding it;

(viii) the transferee hereby further declares that as a consequence of this transfer, the
total areas held by him under mineral concessions are not in contravention of section
6 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);

(ix) the transferor has paid all the prospecting and other fees, royalties, and other
dues towards Government till the date, in respect of this licence.
 141

In witness whereof the parties hereto have signed on the date and year first above
written.

SCHEDULE

Location and area of the licence:

All that tract of lands situated at …………………..…………….. (Description of

areas) .......................… in (Pargana) in ……………………………the
District................….. Sub-District...........………….and Thana…….............bearing
Cadestral Survey Nos.………........………………………......… containing an area of
...................................or thereabout delineated on the plan hereto annexed and thereon
coloured..........……………………………. and bounded as follows:-

ON THE NORTH BY
ON THE SOUTH BY
ON THE EAST BY
AND
ON THE WEST BY

Signed by
for and on behalf of the State Government in presence of

1.

2.

Signature of transferor in the presence of witnesses

1.

2.

Signature of transferee in the presence of

1.

2. ]
--------------------------------------------------------------------------------------------------------
 142

1
[SCHEDULE II
[See rule 9(2)(a)]
Application fee for prospecting licences

(1) For first square kilometre or part thereof two hundred and fifty rupees.
(2) For each additional square kilometre fifty rupees. ]

SCHEDULE III
[See rule 14(1) (ii) (a) & (b)]
Maximum quantities of ores and minerals removable

Maximum
Quantities that quantity that
Class Mineral/ore can be carried can be carried
away without away by
any payment payment of
royalty
1 2 3 4
Class-I Asbestos, graphite, mica, native sulphur, auriferous rock 250 kg 10 tonnes
with visible uranium mineral and uranium bearing
minerals, minerals of rare earths group, beryl, tantalite,
columbite-concentrates of ores of antimony, arsenic,
bismuth, chromium, copper, lead, nickel, tin, titanium,
tungsten, zinc.

Class-II Auriferous rock and gravel containing no visible gold, 5 tonnes 200 tonnes
metalliferous ores meant for extracting cadmium, cobalt,
mercury, molybdenum, silver, helium, vanadium, barytes,
bitumen, borax, corundum, emery, grossularite, felspar,
fluorspar and calcite.

Class-III Uraniferous rock without visible uranium minerals, 10 tonnes 200 tonnes
metalliferous ores meant for extracting antimony, arsenic,
bismuth, chromium, copper, lead, nickel, tin, titanium,
tungsten, zinc and compound ores containing metals of
cadmium, cobalt, mercury, molybdenum, silver, helium
and vanadium, gypsum, limestone, iron pyrites, shales, red
& yellow ochre, bauxite, metalliferous ores meant for
extracting aluminium, iron and manganese.

Class-IV Limestone, sillimanite, kyanite, magnesite, serpentine, 50 tonnes 200 tonnes

steatite, vermiculite, fireclay, kaolin and other refractory
materials, coal and lignite.

Class-V All other minerals not specified above. 10 tonnes 200 tonnes

1 Substituted by G.S.R. 21 (E), dated 11.1.2002.

 143

SCHEDULE IV
Omitted by G.S.R. 1010, dated 15.9.1973

SCHEDULE V
Institutions/Banks/Corporations
(See rule 37)

1. A Scheduled Bank as defined in clause (e) of Section 2 of the Reserve Bank of

India Act, 1934 (2 of 1934).
2. A Bank specified in column 2 of the First Schedule to the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970).
3. A Finance Corporation owned and controlled by a State Government.
4. A State Industrial Development Corporation.
5. Unit Trust of India.
6. Industrial Finance Corporation of India.
7. State Trading Corporation of India.
8. Industrial Credit and Investment Corporation of India.
9. Life Insurance Corporation of India.
10. Industrial Development Bank of India.
11. Industrial Reconstruction Corporation of India Ltd., Kolkata.
12. State Industrial Corporation of Maharashtra.
13. General Insurance Corporation of India and its four subsidiaries, viz. (1) Oriental
Insurance Co., New Delhi, (2) New India Assurance Co., Mumbai, (3) National
Insurance Co., Kolkata and (4) United Insurance Co., Chennai.
14. The Export and Import Bank of India.
15. The National Bank of Agriculture and Rural Development.