OMMC (Amendment) 2014 PDF

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The
Odisha
GazGtte
EXTRAORDINARYPUBLISHED
BY
AUTHORITY
No.
1453,
CUTTACK,
TUESDAY,
SEPTEMBER 16,
2014/
BHARA
25,
1936
STEEL
&
MINES DEPARTMENTNOTIFICATION
The
16th
September,
2014
S.R.O.
No.443/2014-
ln
exercise
of
the
powers
conferred
by
sub-section
(1)
of
Section 15
of
the
Mines
and
Minerals (Development
and
Regulation)
Act,
1957
(67
of1957),
the
State
Government
hereby makes
the
following rules further
to
amend
theOrissa Minor Minerals
Concession
Rules, 2004,
namely:-
1.
(1) These rules may be
called
the
Odisha Minor Minerals Concession
(Amendment)Rules,
2014.
(2) They shall
come
into
force
on the date of
their
publication
in
the
Odisha
Gazette.
2.
ln the said
rules,
in rule
2,-
(a)
ln
sub-rule
(1),-
(i)
clause
(b) shall be omitted;
(ii)
for
clause (c), the following clause shall be substituted,
namely:-
 (c)
Authorised Officer means
the
Director
of
Mines
or
Director
of
Geology
or
any
officer
of the
Directorate
of
Mines
or
Directorate of
Geology
duly authorised
by
the
Government
in
writing for
the
purpose';
(iii)
for clause
(p), the following clause shall be substituted,
namely:- (p)
mining
plan
in
relation
to
quarry
lease
means,
a
plan
as
may
be
prepared
by
the
recognised person
in
the
prescribed form and
approved
by the
authorised
officer and
in
relation
to
decorative
stones
means
a
mining
plan
prepared under
the
Granite Conservation
and
Development
Rules,
1999'.
(iv)
after
clause
(u),
the following clause shall be inserted,
namely:- (u-1) recognised person
for
quarry lease means
a
person
granted
recognition
by
the
Authorised Officer
for
preparation
of
mining plan
in
respect of quarry lease;
(b)
The existing
sub-rule
(3) shall be renumbered as sub-rule
(2).
 
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3.
ln the said rules, in rule
3,
in
sub-rule
(1),
the words or auction of
source
shall
be
omitted.
4.
ln the
said rules,
in
rule
4,
the
words
or
auction
of
source wherever
that
occurshall be omitted.
5.
ln
the
said
rules,
in rule
8,
-
(a)
for
sub-rule
(5)
the following sub-rule shall be substituted,
namely:-
 (5)
No
quarry
lease
shall
be granted
for
a period less than five
years
on such termsand conditions as may be specified
by
the
Competent Authority; (b) sub-rule 6 shall be omitted;
and
(c) ln
sub-rule
(7)
the words quarry lease shall be omitted.
6.
ln
the
said
rules,
for
rules26
and
27
the
following
rules
shall
be
substituted
namely,-
 26.
Application
for
quarry
lease:-
(1) The area
of
the
quarry lease
shall
be
delineated
and
notification
inviting
applications
shall
be published
in
two daily newspapers, atleast one of which
is
state level
and
other
having
wide
publicity
in the
area, where
the
lease
is
located and such notification
shall
be published
atleast
fifteen days
before theintended
date of
inviting applications and shall contain
the date
and time withinwhich
applications
shall be received.
(2)
The
intending applicant may apply
for
grant
of
quarry lease
for
such area
or
areas
in
FORM-J in triplicate
accompanied
with
the
following documents
and
particulars
to the
Competent
Authority in
a
sealed
cover
which shall
be setfledsubject
to
other provisions
of
these
rules:-
0
treasury
Challan showing
deposit
of
one thousand rupees
(non-refundable) towards the application fee;
(iil
land
schedule
and
boundary description
which would
facilitate
easy
identification
of
the area applied
for;
(iit
an
affidavit stating
that no
mining
due
payable under the
Act
and
the
Rules made thereunder, is outstanding against the applicant;
(iv)
where
the
land applied
for
belongs
to
private persons, consent of
all such persons for grant of quarry lease;
(v)
a
solvency certificate and
a
list
of
immovable properties from
theRevenue Authority;
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(vi)
any
other
information
which
the
applicant intends to furnish,
such
as,
technical
knowledge, experience, machinery under possession,
financial
position and
the
like.
(3)
Subject
to
the
provisions
of
these
rules,
the
quarry
lease
shall
be
granted in favour of the
applicant
who has
quoted
the
highest rate of
royalty:Provided
that if
more
than one
applicant have
quoted the highest
rate
of
royalty,
then
the applicant shall be selected
by
draw
of
lots.
(4)
The
lessee
shall
have
to
pay
the
amount
of
royalty
quoted
by him
in
the
sealed cover
multiplied
by
the
quantity
of
minerals approved
by
the
Authorised
officer
before execution
of
lease deed, failing which
the
amount
so deposited
by
the
lessee shall
be
forfeited.
(5)
The
selected lessee shall deposit earnest money within seven days of
the
finalisation of
the
bid at
the
rate
per
hectare
of
land
to
be fixed
by
the competent
Authority and
the
earnest money
so
deposited shall
be
forfeited,
if
the
lessee
does not submit mining plan and
environmentclearance
etc.
in
time.
(6)
The
earnest money
so fixed shall
be
through
Demand Draft drawn
in
favour
of
the
competent Authority
or in
shape
of
cash
as
may
be
decided
by the Competent Authority.
(7)
ln the event of default
by
the
highest
successful bidder, the competent
Authority
shall
intimate
the
second
and
subsequent
higher bidder
in
descending
order directing him
to
deposit
the earnest
money and obtainmining plan and environment clearance within
the
prescribed time.
(8)
ln
case
the bid is
confirmed and the
total
royalty amount
is
deposited,
the
earnest money deposited, before
the
lease agreement
is
executed
shall be
converted
to
security deposit
by
depositing
the
same
through
Postal savings Account
duly
predged
in
favour
of
the
concernedCompetent Authority.
(9)
security
deposit shall be
refunded
after expiry of
the
lease period
if
the
lessee
has
fulfilled all
conditions
of
lease
and
in
case of violation of
anyof
the
conditions
of
lease, the security
deposit
shall be
forfeited
in
whole
or
in part
by
the
Competent Authority.
(10)
The application submitted in
FORM-J
shall be summarily rejected
if
the
rate
of
royalty
quoted
is
less than
the
rate
of
royalty specified
in
schedule-ll and
if
the
application
is not
accompanied
with
documents
and
particulars as specified
in
sub-rule
(2).
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(11) The
Collector
or the
Conservator
of
Forest, as
the
case may be,
shall
have
power
to
cancel
the
bid
duly
recording
the
reasons
thereof if
he
is
not
satisfied
with
the
publicity, participation
of
bidders
and
amount of
royalty quoted.
(12)
where
the
lessee,
who
quoted
the
highest rate
of
royalty,
dies
after
deposit of
royalty amount
or
after
execution of
lease
agreement
by
him,
such deposit
or
agreement
shall
be
deemed
to
have been made
orexecuted
by
the
legal heir or legal representative,
if
they
so
like.
27.
Lease
of
Minor
Minerals:-
Notwithstanding
anything contained
in
these
rules, no quarry lease specified
in item
1(i)
of
Schedule
lll
shall
be
granted
for
a
period less
than five
years
on
such
terms and
conditions
as
may
be
specified
by
the
Competent Authority.
27-A. (1)
Mining Plan
as
a
pre-requisite
to
the grant
of
quarry
lease:-
No
quarry
lease
shall
be granted by
the
Competent
Authority unless
there is
a
mining
plan
prepared
by the
recognised
persons
and duly
approved
by
the
Authorised Officer
for
the
development
of
the
mineral deposits
in
the
area
concerned.
(2)
On
receipt
of
the
intimation
from
the
Competent
Authority
for
the
precise area
to
be granted, the applicant shall submit application
before the
recognized person selected
by the
Authorized Officer
for
preparation of
mining
plan.
(3)
The
recognized
person shall
prepare
the
mining plan
in
FoRM_zB
within
thirty
days from
the
date
of
receipt of
the
application and submit
thesame to the
Authorized
Officer for approval.
(4)
The
Authorized
officer,
after
receipt
of
the
mining plan from
therecognized person, shall approve
the
same within thirty days from the date
ofreceipt
with
modifications,
if
any,
and
submit
the
same
to
the
competent
Authority.
(5)
The
mining plan for quarry lease shall
contain,_
(i)
the
plan
of the
quarry lease hold
area
showing
the
nature
and
extent
of
the
mineral body,
spot
or
spots where
the
miningoperations are proposed
to
be carried out
by
the
applicant;
(ii)
details
of
mineral reserve of the area;
(iii)
the extent
of manual mining
or
mining
by
the
use
of
machinery
and
mechanicaldevices
on
the
precise area;
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