EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 774, CUTTACK, MONDAY, MAY 21, 2018/ BAISAKHA 31, 1940

DEPARTMENT OF STEEL & MINES

NOTIFICATION

The 21st May, 2018

S.R.O.No.178/2018 — In exercise of the powers conferred by sub-section (1) of

Section 15 of the Mines and Minerals (Development and Regulation) Act,1957 (67 of

1957), the State Government do hereby make the following rules further to amend the

Odisha Minor Mineral Concession Rules, 2016, namely:—

1. Short title and commencement:— (1) These rules may be called the Odisha

Minor Mineral Concession (Amendment) Rules, 2018.

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

2. In the Odisha Minor Mineral Concession Rules, 2016, (hereinafter referred to as

the said rules), in rule 8, after sub-rule (3), the following sub-rule shall be inserted,

namely:—

“(3A) Any holder of a lease granted, where mineral is required for captive

use, shall have the right of first refusal at the time of auction held for such

lease.”

3. In the said rules, after rule 8, following rule shall be inserted, namely:—

“8A. Special provisions for lessees of decorative stones.— Notwithstanding

anything contained in these rules, any holder of the mining lease for

decorative stone granted before the date of commencement of Odisha Minor

Mineral Concession Rules,2016 shall be entitled for extension of lease

period up to a period ending on 31^st March, 2020 with effect from the date of

expiry of the period of lease or of renewal last made or till completion of

renewal period, if any, or a period of thirty years from the date of grant of

such mining lease with the same terms and conditions, whichever is later,

subject to the condition that the terms and conditions of the lease have been

complied with and the lessee has set up an industry in the State based on

the decorative stone extracted from the said lease hold area:

Provided that the provisions of this rule shall not apply to a mining

lease for which renewal has been refused or which has been determined or

cancelled”.

4. In the said rules, in rule 9, for sub-rule-(2), the following sub-rule shall be

substituted, namely:—

“(2) The selection of persons for grant of prospecting License-cum-Mining

Lease shall be made through auction by a method of competitive bidding”.

5. In the said rules, in rule 10, sub-rule-(2) shall be omitted.

6. In the said rules, in rule 16, sub-rule (2) shall be omitted.

7.In the said rules, in rule 22, under sub-rule(2) the following proviso shall be

inserted, namely:—

“Provided that if during the currency of a mining lease for major mineral any

of such minerals, is declared as Minor Mineral, the mining plan for the minor

mineral in the said lease may also be approved by the authority competent to

approve the mining plan for the major mineral concerned”.

8. In the said rules, in rule 26.—

(a) in sub-rule(9) for the expressions “cancelled” and “cancellation”, the

expressions “lapsed” and “lapsing” , respectively, shall be substituted ;

and

(b) after sub-rule(9) , the following sub-rule shall be inserted, namely:—

“ (9-a) Every application under sub-rule(9) shall be accompanied with a fee

of rupees ten thousand”.

9. In the said rules, in rule 26, after sub-rule(39) , the following sub-rule shall be

inserted, namely:—

“(39A)- The holder of a mining lease shall complete the detailed exploration

(G1 level) and prepare a detailed feasibility report conforming to United

Nations Framework Classification of Mineral Reserves and Resources

(UNFC) guidelines over the entire lease area within a period of three years

from the date of commencement of such mining lease”.

10. In the said rules, in rule42, for the expression “rupees fifty thousand for a

prospecting license-cum-mining lease, fifty thousand for mining lease”, the expression

“rupees one lakh for a prospecting license-cum-mining lease, rupees two lakh for mining

lease” shall be substituted.

11. In the said rules, in rule51, in sub-rule(1), in clause (ii), the expressions “or

Revenue Inspector” and “or Assistant Mining Officer or Chief Surveyor or Senior Surveyor”

shall be inserted respectively after the expression “Tahasildar” and “Mining Officer”.

12. In the said rules, after rule 67, the following rule shall be inserted, namely:—

“68. Special provisions relating to atomic minerals as specified in Part-B of the

First Schedule to the Act.- Notwithstanding anything contained in these Rules,

the prospecting or mining operations shall also be subject to the following

conditions, namely:—

(a) If the holder of the prospecting license-cum-mining lease or mining lease,

as the case may be, discovers any atomic minerals in the area granted, the

discovery of such minerals shall be reported to the Director, Atomic

Minerals Directorate for Exploration and Research , Hyderabad and also to

the concerned Competent Authority, within thirty days from the date of

discovery of such minerals;

(b) The licensee or the lessee, as the case may be, shall not win and dispose

of such atomic minerals and the same shall be dealt within the manner

prescribed in the Rules made under section 11B;

or mining operations shall be collected and stacked separately and a report

to that effect shall be sent to the Director, Atomic Minerals Directorate for

Exploration and Research, Hyderabad and also to the concerned

Competent Authority, every three months for further action by such

licensee or the lessee, as the case may be, or in such manner as may be

directed by the Atomic Minerals Directorate for Exploration and Research.”

13. In the said rules, Form-A shall be omitted.

14. In the said rules, in Form-D the figures “16(2)” appearing after the words and

figures “See rule 9(7)” shall be omitted.

15. In the said rules, in Form-E , in part VI, after clause 5, following clauses shall be

inserted, namely:—

“ 6. The lessee shall, in addition to the rents and royalties, also pay the

contributions to the District Mineral Foundation and the Environment

Management Funds at the rates specified in the Rules.

The lessee shall also pay the additional charges at the rate of

_______ per cent of the sale price of the minerals being the amount

of additional charge bid by him in the auction.”

16. In the said rules, in Form-N, in part-VI, after clause 5, following clauses shall be

inserted, namely:—

“6.

The lessee shall, in addition to the rents and royalties, also pay the

contributions to the District Mineral Foundation and the Environment

Management Funds at the rates specified in the Rules.

The lessee shall also pay the additional charge at the rate of

Rs.______per cubic meter.

The minimum guaranteed quantity for the quarry lease shall be

_______cum per annum.”

[No. 3994–IV(MM)SM-18/2017/SM.]

By Order of the Governor

R.K. SHARMA

Principal Secretary to Government

Printed and published by the Director, Printing, Stationery and Publication, Odisha, Cuttack-10

Ex. Gaz. 251-173+200