Ex-III 1(a)-(118)

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INDUSTRIES DEPARTMENT

AMENDMENTS TO THE TAMIL NADU MINOR MINERAL CONCESSION RULES, 1959.

[G.O. Ms. No. 23, Industries (MMC.1), 23rd February 2022,

2053.]

No. SRO A-4(b)/2022.

In exercise of the powers conferred by sub-sections (1) and (1-A) of section 15 of the Mines and Minerals (Development

and Regulation) Act, 1957 (Central Act 67 of 1957), the Governor of Tamil Nadu hereby makes the following amendments to

the Tamil Nadu Minor Mineral Concession Rules, 1959, namely:—

Aඕඍඖඌඕඍඖගඛ.

In the said Rules, after “SECTION–IV” the following SECTION shall be inserted, namely:—

“SECTION – IV – A

GREEN FUND.

35-A. Green Fund. —

(1) There shall be a Green Fund for every District for reclamation, restoration and rehabilitation of abandoned mines or

quarries.

(2) The Green Fund shall vest with the Reclamation, Restoration and Rehabilitation Committee, constituted under rule 35-C.

35-B. Contribution to the Fund.—

(1) Every holder of a prospecting licence or a quarry lease of any mineral shall, in addition to the seigniorage fee,

contribute to the Green Fund of the District in which the mining or quarry operations are to be done, an amount at the rate of

ten percentage of the seigniorage fee:

Provided that if the minerals are transported to a destination outside the State, the contribution to the Green Fund shall be

twenty percentage of the seigniorage fee.

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price: Rs. 1.60 Paise.

No. 118]

CHENNAI, WEDNESDAY, FEBRUARY 23, 2022

Maasi 11, Pilava, Thiruvalluvar Aandu–2053

Part III—Section 1(a)

General Statutory Rules, Notifications, Orders, Regulations, etc.,

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

35-C. Constitution of Reclamation, Restoration and Rehabilitation Committee.—

(1) Every District Collector shall constitute a Committee under his Chairmanship called as the Reclamation, Restoration

and Rehabilitation Committee (hereinafter referred to as “Committee”), with the following ex-offi cio members, namely:—

(a) The District Collector – Chairperson

(b) The Assistant Director of Geology and Mining Member-Secretary

(c) The District Forest Offi cer

(d) The Executive Engineer, Water Resources Department

(e) The District Environment Engineer, Tamil Nadu Pollution Control Board

(f) The Chief Executive Offi cer, District Disaster Management Authority

(g) The District Fire Offi cer.

35-D. Meetings of the Committee.—

(1) The Committee shall meet as often, at such time and place and observe such rules of procedure, as may be decided

by the Chairperson:

Provided that the Committee shall meet at least twice in a year.

(2) The quorum for the meeting shall be two thirds of the total members.

(3) Notice of the meeting of the Committee shall be communicated to the members at least seven days prior to the meeting by the

Member-Secretary.

35-E. Functions of the Committee.— The Committee shall,—

(i) recommend policies for the reclamation, restoration and rehabilitation and its allied activities;

(ii) manage, administer, supervise, monitor and review the expenditure of the Green Fund at regular intervals;

(iii) approve the prioritized list of the abandoned mines or quarries in the district for undertaking reclamation, restoration

and rehabilitation projects and formulate development projects in the said areas;

(iv) approve the measures or schemes for reclamation, restoration and rehabilitation suggested in the Detailed Project

Report;

(v) facilitate the promotion and better utilization of the quarried site and make inspections and investigations necessary

to ensure compliance with the provisions of these rules; and

(vi) perform such other functions, as may be directed by the Government.

35-F. Procedure for reclamation, restoration and rehabilitation.—

(1) The Member-Secretary shall prepare, examine and prioritize the list of abandoned mines or quarries in the district to

conduct detailed studies for their reclamation, restoration and rehabilitation.

(2) The Committee on approval of the lands prioritized by the Member Secretary, outsource the work to conduct detailed

study to any agency authorized by the Central or State Government in this behalf, for which the expenditure shall be drawn

from the Green Fund:

Provided that the total expenditure for outsourcing agencies per annum under this rule shall not exceed one percentage

of the total receipt of the Green Fund per annum.

(3) The outsourced Agency, after conducting necessary fi eld studies, shall submit a Detailed Project Report (DPR) containing a

plan for reclamation, restoration and rehabilitation of the abandoned mines or quarries. The Report shall contain, among others,

measures to,—

(a) facilitate better utilization of the quarried site;

(b) preserve the environment and ecology of the quarried site;

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

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(c) enable stabilization of quarry/mine slopes, dump slopes and erosion control measures;

(d) improve the soil health;

(e) augment water resources through effi cient rain water harvesting methods viz., creation of adequate water storage

structures, channels etc., for public uses;

(f) stored water into potable standards by using suitable water purifi cation techniques for supplying to the public;

(g) provide effi cient water use in agriculture including micro irrigation from the quarried pits;

(h) develop agriculture, horticulture and pisci-culture using advanced technologies viz., geo textiles, hydroponics,

terrace farming, aquaculture etc.,

(i) promote aff orestation of agro forestry and social forestry in the quarried area using native species;

(j) establish land form designs viz., parks, gardens, recreation centres, shopping centres, parking areas, water sports

facilities, play grounds, Agriculture storages/ warehousing with cold storage, mineral processing units/clusters which generate

additional income to local public as well as to the Government;

(k) facilitate reclamation, restoration and rehabilitation;

(l) convert quarried pits into dumping yards for solid wastes by adopting suitable technologies;

(m) protect the public and livestock from accidents, in the case of non-restorable deep quarries:

Provided that all such reclamation, restoration and rehabilitation plans in the report shall be prepared in such a way as

to ensure the seamless integration of the environment, ecology and land form aesthetics of the abandoned mines or quarries

with the surrounding area.

(4) The activities undertaken by the Committee shall be executed through Government Departments, Government agencies

or Public Sector Undertakings, which are authorized to perform such activities.

(5) Notwithstanding anything contained in this section, for reasons to be recorded in writing the Committee may, with the

approval of two thirds of its members, award execution of the work, to any other suitable agency, through processes such as

tender-cum-auction. In all such cases, the terms, conditions and procedures as may be applicable to execution of Government

projects, shall be followed.

(6) Technical approval and supervision of the work shall be done by the competent authority of the department concerned.

35-G. Duties of Member Secretary.—

(1) The Member-Secretary shall,—

(a) be incharge of all payments made to the Green Fund;

(b) maintain proper books of accounts, documents and records with respect to the transactions of the Green Fund;

(c) furnish a monthly consolidated statement of receipts and payments of the Green fund, to the District Collector

concerned and the Director of Geology and Mining, before the 15th day of every month.

(2) The Member-Secretary shall maintain the following, namely:—

(i) Details of Members of the Committee.

(ii) List of abandoned mines or quarries.

(iii) Monthly details of the contributions received from the lessees.

(iv) All meeting agenda, minutes and action taken reports (ATRs) of the Committee.

(v) Detailed Project Reports for each abandoned mines or quarries.

(vi) Online registry on the status of implementation of all the projects and programmes being undertaken under

Green Fund on the website, including description of work, estimated cost, name of implementing agencies, expected date of

commencement and completion of work, fi nancial and physical progress upto last quarter, etc.,

(vii) Project completion report for each abandoned mines or quarries.

(viii) Annual reports.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

36-H. The Seal of the Committee.— The Committee shall have a seal, which shall be in the custody of the

Member-Secretary.

Explanation.— For the purpose of this section, —

(a) “abandoned mines or quarries” means the mines or quarries,—

(i) which were operated and abandoned without proper reclamation; or

(ii) where no mineral has been produced despite overburden removed for a period of not less than

six months; or

(iii) the lessee or licensee has vacated the site covered by the lease without having complied with all of the

requirements of the lease or licence;

and includes such mines or quarries which were operated and abandoned prior to the coming into force of the rules

in this section:

Provided that the abandoned mines or quarries does not mean,—

(i) mines or quarries which have temporarily discontinued its operation or non-operative but have valid period of

licence or lease; or

(ii) mines or quarries which have ceased its operations and is in the process of stabilization and reclamation;

(b) “dump” means overburden and waste material displaced by excavating equipment or other methods and placed

on natural ground;

(c) “reclamation” means and includes back fi lling, stabilization measures, erosion control, top soil conservation,

aff orestation and erection of reservoir in the abandoned mines or quarries;

(d) “rehabilitation” means and includes landform construction or designing, species selection, establishment of a plant

growth medium physical amelioration, chemical amelioration, biological amelioration, fauna recolonisation and rehabilitation

management in the abandoned mines or quarries;

(e) “restoration” means and includes engineering measures, bio-engineering measures and biological measures taken

in the abandoned mines or quarries.”.

S. KRISHNAN,

Additional Chief Secretary to Government.

PRINTED AND PUBLISHED BY THE COMMISSIONER OF STATIONERY AND PRINTING, CHENNAI

ON BEHALF OF THE GOVERNMENT OF TAMIL NADU