The Kerala Minor Mineral Concession Rules, 2015
(As amended upto 31.03.2023) - RAJESH T.VARGHESE, LL.B.
മുന്കുറിപ്പ്
2015-ലെ Kerala Minor Mineral Concession Rules - ന് 2023 - ൽ ഉണ്ടായിട്ടുള്ള ഭേദഗതികൾ കോർപ്പറേഷൻ/മുനിസിപ്പൽ/ ഗ്രാമപഞ്ചായത്ത് സെക്രട്ടറിമാർക്ക് കൂടി ചട്ടങ്ങളിലെ വ്യവസ്ഥകൾ പ്രകാരം ചുമതല നൽകുന്നതാണ്. ഇപ...
CHAPTER I : PRELIMINARY
1. Short title and commencement
(1) These Rules may be called the Kerala Minor Mineral Concession Rules, 2015. (2) They shall come into force at once.
2. Definitions
(1) In these rules unless the context otherwise requires,— (i) “Act” means the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957); (ii) “Approved Mining Plan” means a mi...
CHAPTER II : GRANT OF QUARRYING PERMITS IN RESPECT OF LANDS IN WHICH MINERALS OR MINERAL RIGHT BELONG TO GOVERNMENT
3. Grant of quarrying permit
(1) On application made to it the competent authority under these rules may grant a quarrying permit to any Indian National to extract any minor mineral, 01[other than the minerals specified in ite...
4. Application for quarrying permit
(1) An application for a quarrying permit shall be made in Form A and shall contain the following particulars, namely :- (a) name, address, profession and nationality of the applicant; (b) name ...
5. Application fee
(1) Every application for a quarrying permit shall be accompanied by a fee of one thousand rupees for all minor minerals. (2) The amount of fee shall be remitted in any of the State Government tre...
6. Acknowledgement of application
(1) Where an application for the grant or renewal of quarrying permit is delivered personally, its receipt shall be acknowledged forthwith, in Form C. (2) In all other cases, the receipt of such ...
06[7. Payment of Royalty
Every applicant for a quarrying permit shall pay royalty in advance to Government at the rate specified in schedule1.The applicant shall pay royalty in advance for the entire quantity of mineral pr...
8. Letter of intent to an applicant for a quarrying permit
On receipt of an application for a quarrying permit with all requisite contents and particulars thereof prescribed in these rules but without having the statutory licences required to be obtained f...
9. Disposal of application for the grant of quarrying permit
(1) On receipt of the application for grant of quarrying permit for undertaking quarrying operations, the competent authority shall make site inspection and take decision regarding the precise area...
10. Conditions on which quarrying permit shall be granted
Every quarrying permit, except for ordinary earth, under rule 9 shall be granted subject to the following conditions, namely:— (a) the depth of the pit below surface shall not exceed 6 metres exc...
18[11. Movement permits and its register
The permit holder shall be granted movement permit in Form M of the Kerala Minerals (Prevention of Illegal Mining, Storage and Transportation) Rules, 2015 for removal of minor minerals from the are...
19[12. Renewal of quarrying permit
In cases where the permitted quantity of mineral could not be extracted from the precise area under permit within the permitted period, such quarrying permit may be renewed once for the extraction ...
20[13. Financial guarantee
(1) Before applying for movement permit under a quarrying permit for the first time, every quarrying permit holder of granite (building stone) or laterite (building stone) shall furnish a financial...
# 14. Quarrying Permit for Ordinary earth
(1) A quarrying permit under these rules shall be obtained for extraction 21[and transportation] of ordinary earth used for filling or levelling purposes in construction of embankments, roads, rail...
15. Removal of overburden by a quarrying permit holder
A person who has obtained quarrying permit under these rules for extraction of minerals other than ordinary earth may extract overburden from the area under the permit without obtaining a quarrying...
16. Cancellation of quarrying permit
If the Government or competent authority under these rules has reason to believe that a permit was obtained by way of submission of any false documents or in contravention of provisions of any othe...
17. Compensation for damage
The permit holder shall pay reasonable compensation as may be assessed by any lawful authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be ...
18. Classification of granite and other crystalline rocks
The different varieties of granite and other crystalline rocks are classified as - (i) Dimension stones which include all types of granites, dolerite, charnockite, leptynite and other crystalline ...
19. Preferential right in granting of quarrying Permits
Where two or more persons have applied for a quarrying permit in respect of the same land, the applicant whose application was received earlier shall have a preferential right for the grant of the ...
CHAPTER III : GRANT OF QUARRYING PERMITS IN RESPECT OF LANDS IN WHICH MINERAL RIGHT VESTS WITH PRIVATE PERSONS
CHAPTER IV : GRANT OF QUARRYING PERMIT IN RESPECT OF LANDS IN WHICH THE MINERAL RIGHTS VEST PARTLY IN GOVERNMENT AND PARTLY IN PRIVATE PERSONS
CHAPTER V : GRANT OF QUARRYING LEASES IN RESPECT OF LANDS IN WHICH THE MINERAL OR MINERAL RIGHT VESTS IN GOVERNMENT
25. Applicability of the chapter
The provisions of this chapter shall apply only to the grant of quarrying leases in respect of lands in which the minor minerals vest exclusively in the Government.
26. Restrictions on the grant of quarrying leases
Quarrying leases under this chapter shall be granted only to Indian Nationals: Provided that a quarrying lease may be granted by the Government to a person who is not an Indian National with the ...
27. Application for grant of quarrying lease
(1) An application for grant or renewal of a quarrying lease shall be made to the competent authority in Form ‘B’; (2) Every such application shall be accompanied by,— 01[(a) Copy of PAN card, ...
28. Application fee for quarrying lease
(1) Every application for grant of quarrying lease shall be accompanied by a fee of 10,000 (Rupees Ten Thousand only) for all minor minerals except for dimension stones as specified under these rul...
29. Acknowledgement of application
The procedure for receipt and acknowledgement of application for grant or renewal of quarrying lease is as provided for in rule 6.
30. Application for renewal of quarrying lease
(1) Every application for the renewal of a quarrying lease shall be made at least three months before the date on which the lease is due to expire. (2) Documents to be attached to and the fee presc...
31. Preferential right of certain persons
(1) Where two or more persons have applied for quarrying lease in respect of the same land the applicant whose application was received earlier shall have preferential right for the grant of the le...
32. Payment of royalty by a lessee
(1) The holder of a quarrying lease which is granted on or after the commencement of these rules shall pay royalty in respect of any mineral removed by him from the land in respect of which the lea...
33. Disposal of application for the grant or renewal of quarrying lease
06[(1) On receipt of an application for quarrying lease with all requisite contents and particulars thereof prescribed in these rules but without having the statutory licences required to be obtain...
34. Refund of application fee
Where an application for the grant or renewal of a quarrying lease is refused under rule 33 or the applicant refuses to accept the lease on account of any conditions imposed under these rules or an...
35. Length and breadth of area leased
Except in case of a quarrying lease for sand or Kankar the length of an area held under a quarrying lease shall not exceed four times its breadth.
36. Boundaries below the surface
The boundaries of the area covered by a quarrying lease shall run vertically downwards below the surface towards the centre of the earth.
37. Restriction on the area of quarrying lease
(1) The area under the quarrying lease shall be a contiguous unit and shall not be less than one hectare: Provided that in the case of renewal of quarrying lease the restrictions in minimum area ...
38. Survey and demarcation of precise area approved for grant of lease
(1) On receipt of communication regarding the precise area under rule 55, the applicant shall make arrangements for the survey and demarcation by erection of boundary pillars of the said area by th...
39. Period of quarrying lease
(1) The minimum period for which a lease may be granted shall be five years. (2) The maximum period for which a lease may be granted shall be 09[fifteen] years. (3) In the case of renewal of a ...