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 mining plan approved by the competent authority under these rules;
(iii) “Competent authority” means the authority or officer appointed by the Government by notification in the Official Gazette to exercise the powers and perform the functions of the competent authority under these rules;
01[(iv) xxx]
02[(iva) xxx]
(v) “Dead rent” means a rent payable to the Government by a lessee under these rules for every year except for the first year of the period of quarrying lease from the date of execution of the lease at the rates stipulated in Schedule II of these rules or the amount of royalty payable by a lessee in one year for the quantity of the mineral removed or consumed by him from the leasehold, whichever is higher;
(vi) “Dealer” means a person other than a lessee or a quarrying permit holder under these rules who is carrying on the business of selling minor minerals mentioned in schedule I;
(vii) “Environmental Clearance” means the environmental clearance issued under the Environment (Protection) Act, 1986 (Central Act 29 of 1986) or the rules made thereunder;
(viii) “Form” means a form appended to these rules;
(ix) “Government” or “State Government” means the Government of Kerala;
03[(ix)(a) "Minor Mineral" means building stones, gravel, ordinary clay, ordinary sand other than sand used for prescribed purposes, ordinary earth and such other minerals declared as minor minerals by the Government of India.]
(x) “Movement permit” means a permit issued in Form R of these rules to a lessee who is in possession of all statutory licences required for the working of a quarry to remove minerals from the place of extraction after payment of royalty to Government and also includes a permit granted under rule 107 of these rules;
(xi) “Ordinary Earth” means ordinary earth used for filling or levelling purposes in construction of embankments, roads, railways and buildings;
(xii) “Precise area” means the area in respect of which quarrying / mining is intended to be permitted by the competent authority out of the area applied for quarrying lease / permit by the applicant;
(xiii) “Producer” means a person carrying on the business of extraction of minor minerals;
(xiv) “Public Works” means public works such as roads, public buildings, reservoirs, irrigation canals and tanks;
04[(xv) Quarrying permit” means a short term permit granted under these rules to extract minor minerals specified in item numbers 1, 2, 3 and 5 of schedule I in an area of less than 1 hectare;]
05[(xvi) "Quarrying Lease" means a mining lease granted under these rules for extraction of minerals specified in item numbers 4, 5, 6, 7, 8 and 9 of Schedule I, for a period as specified in Rule 39]
06[(xvia) “Recognised Qualified Person” means a person who possesses a certificate of recognition as a qualified person issued by the Director of Mining and Geology, Government of Kerala, for the preparation of any mining plan document for quarrying of minor minerals in the State of Kerala and also include a person who possesses a valid certificate of recognition as a qualified person, issued by Indian Bureau of Mines, to prepare such document for mining of minerals.]
(xvii) “Registered Holder” means a person in whose name the land has been registered in the revenue records;
07[(xviii)xxx]
(xix) “Schedule” means a schedule appended to these rules;
(xx) “Surface rent” means a rent payable to the Government for every year for the surface area allotted to a quarrying permit holder or a lessee under these rules at such rates not exceeding the land tax assessable on the land by the Government from time to time;
(2) Words and expressions used but not defined in these rules and defined in the Act shall have the meanings respectively assigned to them in the Act and the rules made thereunder.
01. Clause (iv) omitted by SRO 456/2023 w.e.f. 01.04.2023. Prior to omission it read as
“(iv) “Consolidated Royalty Payment System (CRP System) for granite (building stones) and laterite (building stones)” means a mode of advance payment of consolidated royalty as per Schedule IV of these rules that can be opted by a quarrying permit holder for extraction of granite (building stones)and laterite (building stones) specified in item 5 of Schedule I;”
02. Clause (iva) inserted by SRO 268/2016 and omitted by SRO 456/2023 w.e.f. 01.04.2023. Prior to omission it read as
“(iva) "Consolidated Royalty Payment System (CRP System) for granite (dimension stones) means a mode of advance payment of consolidated royalty as per schedule V of these rules that can be opted by a lessee for extraction of granite (dimension stones) specified in item 4 of schedule I.”
03. Clause (ix)(a) inserted by SRO 346/2017 w.e.f. 23.06.2017.
04. Clause (xv) substituted by SRO 346/2017 w.e.f. 23.06.2017 and further substituted by SRO 456/2023 w.e.f. 01.04.2023. Prior to SRO 456/2023 substitution it read as
“(xv) "Quarrying Permit" means a short term permit granted under these rules for a period not exceeding one year at a time to extract minerals specified in item numbers 1, 2, 3 and 5 of Schedule I;”
Prior to SRO 346/2017 substitution it read as
“(xv) “Quarrying Permit” means a short term permit granted under chapter II of these rules for a period not exceeding one year at a time to extract any minor mineral within a specified period from an area of such extent as specified in Schedule IV or in specified quantities within a specified period as sanctioned by the authorities concerned;”
05. Clause (xvi) substituted by SRO 346/2017 w.e.f. 23.06.2017. Prior to substitution it read as
“(xvi) “Quarrying Lease” means a mining lease for minor minerals granted under these rules for a period as specified in rule 39;
06. Clause (xvia) inserted by SRO 456/2023 w.e.f. 01.04.2023.
07. Clause (xviii) omitted by SRO 456/2023 w.e.f. 01.04.2023. Prior to omission it read as
“(xviii) “Registered metal crusher unit” means a unit engaged in the business of crushing granite stones into aggregates by means of mechanical devices that conform to specific jaw sizes and dimensions which has been registered with the Department of Mining and Geology and possessing valid quarrying lease;”
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