Govt. Circular Dt. 7th December, 2020 – Department of Revenue and Forest – Sub- Guidelines for sanctioning a Mining Lease of Minor Minerals having industrial utility in Maharashtra
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Instructions in the nature of Guidelines for the sanctioning of a Mining Lease for Minor Minerals having industrial utility
Government of Maharashtra
Department of Revenue and Forest
Government Circular No:- 10/0620/Pra.Kra.147/Kha-2
Hutatma Raj Guru Chowk, Madam Cama Marg,
Mantralaya, Mumbai- 400 032
Dated:- 07/12/2020
Vide:-
[1] Government Notification in the Department of Revenue and Forest, bearing No:- GauKhaNi-10/0812/Pra.Kra.613/Kha, Dated 18/07/2013.
[2] Notification of the Central Government, Dated 10/02/2015.
[3] Government Notification in the Department of Revenue and Forest, bearing No:- GauKhaNi-10/0316/Pra.Kra.472/Kha, Dated 12/01/2018.
[4] Government Resolution in the Department of Revenue and Forest, bearing No:- GauKhaNi-10/1118/Pra.Kra.448/Kha, Dated 23/01/2019.
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Government Circular:-
Under the Notification of the Central GovernmentDated 10/02/2015, 31 major minerals have been notified as minor minerals.As per the Report of the Director of the Directorate of Geology and Mining submitted to the Government, the following Procedure is hereby fixed for sanctioning a Mining Lease for 31 minor minerals declared by the Central Government under its Notification Dated 10/02/2015, in view of the industrial utility of the minerals found in Maharashtra viz. (1) Laterite (2) Silica Sand (3) Dolomite (4) Quarts (5) Quartzsite (6) Pyrophyllite and (7) Corundum, subject to the provisions of the Maharashtra Minor Minerals (Development and Regulation) Rules, 2013:-
1. Where an application for sanctioning a Mining Lease is under the consideration of the concerned District Collector, the District Collector shall obtain a Report regarding existence of the concerned minor minerals in such area or if prospecting is already undertaken for such mineral in the said area, then he shall obtain confirmation about the existence of the concerned mineral in the relevant area or a Report to that effect, along with the opinion from the Directorate of Geology and Mining.
2. A Prospecting Scheme may be commissioned through the Directorate of
Geology and Mining to confirm the find of the aforementioned minerals and accordingly, Recommendations regarding find of the minerals shall be made to the State Government.
3. Once the State Government receives a Proposal, complete in all respects, a decision shall be taken at the level of the Government for sanctioning a Mining Lease to the Applicant, subject to his obtaining the Environmental Sanction.
4. In view of industrial utility of the aforementioned minerals, the minimum period for sanctioning a Mining Lese shall be 10 years and the said Mining Lease may be renewed for a period of up to 10 years, next. The maximum period of a sanctioned Mining Lease shall not exceed 20 years. However, wherever industrial development calls for an extension, the State Government, as the case may be, may extend this period for 10 years by recording appropriate reasons, thereof.
5. In order to achieve sufficient depth for the purpose of mining, the minimum area of a sanctioned or renewed Mining Lease should be 1 Hectare.
6. Before sanctioning a Mining Lease for the stipulated minerals, it would be necessary to obtain the Mining Plan.
7. In view of the industrial utility of all concerned minerals, as well as the prolonged period of the sanctioned Mining Lease, the powers to sanction the Mining Lease shall vest in the State Government.
8. Where a private land holder is to undertake mining in his own land, approval of the Directorate of Geology and Mining will have to be obtained for a Prospecting Report prior to sanction of the Mining Lease.
9. Government Notification Dated 12/01/2018 provides for the sanction of a Mining Lease by Public Auction in case of any land vesting in the Government or any Public Authority. Hence, if the Competent Authority has received any application for the sanction of a Mining Lease prior to 12/01/2018 and in furtherance thereof, the Applicant has received Environmental Sanction or Mining Plan or other necessary Government Permissions from the Competent Authority, then such applications shall be submitted for taking a decision at the Government level for the sanction of a Mining Lease.
10. The District Mining Officer shall scrupulously follow the aforesaid Procedure and the provisions of the Maharashtra Minor Minerals Extraction (Development and Regulation) Rules, 2013 and submit a Proposal for the sanction of a Mining Lease, complete in all respects, for the final sanction of the State Government through the Director of the Directorate of Geology and Mining.
Once the order sanctioning a Mining Lease is issued by the Government, the District Collector shall execute an Agreement in the prescribed form with the Applicant upon compliance of the Terms and Conditions.
This Government Circular has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in its Code Number is 202012081119146619. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
RAMESH SHIVAJI CHAVAN – Digital Signature
[Ramesh Chavan]
Joint Secretary to the Government
Copy:-
[1] The Principal Secretary to the Hon’ble Governor, Raj Bhawan, Malbar Hill, Mumbai (By Letter),
[2] The Additional Chief Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
[3] The Private Secretary to the Hon’ble Minister (Revenue), Maharashtra State, Mantralaya, Mumbai,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue), Maharashtra State, Mantralaya, Mumbai,
[5] Private Secretaries to all Hon’ble Ministers/Hon’ble Ministers of State, Mantralaya, Mumbai,
[6] The Hon’ble Chief Secretary, Maharashtra State, Mumbai,
[7] The Principal Chief Conservator of Forests, Maharashtra State, Nagpur,
[8] All Divisional Commissioners,
[9] All District Collectors,
[10] The Director, Directorate of Geology and Mining, Nagpur,
[11] The Director, Directorate of Ground Water Survey and Development Agency, Maharashtra, Pune,
[12] All Sub-Divisional Officers,
[13] All District Mining Officers,
[14] All Tahsildars,
[15] The Accountant General-1, Maharashtra State (Accounts & Entitlement)(Audit), Mumbai,
[16] The Accountant General-2, Maharashtra State (Accounts & Entitlement)(Audit), Nagpur,
[17] All Mantralaya Departments,
[18] All Desks in the Department of Revenue and Forest, Mantralaya, Mumbai- 400 032,
[19] Select File “Kha” Desk, Department of Revenue and Forest, Mantralaya, Mumbai- 400 032.
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[Text Translated by Adv. Prakash Manohar Chalke
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