The Kerala Minor Mineral Concession Rules, 1967 KMMC Rules 1967 .pdf · Transfer of assignment ... Act, 1957, Central ... - These rules may be called the Kerala Minor Mineral Concession

The Kerala Minor Mineral Concession Rules, 1967

Department of Mining and Geology, Government of Kerala

June 2010

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Page 1

Contents CHAPTER 1 .................................................................................................................................................... 8

PRELIMINARY ............................................................................................................................................ 8

1. Short title .......................................................................................................................................... 8

2. Commencement and extent ............................................................................................................. 8

3. Definitions ......................................................................................................................................... 8

CHAPTER II .................................................................................................................................................... 9

GRANT OF QUARRYING PERMITS IN RESPECT OF LANDS IN WHICH MINERALS BELONG TO

GOVERNMENT .......................................................................................................................................... 9

5. Application for quarrying permit .................................................................................................... 10

6. Application fee:- .............................................................................................................................. 12

7. Acknowledgement of application ................................................................................................... 12

8. Conditions on which quarrying permit shall be granted ................................................................ 12

9. Restrictions relating to grant of quarrying permits ........................................................................ 14

CHAPTER III ................................................................................................................................................. 14

GRANT OF QUARRYING PERMIT IN RESPECT OF LANDS IN WHICH A MINERALS BELONG TO A PRIVATE

PERSON ................................................................................................................................................... 14

10. Grant of quarrying permit ............................................................................................................. 14

11. Duties of the grantor ..................................................................................................................... 14

12. Prohibition of working of quarries ................................................................................................ 14

CHAPTER IV ................................................................................................................................................. 15

GRANT OF QUARRYING PERMIT IN RESPECT OF LANDS IN WHICH THE MINERALS VEST PARTLY IN

GOVERNMENT AND PARTLY IN PRIVATE PERSONS ................................................................................ 15

13. Chapter II to apply to quarrying leases in respect of lands in which minerals vest partly in

Government and partly in a private person ....................................................................................... 15

14. Duty of landholder to prove his share in mineral rights ............................................................... 15

CHAPTER V .................................................................................................................................................. 15



Page 2

GRANT OF QUARRYING LEASE IN RESPECT OF LANDS IN WHICH THE MINERALS VEST IN THE

GOVERNMENT ........................................................................................................................................ 15

15. Applicability of the chapter ........................................................................................................... 15

16. Restrictions on the grant of quarrying leases ............................................................................... 15

17. Payment and rate of royalty ......................................................................................................... 16

18. Application for grant of quarrying lease and its renewal ............................................................. 16

19. Acknowledgement of application ................................................................................................. 17

20. Preferential right of certain persons ............................................................................................. 17

21. Disposal of application for the grant and renewal of quarrying lease .......................................... 17

23. Refund and forfeiture etc. ............................................................................................................ 17

24. Length and breadth of area leased ............................................................................................... 18

25. Boundaries below the surface ...................................................................................................... 18

26. Restriction on the area of quarrying lease .................................................................................... 18

27. Survey of the area leased .............................................................................................................. 18

28. Period of quarrying lease .............................................................................................................. 18

29. Conditions of quarrying lease ....................................................................................................... 18

30. Rights of lessee ............................................................................................................................. 23

31. Security Deposit ............................................................................................................................ 23

32. Lease to be executed within three months .................................................................................. 24

33. Registration of quarrying leases ................................................................................................... 24

34. Transfer of quarrying lease ........................................................................................................... 24

35. Rights to determine the lease ....................................................................................................... 24

36. Registers ........................................................................................................................................ 24

37. Pending application for quarrying lease ....................................................................................... 24

CHAPTER VI ................................................................................................................................................. 25



Page 3

PROCEDURE FOR OBTAINING QUARRYING LEASE IN RESPECT OF LAND THE MINOR MINERALS IN

WHICH VEST IN PERSON OTHER THAN STATE GOVERNMENT ............................................................... 25

38. Applicability of this chapter .......................................................................................................... 25

39. Grant of quarrying permit and restrictions thereto...................................................................... 25

40. Conditions of quarrying lease ....................................................................................................... 25

41. Registration of quarrying lease ..................................................................................................... 26

42. Submission of copy of quarrying lease order by the .................................................................... 26

43. Submission of copy of the lease deed........................................................................................... 26

44. Transfer of assignment ................................................................................................................. 26

45. Communication of transfer of assignment ................................................................................... 26

46. Prohibition of working of quarries ................................................................................................ 26

47. Returns and statements ................................................................................................................ 26

CHAPTER VII ................................................................................................................................................ 26

GRANT OF QUARRYING LEASE IN RESPECT OF LAND IN WHICH THE MINERALS VEST PARTLY IN

GOVERNMENT AND PARTLY IN PRIVATE PERSONS ................................................................................ 26

48. Chapter V to apply to quarrying leases in respect of minerals which vest partly in Government

and partly in private persons .............................................................................................................. 26

CHAPTER VII A ............................................................................................................................................. 27

STOCKING AND SELLING OF MINOR MINERALS...................................................................................... 27

48A. Licence for a dealer ..................................................................................................................... 27

48B. Form and manner of application for a licence and its renewal .................................................. 27

48C. Form and particulars of licence .................................................................................................. 28

48 D. Licensing .................................................................................................................................... 28

48E. Display of licence ......................................................................................................................... 28

48F. Maintenance of Records and production of the same for inspection ........................................ 28

48G. Furnishing of statement of accounts by a dealer ....................................................................... 29

48 H. Loss of Licence ........................................................................................................................... 29



Page 4

48 I. Cancellation of a licence ............................................................................................................. 29

48 J. Period of licence ......................................................................................................................... 29

48L. Checking of unauthorized dealing in minor mineral ................................................................... 29

48 M. Extraction and sale at different places ..................................................................................... 30

48 N. Inspection and Verification of Stock held by (Quarrying Permits, Quarrying Lease and Dealer's

licence holders) the producers and dealers ........................................................................................ 30

48 O. Checking of accounts of the producer and dealer .................................................................... 30

CHAPTER VII B ............................................................................................................................................. 30

CONSOLIDATED ROYALTY ....................................................................................................................... 30

48P. Payment of consolidated royalty ................................................................................................ 30

48Q. Form and manner of applications for registered metal crusher unit ........................................ 31

48 R. Form and particulars for the grant of registration of registered metal crusher unit ................ 31

48 S. Licensing ..................................................................................................................................... 31

48 T. Display of license of a registered metal crusher unit ................................................................. 31

48 U. Loss of license of registered metal crusher unit ........................................................................ 32

48 V. Cancellation of license of registered metal crusher unit ........................................................... 32

48 W. Period of license of registered metal crusher unit ................................................................... 32

48 X. Cash bills of registered metal crusher unit ................................................................................ 32

CHAPTER VIII .............................................................................................................................................. 32

APPEAL AND REVIEW .............................................................................................................................. 32

49. Form of appeal .............................................................................................................................. 32

50. Orders on appeal ........................................................................................................................... 33

51. Review ........................................................................................................................................... 33

52. Opportunity of being heard .......................................................................................................... 33

53. Stay orders .................................................................................................................................... 33

CHAPTER IX ................................................................................................................................................. 34



Page 5

MISCELLANEOUS ..................................................................................................................................... 34

54. Power to rectify apparent mistakes .............................................................................................. 34

57. (1) Quarrying for domestic or agricultural purposes .................................................................... 34

58. Penalties ........................................................................................................................................ 35

59. Cognizance of offence ................................................................................................................... 36

60. Offences by companies ................................................................................................................. 36

61. Role of Police ................................................................................................................................. 37

62. Delegation of powers .................................................................................................................... 37

63. Repeal ........................................................................................................................................... 37

FORMS ......................................................................................................................................................... 38

FORM A ................................................................................................................................................... 38

Application for Quarrying Permit ............................................................................................................ 38

FORM B ................................................................................................................................................... 40

Application for Grant/Renewal of Quarrying Lease ................................................................................ 40

FORM C ................................................................................................................................................... 43

Income-tax Clearance Certificate ............................................................................................................ 43

FORM D ................................................................................................................................................... 45

Receipt of application for quarrying permits/quarrying lease or renewal of quarrying lease in respect

of Minor Minerals ................................................................................................................................... 45

FORM E .................................................................................................................................................... 45

Notice ...................................................................................................................................................... 46

FORM F .................................................................................................................................................... 46

Monthly return of Extraction of Minor Mineral ..................................................................................... 47

FORM G ................................................................................................................................................... 47

Annual Statement of minor minerals obtained, labour employed, etc. ................................................. 48

FORM H ................................................................................................................................................... 48



Page 6

Quarrying Lease ...................................................................................................................................... 49

FORM I .................................................................................................................................................... 53

Register of Application for Quarrying Lease ........................................................................................... 53

FORM J .................................................................................................................................................... 54

Register of Quarrying leases/Renewals .................................................................................................. 54

FORM K ................................................................................................................................................... 55

Application for Grant/Renewal of Dealer's License ................................................................................ 55

FORM L .................................................................................................................................................... 56

Dealer's Licence ...................................................................................................................................... 56

FORM M .................................................................................................................................................. 57

Register showing purchase and sale of minor minerals to be maintained by a Dealer ......................... 57

FORM N ................................................................................................................................................... 58

Stock Register to be maintained by a Dealer .......................................................................................... 58

FORM O ................................................................................................................................................... 58

Monthly return to be submitted by the Dealer to the competent authority ......................................... 58

FORM P ................................................................................................................................................... 59

CASH MEMORANDUM ............................................................................................................................ 59

FORM Q ................................................................................................................................................... 60

Form of Appeal Memorandum ............................................................................................................... 60

Form R ..................................................................................................................................................... 61

Application for Grant/Renewal of Registration as "Registered Metal Crusher Unit”. ............................ 61

Form S ..................................................................................................................................................... 62

Registration as Registered Metal Crusher Unit....................................................................................... 62

FORM T .................................................................................................................................................... 63

Application for Grant/Renewal of Quarrying Permit Under the Consolidated Royalty Payment System

for Granite/Laterite, Building Stone Quarry. .......................................................................................... 63



Page 7

FORM-U ................................................................................................................................................... 64

Quarrying Permit Granted/Renewed Under Consolidated Royalty Payment System for the Extraction

of Granite/Laterite Building stone .......................................................................................................... 64

SCHEDULES .................................................................................................................................................. 66

SCHEDULE I.............................................................................................................................................. 66

Rates of Royalty ...................................................................................................................................... 66

Schedule II ............................................................................................................................................... 67

DEAD RENT .............................................................................................................................................. 67

SCHEDULE III............................................................................................................................................ 67

Fees for Dealers' Licence and its Renewal .............................................................................................. 67

Schedule IV .............................................................................................................................................. 68

Consolidated Royalty .............................................................................................................................. 68

SCHEDULE V ............................................................................................................................................ 68

Consolidated Royalty .............................................................................................................................. 68



CHAPTER 1 Page 8

1THE KERALA MINOR MINERAL CONCESSION RULES, 1967

In exercise of the powers conferred by subsection (i) of section 15 of the Mines and Minerals

(Development and Regulation) Act, 1957, Central (Act 67 of 1957) and all other powers enabling it in this

behalf the Government of Kerala hereby make the following rules for regulating the extraction of minor

minerals in the State of Kerala namely:

PRELIMINARY

1. Short title :- These rules may be called the Kerala Minor Mineral Concession Rules, 1967.

2. Commencement and extent:- These rules shall come into force with effect from the date of

their publication in the official 2Gazette and shall apply to all lands in the State of Kerala.

3. Definitions:- 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) "Section" means a section of the Act.

(iii) "Government" or "State Government" means the Government of Kerala;

(iv) "Competent authority" means the authority or officer appointed by the State, Government

by notification in the Gazette to exercise the powers and perform the functions of the

competent authority under these rules;

2[(ivA) Consolidated Royalty payment system (CRP system) means quarries of Granite/Laterite

building stone opted for payment of consolidated royalty per annum @ specified in schedule V]

(v) "Quarrying permit" means a permit granted under Chapter II of these rules to extract and

remove any minor mineral in specified quantities and within a specified time;

(vi) "Quarrying lease" means a mining lease" for minor minerals;

(vii) "Form" means a form appended to these rules;

1 Published in K.G. No.49 dt. 12·12·1967; Notification No.15203/E2/63/1D/Dt.24.11.1967as SR0 364/67

2 Inserted by SRO 27012008 pub. in K.G.Ex.No 509 dt 12·3·2008 (GO (P) No.2/2008)



CHAPTER II Page 9

(viii) "Schedule" means a schedule appended to these rules;

(ix) "Registered holder" means a person in whose name the land has been registered;

3[ixA "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 duly registered with the Department of Mining and Geology and

possessing valid quarrying lease or permit, as the case may be, on payment of Consolidated

Royalty at the rates specified in Schedule IV.]

(x) "public works" means roads, public buildings, reservoirs irrigation canals, village paths and

tanks;

(xi) "railway" and "railway administration" shall have the meanings respectively assigned to

them in the Indian Railways Act, 1890 (9 of 1890)

(xii) "producer" means a person carrying on the business of extracting/collecting minor minerals

in accordance with the provisions of these rules;

(xiii) "dealer" means a person carrying on the business of selling minor minerals mentioned in

schedule 1 of these rules, whether wholesale or retail;

(xiv) words and expressions used but not defined in these rules shall have the meanings

respectively assigned to them in the Act and the rules made there under.

GRANT OF QUARRYING PERMITS IN RESPECT OF LANDS IN WHICH MINERALS

BELONG TO GOVERNMENT 4[4.(1) Grant of quarrying permit :- On application made to it the competent authority or an officer

authorised by it in this regard may grant a quarrying permit to any Indian National to extract and

remove from any specified land within the limits of its jurisdiction any minor mineral 5[except for

dimension stones as specified in Rule 8A] not exceeding 10,000 tones in quantity under one permit, on

payment of such royalties in advance as the competent authority or the officer concerned may fix on the

basis of the rates specified in schedule I and also on payment in advance of such surface rent and cesses

as may be assessable on the lands:

Provided that the competent authority or the officer authorised by it in this regard may reduce the

quantity applied for or refuse to grant such permit for reasons to be recorded in writing.

3 Inserted by SRO 152/2008 pub. in K.G.Ex.No 509 dt 19-3-2002 with immediate effect

4 Renumbered by SRO 685/92

5 1nserted by G.O.(Ms) 83 192IlDdt.3-6-1992 pub. in.K. G. Ex. No. 667 dt.3-6-1992 as SRO 685/92.



CHAPTER II Page 10

Provided further that in the case of quarrying of ordinary clay for the manufacture of tiles, bricks

earthen ware and potteries the royalty on the mineral will be payable by the manufacturing Industry on

the basis of actual consumption of the mineral during the calendar year.

6 [(IA) In respect of application of person opted under consolidated royalty payment system, the permit

shall be valid for one year from the date of issue within the respective area granted under the above

system. The senior geologist/Geologist of the District office of the department Mining and Geology in

their respective area are duly authorised to grand / renew the quarrying permit under consolidated

royalty Payment system as per Schedule V. On expiry of Form 'P' granted for a stipulated period, if the

Consolidated Royalty Payment system holder requires additional Form 'P', it shall be issued on payment

of Rs.5,000 (five thousand only) per 100 'P' Forms or multiples of the said amount subject to a maximum

of 1000 'P' Forms].

(2) In respect of dimension stones as specified in rule 8A, the quantity under one permit shall be limited

to 500 cubic metre.

5. Application for quarrying permit:- (I) 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 and quantity of the minor mineral for which the permit is required;

(c) description such as, location, survey number etc. of the lands from which the minor mineral

is to be extracted and removed;

(d) Purpose for which the minor mineral is to be used.

(2) Every application for a quarrying permit shall be accompanied by an attested copy of the survey map

of the area attested by an officer not below the rank of a 7[Tahsildar or Deputy Tahsildar

(Headquarters).] The area shall be coloured red in the map.

(3) Every application for a quarrying permit shall if the lands from which the minor mineral is to be

extracted are occupied lands, be accompanied by a letter from the occupant of such lands to the effect

that he has no objection to the extraction of the minor mineral by the applicant:

Provided that in the case of an application for brick earth, ordinary clay for the manufacture of tiles,

bricks etc, the quarrying permit will be granted without such letter if the applicants undertake/s that it

shall be produced before the competent authority or an officer authorised by it in this regard before

conducting actual quarrying or collection of minor minerals from the lands.

6 Inserted by SRO 270/2008 dt 2-1-2008. 7 Substituted by Noti No 8062/G3/74/1D. dt 29-3-1974.



CHAPTER II Page 11

(4) Every application shall be accompanied by a certified copy, certified by an officer not below the rank

of a 8(Tahsildar or Deputy Tahsildar (Headquarters)] of the relevant extracts from the record of rights in

respect of the lands from which the minor mineral is proposed to be extracted and removed.

9[(5) Every application for grant of quarrying permit in respect of minor minerals mentioned in item 2 of

schedule I appended to these rules should be accompanied by a No Objection Certificate from the

District Collector concerned:

Provided that an application for obtaining permission for digging up of or renovation of ponds or wells

or tanks and for stagnant water bodies in patta lands in order to store water for irrigation, agriculture,

pisciculture (aquaculture) or for such other purpose where extraction of ordinary clay and/or sand is

necessary the No Objection Certificate Stipulated in this rule is not mandatory but shall be accompanied

by a certificate from the Agricultural Officer or Officer in charge of Marine Products Export Development

Agency or Department of Fisheries or Village Officer or local authority concerned to the effect that the

applicant is in need of digging up of or renovation of ponds or wells or tanks or in need of renovation of

stagnant water bodies in patta land in order to store water for irrigation or agriculture or pisciculture

(aquaculture purposes) as the case may be:

Provided further that in case of application for extraction of ordinary clay from the lands specified in

Government Orders issued from time to time in this regard, production of No Objection Certificate from

the District Collector is not mandatory.

10[5(a) In the case of application for quarrying permit under Consolidated Royalty Payment System, the

application shall be made in Form -T in duplicate along with possession and Enjoyment certificate and

survey map of the area duly attested by an officer not below the rank of a Village Office.

Provided as (a), (b), (c) and (d), the applicant is not the land owner, consent letter shall be submitted in

stamp paper worth Rs. 50 from the land owner].

11[(6) Every application for grant of quarrying permit in respect of minor miners mentioned in item 2 of

Schedule I appended to these rules shall be accompanied by a financial security in the form of bank

guarantee from any Nationalized / Scheduled bank at the rates fixed by Public Works Department for

the purpose of reclamation of pits to be formed in the applied area after quarrying:

Provided further that in the case of application for obtaining permission for digging up of or renovation

of ponds or wells or tanks or for renovation of stagnant water bodies in order to store water for

irrigation or agriculture or pisciculture (aquaculture) purposes or for such other purposes where

extraction of ordinary clay and /or sand is necessary, conditions stipulated in this rule shall not apply.]

8 Substituted by Noti No 8062/G3/74/1D. dt 29-3·1974. 9 Inserted by SRO No. 256/2009 and later substituted b y SRO No.255/2010

10 Inserted by SRO 270/2008.

11 Inserted by SRO No. 256/2009 and later substituted b y SRO No.255/2010



CHAPTER II Page 12

6. Application fee:- (1) The application shall be accompanied by a fee of 6[Rs. 200 (Rupees to

hundred only) for all minor minerals except for the dimension stones as stated in Sub-rule (IA) below]

12[(IA) Every application for quarrying permit in respect of dimension stones as specified in rule 8 A shall

be accompanied by a fee of Rs. 5000 (Rupees Five thousand only)]

(2) The amount of fee shall be remitted in any of the State Government treasuries to the credit of the 13[Department of Mining and Geology under relevant receipt head of account of the Department] and

the treasury receipted chalan shall be attached to the application.

7. Acknowledgement of application:- (1) The receipt of an application for, quarrying permit shall

be acknowledged in form D within three days of the receipt of t the application;

(2) The officer receiving such application shall enter on it the date on which and the hour at which the

application has been received by him.

8. Conditions on which quarrying permit shall be granted:-(1) Every quarrying permit

granted under rule 4 shall be subject to the following conditions, namely:-

14 [XXX] 15[(a) that the depth of the pit below surface shall not exceed 20 ft.]

16 [(a) that the permit shall be valid only for a maximum period of one year by which time the

specified quantity of the mineral shall be quarried and removed;

(b) that the permit holder shall not be eligible for refund of any of the amount paid by way of

royalty rents, etc;

(c) that the permit holder shall furnish to the competent authority or the officer authorised by

him in this regard a monthly return in form 'F' regarding the mineral quarried and removed from

the area. He shall also permit inspection of the area by the officers concerned at any time and

shall give satisfactory proof as to the quantity of mineral quarried and removed.

(d) that the quarrying permit holder shall apply for a quarrying lease in case he desires to

continue quarrying from the area for a period of more than one year, provided he is able to

satisfy all the necessary conditions laid down in the chapter dealing with quarrying leases:

17[Provided further that if the competent authority is satisfied that the renewal of a quarrying

permit already granted lapsed is absolutely necessary and inevitable he may renew the same for

a further period of one year at a time, subject to the conditions and rules applicable to grant of

12

Added by ibid and substituted by G.O (Ms) 121/93/ID dt. 27-9-93 pub. in K.G.. Ex. No: 1037 dt.1-1-93. 13

Substituted by Noti .No. 33191/K2/841/D dt. 1-2-1985 pub.in.K.G . No.i2 dt.19-3-85 as SRO 371/85 14

Deleted by SRO 270/2008. Before it ran as "(a) that the depth of the pit below surface shall not exceed 20 ft; ". 15

Deletion of this rule as per SRO 270/2008 has been stayed by GO (P)590/08/ID dated 17.6.08 16

Renumbered by SRO 270/2008 17

Added by Not. No. 8062/G3/74/lD dt. 29/3/1974



CHAPTER II Page 13

quarrying permits and in that case the fees for the renewal of the quarrying permit shall be the

same as that of fee applicable to quarrying permit.]

18[(e) Quarrying permit holder shall have the right for the purpose of the quarrying to use any

mechanical devices including jackhammer and pump.]

(2) Every quarrying permit granted under rule 4 shall be subject to such other conditions as the

competent authority or the officer granting the permit, as the case may be, may deem necessary in

regard to the following matters, namely:-

(a) Compensation for damage to the lands covered by the permit. For this purpose the permit

shall be granted only after payment of such compensation as may be fixed by the Tahsildar,

provided that in the case of lands belonging to private persons such fixation of compensation

shall be made by a revenue officer not below the rank of Tahsildar only when there is

disagreement between the land-owner and the applicant.

(b) felling of trees;

(c) restriction of surface operations in any area prohibited by any authority;

(d) entering and working in any reserved or protected forest;

(e) reporting all accidents;

(f) indemnity to Government against claims of third parties;

(g) forfeiture of property left after cancellation of the permit.

(3) In case of breach of any of the conditions subject to which the permits is granted, the competent

authority or the officer authorised by him in this regard, under instructions from the competent

authority may cancel the permit and the fact intimated in writing to the permit holder. On cancellation

of the permit, the quarried materials lying on the land from which they are extracted shall become the

absolute property of the Government. In such an event, all the royalties and rents paid in advance or

part thereof that may stand to the credit of the permit holder shall also be forfeited to Government.

19[8A Classification of granite and other crystalline rocks:- The different varieties of granite

and other crystalline rocks are classified as (i) Dimension stones which included all types of granites,

dolerite, charnockite, leptynite and other crystalline rocks of Acid, Intermediate, basic and ultra basic

groups of igneous and metamorphic origin which are suitable for cutting to pre-determined sizes,

polishing, carving and amenable for making value-added products in decorative monumental and

ornamental fields of industry as a high-value item and (ii) all those group of rocks specified above in sub

¬item (1) which are not suitable for using as dimension stones as specified therein, but can be used as

18

Inserted by SRO 270/2008 19

Added by SRO 685/92



CHAPTER III Page 14

ordinary building stones, road metal, rubble and ballasts after breaking into irregular pieces by blasting

or otherwise as low value item with different rates of royalty, dead rent.

Note:-Indulgence of quarrying or raising a high value item of dimension stone with the permit! lease

taken for ordinary low value items of granite and other crystalline rocks attract provisions of Rule 58,

besides the permit/lease is liable for cancellation without any notice.]

9. Restrictions relating to grant of quarrying permits :-

20[XXX]

21(1) 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

permit over the applicant whose application was received later provided the earlier application satisfies

all the conditions laid down in these rules.

[(2) The area granted under a quarrying permit shall be a contiguous unit.]

GRANT OF QUARRYING PERMIT IN RESPECT OF LANDS IN WHICH A MINERALS

BELONG TO A PRIVATE PERSON

10. Grant of quarrying permit:- On application made to him in form ‘A', a private person in whom

is vested the minerals rights in the lands owned by him may grant a quarrying permit to any Indian

National to extract and remove from a specified land any minor mineral not exceeding 10,000 tonnes in

quantity under one permit under the same conditions as specified in Chapter II under which the

competent authority or the officer authorised by him in that regard may grant a quarrying permit in

respect of lands in which the minerals vest in Government.

11. Duties of the grantor:- The private person who may grant a quarrying permit under rule 10 shall

submit to the competent authority or any officer empowered by him in this regard an attested true copy

of the permit issued by him to any person, within 30 days of its grant.

12. Prohibition of working of quarries:- If the state Government or competent authority has

reason to believe that the grant of a quarrying permit is in contravention of any of the provisions of this

Chapter, the State Government or the competent authority may, after giving the parties an opportunity

of being heard, direct the parties concerned not to undertake any quarrying operations in the area to

which the permit relates.

20

Deleted By SRO 270/2008 21

Renumbered by ibid



CHAPTER IV Page 15

GRANT OF QUARRYING PERMIT IN RESPECT OF LANDS IN WHICH THE MINERALS

VEST PARTLY IN GOVERNMENT AND PARTLY IN PRIVATE PERSONS

13. Chapter II to apply to quarrying leases in respect of lands in which minerals vest

partly in Government and partly in a private person:-The provisions in Chapter II shall apply in

relation to grant of quarrying permit in respect of lands in which minerals vest partly in Government and

partly in a private person. Provided that the royalty, surface rent and cesses, if any, payable shall be

shared by the Government and by the private person in proportion to the shares they have in the

minerals.

14. Duty of landholder to prove his share in mineral rights :- In granting the quarrying permit

the competent authority shall treat the land as land in which the mineral vest in Government and issue

permit to extract the specified quantity of the mineral. Provided that if the private person is able to

produce valid documentary proof to show his share in the royalty, surface rent, and cesses, if any,

during the currency of the permit, the competent authority shall after getting a clearance certificate

from the concerned Revenue Authorities make arrangements to pay him his share from the collection

already made from the quarrying permit holder:

Provided further that where the applicant for the quarrying permit is the private person and where he

produces along with the application valid documentary proof in regard to his share in the mineral rights,

the competent authority shall, after getting clearance certificate from the concerned Revenue

authorities, and after collecting the Governments share in the royalty, surface rent, and cesses, if any,

issue the permit.

GRANT OF QUARRYING LEASE IN RESPECT OF LANDS IN WHICH THE MINERALS

VEST IN THE GOVERNMENT

15. 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 State

Government.

16. Restrictions on the grant of quarrying leases :- Quarrying leases under this chapter shall be

granted only to the Indian Nationals:

Provided that a quarrying lease may be granted by the state Government to a person who is not an

Indian National with the previous approval of the Central Government.



CHAPTER V Page 16

17. Payment and rate of royalty :- (l) The holder of a mining lease 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 lease has been granted at the rates specified in schedule 1 in respect of the

mineral.

22[(l A) The holder of quarrying lease for Granite Building Stone may opt for the Consolidated Royalty

Payment System as per schedule V provided the leaseholder is not having metal crusher unit].

[2] The State Government, by notification in the Official Gazette, amend the schedule 1, so as to

enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from

such date as may be specified in the notification.

18. Application for grant of quarrying lease and its renewal :-[I] The application for the grant

of 23[quarrying lease or] renewal of a quarrying lease shall be made to the competent authority in form

'B'

24[( IA)] Every application for grant of quarrying lease or renewal of quarrying lease in respect of

dimension stones as specified in the classification in rule 8A shall be accompanied by a fee of Rs. 10,000

(Rupees Ten Thousand only)].

(2) Every such application shall be accompanied by.¬

[a] a fee of 25[Rupees One Thousand for all minor minerals, except dimension stones] and

[b] an income-tax clearance certificate in form 'C' from the income-tax officer concerned.

26[(c)] The applicant should indicate in their application their plan for waste disposal and the

area provided for the same.]

27[(d)] The applicants also should indicate their plan of reclamation, and plans for minimizing

the adverse environmental and ecological impacts due to degradation of land and destruction of

scenic beauty.]

28[Note:. Non compliance of any of the conditions stipulated above is liable for rejection of the

application without any refund of application fee.]

(3) The amount of the fee shall be deposited in such state government treasury to the credit of the

particular department, as government may by special order specify in this behalf, and the treasury

receipted chalan shall be attached to the application.

22



Added by SRO 685/92. Substituted by GO (Ms)165/94/ID dt. 1.8.94 and substituted by SRO 264/97 wef 1.4.1997 25

Substituted by SROs 371/85, 179/89,685/92 and 264/97 wef 1.4.95 26

Added by SRO 685/92 27


Added by SRO 685/92



CHAPTER V Page 17

[4] 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.

19. Acknowledgement of application :- [1] Where an application for the grant or renewal of

quarrying lease is delivered personally, its receipts shall be acknowledged forthwith.

[2] In all other cases, the receipt of such application shall be acknowledged in form "D" within three days

of the receipt,

[3] The Officer receiving such application shall enter on it the date on which and the hour at which the

application has been received by him.

20. 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 lease over an applicant whose application was received later.

[2] The state government or the competent authority may, for special reasons to be recorded. grant a

quarrying lease to an applicant whose application was received later in preference to an applicant

whose application was received earlier.

[3] Where the area is large enough, the State Government or the competent authority may divide the

area into blocks keeping in view of the size and shape conducive to economic mining and give the

applicant whose application was received earlier such of the blocks as he may select.

21. Disposal of application for the grant and renewal of quarrying lease :- [I] On receipt of

an application for the grant or renewal of a quarrying lease the competent authority, on making such

enquiries as is found necessary, may sanction the grant or renewal of quarrying lease to the applicant or

refuse to sanction it.

[2] An application for the grant of a quarrying lease shall be disposed of within six months from the date

of its receipt.

[3] An application for the renewal of a quarrying lease shall be disposed of within three months from the

date of its receipt.

[4] If any application is not disposed of within the period specified in sub-rule (2) or sub-rule (3), it shall

be deemed to have been refused.

Reason for refusal to be recorded:-Where the competent authority passes any order refusing to grant or

renew a quarrying lease, the reason thereof shall be communicated in writing to the person against to

whom such order is passed, within 30 days of the date of the order.

23. Refund and forfeiture etc. :- Where an application for the grant or renewal of a quarrying

lease is refused or deemed to have been refused under rule 21 or the applicant refuses to accept the



CHAPTER V Page 18

lease on account of any conditions imposed under rule 29, the fee paid by the applicant under clause (a)

of sub-rule [2] of rule 18 shall be refunded to him.

24. 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: Provided that

in case of bedded deposits, the length shall not be more than twice the breadth measured along the dip.

25. 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.

26. Restriction on the area of quarrying lease :- [1] The area granted under the quarrying lease

shall be a contiguous unit.

[2] No lessee shall ordinarily hold in the aggregate more than 2 square kilometers of area under lease in

respect of one minor mineral within the state of Kerala.

27. Survey of the area leased :- In the case of un-surveyed lands and in cases where, the area is

not bounded by the boundary or boundaries of existing survey numbers, arrangements shall be made at

the expense of the lessee for the survey and demarcation of the area granted under the lease. In all

other cases, copy of the survey map of the area attested by the local Revenue authority not below the

rank of a Tahsildar or Assistant Director of the Department of Survey and land Records shall be accepted

as sufficient document to specify the area.

28. Period of quarrying lease :- [1] The period for which a quarrying lease may be granted29 [for all

minor minerals except for dimension stones] shall not exceed 30[12 years] except in the case of 31[a

quarrying lease for ordinary clay granted to the] cement manufactures in which case the maximum

period shall be 20 years. The quarrying lease may be renewed for one or two periods not exceeding the

period for which the quarrying lease was originally granted.

32[(1A) In respect of dimension stones as specified in classification under sub-item (I) in Rules 8A the

lease period shall not exceed 10 years for those who establish cutting and polishing units within the

State involving investment not less than a crore of rupees. In other cases, the lease period shall not

exceed 3 years or for a quantity of 2000 cubic metres whichever event comes earlier, with provisions to

renew the lease in deserving cases]

(2) When renewal is granted, dead rent, royalty and surface rent shall be charged at the rates in force at

the time of renewal.

29. Conditions of quarrying lease :- [1] Every quarrying lease shall be subject to the following

conditions, and such conditions shall be incorporated in every quarrying lease deed¬-

29


Substituted by Notification No. 8062/G3/74/ID dt. 29.3.1974 31

Substituted by GO (Ms) 102/68 dt.11.3.1968 32

Added by SRO 685/92



CHAPTER V Page 19

(a) The lessee shall report to the authority who has sanctioned the lease, the discovery in the

leased area of any mineral not specified in the lease within 15 days of such discovery;

(b) If any mineral not specified in the lease is discovered in the leased area, the lessee shall not

win or dispose of such mineral unless a separate lease is obtained therefore under the relevant

rules and if he fails to apply for such a lease within six months from the discovery of the mineral

the State Government may grant a lease in respect of such minerals to any other person;

(c) The lessee shall pay to the State Government royalty on any mineral moved out of the quarry

hold at the rates specified in schedule I as may be fixed by the State Government from time to

time.

33[provided that in the case of quarrying leaseholder, those who opt for consolidated royalty payment

system, need to rent the amount prescribed in the higher slab of the schedule V. i.e., Rs. 1,00,000 per

annum]

(d) The lessee shall pay the State Government for every year, except the first year of lease such

yearly dead rent within the limits specified in schedule II. as may be fixed from time to time by

the State Government. Where the lease permits the working of any mineral, the lessee shall be

liable to pay dead rent or royalty in respect of that mineral whichever be higher in amount but

not both:

Provided that where the lease permits the working of more than one mineral in the same area, the

lessee shall be liable to pay dead rent or royalty in respect of each mineral subject to the restriction

mentioned above in respect of any mineral:

Provided further that where the quarrying of one mineral involves the quarrying of any other mineral or

minerals and lease permits the working of such other mineral or minerals also the lessee shall be liable

to pay dead rent for only one mineral the highest dead rent being payable for this purpose in lieu of the

combined royalty, if the latter is less than the former.

(e) The lessee shall also pay to the State Government for the surface area used by him for the

purpose of mining operations surface rent at such rate as may be specified in the lease, but not

exceeding the land revenue and cesses assessable on the land from time to time;

(f) The lessee shall not employ in connection with the mining operations any persons who are

not an Indian National except with the previous approval of the State Government or the

competent authority;

(g) Unless the State Government or the competent authority for sufficient cause permit or

permits otherwise the lessee shall commence mining operations within three months from the

date of execution of the lease and shall thereafter conduct such operations in a proper, skillful

and workman like manner.

33

Inserted by SRO 270/2008



CHAPTER V Page 20

Explanation:- For the purpose of this clause mining operations shall include the erection of machinery,

laying of a tramway or construction of a road in connection with the working of the mine:

(h) The lessee shall at his own expense erect and at all times maintain and keep in good repair

boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to

the lease.

(i) The lessee shall not carryon, or allow to be carried on any mining operations at any point

within a distance of 75 metres from any railway line, except under and in accordance with

written permission of the railway administration or from any bridge on National Highway or 50

metres from any reservoir, tanks, canals, roads, bridges, other public works, residential

buildings, the boundary walls of places of worship, burial grounds or burning ghats, except

under and in accordance with the previous permission of the State Government or the

competent authority. The railway administration or the State Government or the competent

authority may in granting such permission impose such conditions as may be found necessary.

Provided that except in cases of sand no mining operations shall be carried on within 50 metres of any

river bank.

(j) The lessee shall keep correct accounts showing the quantity and other particulars of all minor

minerals obtained from the mine, date wise, quantities of despatches from the lease hold, the

price obtained for such minerals, the name of the purchasers, the receipts for money received,

the number of persons employed therein, and shall allow any officer authorised by the State

Government or the competent authority in this behalf to examine at any time any accounts and

records maintained by him and shall furnish the State Government or the competent authority

with such information and returns as may be required.

(k) The lessee shall keep accurate records of all trenches and pits made by him in the course of

quarrying operations carried on by him under the lease, and shall allow any officer authorised by

the State Government or the competent authority to inspect the same. Such records shall

contain the following particulars namely:-

(i) The sub-soil and strata through which such trenches or pits or drillings pass;

(ii) any mineral encountered

(iii) Such other particulars as the State Government or the competent authority may,

from time to time, require

(I) The lessee shall support and strengthen, to the satisfaction of the railway administration

concerned or the State Government or the competent authority, as the case may be, any part of

the quarry which in its or their opinion requires such strengthening or support for the safety of

any railway, reservoir, canal, road or any other public works or buildings;



CHAPTER V Page 21

(m) The lessee shall allow any officer authorized by the State Government or the competent

authority and the Central Government to enter upon any building, excavation or land comprised

in the lease for the purpose of inspecting the same;

(n) The lessee shall give to:

(i) The Chief Inspector of Mines, Government of India, Dhanabad;

(ii) The Director, Indian Bureau of Mines, Government of India, Nagpur;

(iii) The District Magistrate of the district in which the mine is situated;

notice in writing in form 'E' appended to these rules, as soon as:-

(a) the workings in the mine extent below superjacent ground; or

(b) the depth of any open cast excavation measured from its highest to the lowest point

reaches 6 metres; or

(c) the number of persons employed on any day is more than 50; or

(d) any explosives are used;

(o) the State Government or the competent authority shall at all times have the right of pre-

emption of the minor minerals won from the land in respect of which the lease has been

granted;

Provided that the fair market price prevailing at the time of pre-emption shall be paid to the lessee for

all such minor minerals;

(p) the lessee shall;

(i) Submit by the tenth day of every month, to the competent authority, a return in form

F giving the total quantity of minor minerals raised in the preceding calendar month and

its value;

(ii) furnish by the 15th April of every year to the competent authority, a statement in

form G giving information regarding quantity and value of minor minerals obtained

during the last financial year, average number of labourers employed (men and women

separately), number of accidents, compensation paid and number of days worked

separately;

34[(pp) The lessee shall be responsible for implementing the provisions of the various

labour laws applicable, from time to time, to the quarry.

34

Inserted by Noti. No. 1901/K2/82/ID dt. 25-3-1983, pub. In K.G. No 23-6-1983 as SRO 7261/83



CHAPTER V Page 22

(ppp) the lessee shall not assign, sub-let or transfer his lease or any right, title or interest therein

to any person without the previous sanction in writing of the State Government or competent

authority as provided in rule 34.

(pppp) where any lease or any right, title or interest therein has been, assigned, sublet or

transferred as provided in clause (ppp), then the person in whose favour such assignment,

sublease or transfer has been made shall be responsible for implementing the provisions of the

various labour laws applicable, from time to time, to the quarry]

(q) a quarrying lease may contain such other conditions as the State Government

or the competent authority may deem necessary in regard to the following matter, namely:-

(i) the time limit, mode and place of payment of rents and royalties for this purpose

minerals shall be moved from the quarry hold only on permits issued by the competent

authority on the basis of prepaid royalty;

(ii) the compensation for damage to the land covered by the lease;

(iii) the felling of trees;

(iv) the restrictions of surface operations in any area prohibited by any authority;

(v) the notice by lessee for surface occupation;

(vi) the facilities to be given by the lessee for working other minor minerals in the leased

area or adjacent areas;

(vii) the entering and working in a reserved or protected forest;

(viii) the securing of pits and shafts;

(ix) the reporting of accidents;

(x) the indemnity to the State Government against claim of third parties;

(xi) the delivery of possession over lands and mines or the surrender, expiration or

determination of the lease;

(xii) the forfeiture of property left after determination of lease;

(xiii) the power to take possession of plant, machinery, premises and mines in the event

of war or emergency;

(xiv) the provision of proper weighing machines.

(1) (a) If the lessee does not allow entry or inspection under clause (i) or (j) or (I) of sub rule (i), the State

Government or the competent authority shall give notice in writing to the lessee requiring him to show



CHAPTER V Page 23

cause within 30 days why the lease should not be determined and his security deposit forfeited, and if

the lessee fails to show cause within the aforesaid period to the satisfaction of the State Government or

the competent authority they or it may determine the lease and forfeit the whole or part of the security

deposit.

(b) If the lessee makes any default in payment of dues to the State Government or commits breach of

any of the conditions other than those referred to in clause (a) the State Government or the competent

authority shall issue notice to the lessee requiring him to pay the dues or remedy the breach, within 30

days from the date of receipt of the notice and if the payment is not made or the breach is not remedied

within such period, the State Government or the competent authority may without prejudice to any

proceeding that may be taken against him, require the lessee to pay a penalty not exceeding an amount

equivalent to five times the annual dead rent.

(c) A quarrying lease may contain any other special conditions as may be specified by the State

Government.

30. Rights of lessee :- Subject to the conditions mentioned in rule 29 the lessee with respect to the

land leased to him, shall have the right for the purpose of mining operations on that land.

(a) to work the mines

(b) to sink pits and shafts and construct building and roads;

(c) to erect plant and machinery;

(d) to quarry and obtain buildings and road materials and make bricks, but not for sale;

(e) to use water and take timber;

(f) to use land for stacking purposes;

(g) to do any other thing specified in the lease

31. Security Deposit :- [1] An applicant for quarrying lease shall before the deed referred to in rule

32 is executed, deposit as security a sum of 35[one thousand rupees for all minor minerals except

dimension stones] only for the due observance of the terms and conditions of the lease. .

[2] 36[In the case of dimension stones in rule 8A the security deposit shall be Rs. 10,000 [Rupees Ten

thousand only] per hectare. The security amount shall be refundable on the expiry of period of lease

after deducting penalties if any]

[3] The security deposit shall be remitted to the credit of the State Government to the remittance head

of account as the Government may by special order specify in this regard.

35

Substituted by SRO 685/92 36

Added by SRO 685/92, pub. in KG Ex.No. 667 dt.3.6.1992



CHAPTER V Page 24

32. Lease to be executed within three months :- [1] Where a quarrying lease is granted, a lease

deed in form H shall be executed within three months of the order or within such further period as the

State Government or the competent authority may allow in this behalf, and if no such lease deed is

executed within the said period due to any default on the part of the applicant, the State Government or

the competent authority may revoke the order granting the lease, and in that event the application fee

shall be forfeited to the State Government.

[2] The date of commencement of the period for which a quarrying lease is granted shall be the date on

which the deed is executed under sub-rule [1]

33. Registration of quarrying leases :- All quarrying leases granted under this chapter shall be

registered in accordance with the provisions of the Indian Registration Act, 1908 (Central Act 16 of 1908)

34. Transfer of quarrying lease :-The lessee may with the previous sanction of the State

Government or the competent authority assign, subject or transfer his lease or any right title or interest

therein to any person on payment of a fee of one hundred rupees to the State Government provided he

has paid all the outstanding dues to Government.

3734A [Responsibility for implementing the labour laws :-The lessee shall be responsible for

implementing the provisions of the various labour laws applicable, from time to time. to the quarry;

Provided that where the lease or any right, title or interest therein has been assigned, sublet or

transferred as provided in rule 34, then the person in whose favour such assignment, sub-lease or

transfer has been made shall be responsible for implementing the provisions of the various labour laws

applicable, from time to time, to the quarry ].

35. Rights to determine the lease :-The lessee may determine the lease at any time by giving not

less than six months’ notice in writing to the State Government or the competent authority after paying

all outstanding dues to the State Government.

36. Registers :-[1] A Register of applications for quarrying leases shall be maintained by the

competent authority in Form 'L'

[2] A Register of quarrying lease shall be maintained by the competent authority in form 'J'

37. Pending application for quarrying lease :-Applications for the grant or renewal of the

quarrying leases pending at the commencement of these rules shall be disposed of in accordance with

the provisions of these rules.

37




CHAPTER VI Page 25

PROCEDURE FOR OBTAINING QUARRYING LEASE IN RESPECT OF LAND THE

MINOR MINERALS IN WHICH VEST IN PERSON OTHER THAN STATE

GOVERNMENT

38. Applicability of this chapter :- The provisions of this chapter shall apply to the grant of

quarrying leases in respect of lands, the minor minerals in which vest exclusively in a person other than

the State Government.

39. Grant of quarrying permit and restrictions thereto :- On an application made to him in

form B, a private person in whom is vested the mineral right in the lands owned by him may grant a

quarrying lease to any person subject to the restrictions specified below:

(i) No quarrying lease shall be granted to any person unless he produces along with his application in

form B an income tax clearance certificate in form 'C' from the Income Tax Officer.

(ii) No quarrying lease shall be granted to any person who is not an Indian National.

Provided that a quarrying lease may be granted to a person who is not an Indian National with the

previous permission of the State Government. The State Government shall obtain the approval of the

Central Government before granting and permission.

40. Conditions of quarrying lease :- Every quarrying lease shall be subject to the following

conditions, namely:

(i) the provisions of clauses (b) to (p) of rule 29 relating to conditions of quarrying lease shall apply to

such leases with the modification that in clauses (c), (d) and (p) for

the words "State Government", the word "lessor" shall be substituted and in clause (p) the words

"competent authority" shall be omitted.

(ii) the provisions of rule 24 shall apply to such leases;

(iii) the lease may contain such other conditions not being inconsistent with the provisions of the Act

and these rules, as may be agreed upon between the parties;

(iv) if the lessee makes any default in payment of royalty or commits a breach of any of the conditions of

the lease, the lessor shall give notice to the lessee requiring him to pay the royalty on remedy the

breach, as the case may be, within thirty days from the date of the receipt of the notice and if the

royalty is not paid or the breach is not remedied within such period, the lessor without prejudice to any

proceeding that may be taken against the lessee determine the lease;



CHAPTER VII Page 26

(v) the lessee may determine the lease at any time by giving not less than three months' notice in

writing to the lessor;

41. Registration of quarrying lease :- All quarrying leases granted under this chapter shall be

registered in accordance with the provisions of the Indian Registration Act, 1908 (Central Act 16 of

1908).

42. Submission of copy of quarrying lease order by the lessor :- Every lessor granting a

quarrying lease shall, within one month of the grant of the lease, submit to the State Government or the

competent authority a copy of the lease order.

43. Submission of copy of the lease deed :-The lessee obtaining a quarrying lease , shall, within

one month of the date of registration of the lease deed, submit to the State Government or the

competent authority a registered copy of the lease deed.

44. Transfer of assignment :- No quarrying lease shall be transferred to a person unless he be an

Indian National and holds an Income Tax clearance certificate in form "C" from the Income Tax officer

concerned.

45. Communication of transfer of assignment :- Every transferee or assignee of a quarrying

lease shall within 30 days of such transfer on assignment inform the State Government or the

competent authority of the transfer or assignment and submit to the State Government or the

competent authority one registered copy of the agreement entered into in that regard.

46. Prohibition of working of quarries :- If the State Government or the competent authority has

reason to believe that the grant or transfer of quarrying lease is in contravention of any of the provisions

contained in this chapter, the State Government or the competent authority may, after giving the

parties an opportunity to represent their views within a specified period, direct the parties concerned

not to undertake any quarrying operations in the area to which the lease relates.

47. Returns and statements :-The -holder of a quarrying lease shall furnish to the State

Government or the competent authority such information and statements within such period as may be

required by them on it, as the case may be.

GRANT OF QUARRYING LEASE IN RESPECT OF LAND IN WHICH THE MINERALS

VEST PARTLY IN GOVERNMENT AND PARTLY IN PRIVATE PERSONS

48. Chapter V to apply to quarrying leases in respect of minerals which vest partly in

Government and partly in private persons :-The provisions contained in Chapter V shall apply in



CHAPTER VII A Page 27

relation to the grant of quarrying leases in respect of minor minerals which vest partly in the

Government and partly in a private person, as they apply in relation to the grant quarrying lease in

respect of minor minerals which vest exclusively in the Government:

Provided that the dead rent and royalty payable in respect of minor minerals which partly vest in the

Government and partly in a private person shall be shared by the Government and by the private person

in proportion to the shares they have in the minor minerals. If the applicant or the land owner is not

able to produce valid documents to prove the land owner's share in the mineral rights, the quarrying

lease shall be granted treating the mineral as belonging exclusively to the Government.

Provided further that the land owner shall be given a registered notice to this effect and granted a

period of three months or any extension of period as the State Government or the competent authority

may grant, to produce such documents. In such an event, the State Government or the competent

authority shall waive the condition in rule 32 and allow sufficient time for the execution of the lease

deed.

38

STOCKING AND SELLING OF MINOR MINERALS

48A. Licence for a dealer :- No person, other than a quarrying permit or a quarrying lease holder,

shall stock, sell or offer for sale any minor minerals mentioned in schedule 1 in any place in the state,

except under a dealer's licence issued under the seal and signature of the competent authority, if

Government have issued no notification to that effect in the case of any minor mineral in the whole

state or in any particular area.

48B. Form and manner of application for a licence and its renewal :- (a) Every application

for dealer's licence shall be made to the competent authority in Form 'K'

(b) Every such application shall be accompanied by:

39[(i) a treasury receipted chalan for the amount of fee at the rates shown in Schedule III of the rules;

remitted under the relevant receipt head of the Department] 40[***]

(ii) a location map showing the exact location of the sales Depot (Survey No and other details of the

place on which such a Depot is situated).

41[(iii) a consent letter from the owner/person in possession of the property in which the sales depot is

situated, in case the property is not possessed by the applicant himself].

38

Chapter VII A added by Noti. No. 5642/G3/73/ID dt. 24.4.1974 39

Substituted by SRO 371/85 pub. in KG no. 12 dt. 19.3.85 40

Omitted by SRO 57/83




(c) Every application for renewal of dealer's licence shall be made, at least one month before the date

on which the licence is due to expire, accompanied by a Treasury Chalan for the fee at the rate shown in

schedule III, remitted in the Departmental Head of Account 42[and a consent letter from the owner

/person in possession of the property in which the sales depot is situated, in case the property not

possessed by the applicant himself.]

48C. Form and particulars of licence :- (1) On receipt of an application for the grant of a dealer's

licence or for its renewal the competent authority after making such enquiry as it thinks fit may grant or

renew a licence in form 'L' or refuse to grant a licence.

(2) Every licence issued under sub-rule (1) shall be subject to such conditions and restrictions as may be

specified therein and to the provisions of the Act and Rules.

(3) Every licence issued under sub-rule (1) shall show therein the name of minor minerals and it~

varieties authorised to be sold or to be offered for 'sale by the dealer and the particulars of the premises

where the minor minerals are stocked for sale.

48 D. Licensing :- Grant or refusing. -In granting or refusing a dealer's licence under sub-rule (1) of

rule 48-C the competent authority shall take into consideration the following matters, namely:

(i) The sales depot for any minor mineral owned by any co-operative society in the locality;

(ii) The number of licenced dealers selling the minor mineral in the area.

(iii) The number of workers engaged in the work relating to the minor mineral burning in the locality and

their requirements;

(iv) Availability of the minor mineral of the kind required for sale;

(v) General demand for the minor mineral and

(vi) 'Demand for agricultural purpose in the locality_

48E. Display of licence :- Every dealer shall display the licence granted to him under sub-rule (1) of

rule 48-C in a prominent place in a part of the premises open to the public

48F. Maintenance of Records and production of the same for inspection :- A Dealer shall

maintain in Form 'M' a record of all purchases and sale effected by him of each minor minerals showing

the particulars of the source and quantity of purchase and of the persons to whom sold and a stock

register in Form 'N' and such other records. If any, as the competent authority may specify and such

records shall be open to inspection by the competent authority or of any other person authorised in this

behalf by the competent authority.

41

Inserted by Noti. No. 43112/K2/82/ID dt. 18.1.1983, pub. in K.G.Ex. No.64 dt.18.1.1983 as SRO 57/83 42

Added by SRO 57/83




48G. Furnishing of statement of accounts by a dealer :- Every dealer shall within seven days

of the dose of each month submit to the competent authority a return in Form '0' of the total purchase

and sale effected by him during the month. Separate statement of accounts shall be furnished for each

minor mineral if the dealer is having licences for more than one minor mineral.

48 H. Loss of Licence :- A true copy of the dealer's licence may be issued to the dealer on payment

of 43[one hundred rupees] if the competent authority is convinced that the original licence is damaged,

defaced or lose.

48 I. Cancellation of a licence :- If a dealer fails to comply with any of the conditions of the licence

or any of the provisions of the Act, Rule or orders in this regard, the competent authority may by an

order in writing rescind the licence issued under these Rules.

48 J. Period of licence :-The period of a dealer's licence shall be for the financial year for which it is

granted and the period shall expire on the 31st March every year unless it is rescinded by the competent

authority earlier. Provided that a dealer's licence granted in the last quarter of a financial year shall be

valid until the 31st day of March of the year next following.

44[48K. Cash Memorandum :- Every dealer or producer under these Rules, while selling minor

minerals shall give to the purchaser a cash memorandum in Form-P prepared in duplicate duly with seal

and signature of the competent authority or any other officer duly authorised in this behalf and every

purchaser, owner, driver, and the person in charge of any vessel, vehicle, etc., it shall produce the Cash

Memorandum at the time of inspection and verification as required by the competent authority or by

any other person authorised by the competent authority or Government in this behalf. Any consignment

of minor mineral without a valid cash memorandum shall be considered as illicit and the competent

authority or such authorised person may recover the minor mineral from the person and also seize the

receptacles in which the same is found and the carts, vehicles or other conveyances used in carrying the

same. The date and time on each Form 'P' issued shall be entered in words and figures by the dealer or

producer at the time of despatch of the consignment.

Provided that the owner/driver and the person in charge of any "Vessel", vehicle shall cause it to stop

and to remain stationary so long as it may do so by any officer of the department of Mining and Geology

or Police or any other person duly authorized by the Government or the competent authority in that

behalf for the purpose of making any recovery under this rule].

48L. Checking of unauthorized dealing in minor mineral :- Any person who possesses any

minor mineral for consumption or for sale or consumed or sold any minor mineral shall if so required

produce sufficient proof to the competent authority or to any other person authorized in this behalf by

the competent authority or the

43

Substituted by Noti. No. 2571/K2/88/ID dt. 24.1.1989 pub in KG Ex. No. 95 dt. 28.1.1989 as SRO 147/89 and SRO 685/92 44

Substituted by SRO No. 270/2008



CHAPTER VII B Page 30

Government, to the effect that the minor mineral had been purchased from any duly authorized

producer or dealer as the case may be. If he fails to produce sufficient proof to that effect the

competent authority or such authorised person n1ay recover the minor mineral or where such mineral

has already been disposed of or conslul1ed, the price thereof and also recover from the person the

royalty or tax and fine, if any imposed.

48 M. Extraction and sale at different places :- (1) Every permit or lease holder shall at all time

during the term of the permit or lease keep or cause to be kept at an office to be situated upon or very

near the area allotted or leased correct and accurate books of accounts which shall contain accurate

entries required by the competent authority such as the quantity of minor mineral daily extracted,

consumed quantity sold to whom sold, price, cash memorandum No: etc.

(2) The store or the depot of the producer of the dealer should be situated adjacent to the office. The

location of such office and the depot should be intimated to the competent authority before the

extraction or purchase of the mineral. If the location of the office or the sales depot is to be changed or

to be maintained away from the area allotted or leased the previous written permission of the

competent authority shall be obtained.

48 N. Inspection and Verification of Stock held by (Quarrying Permits, Quarrying Lease

and Dealer's licence holders) the producers and dealers :- The holders of quarrying permit,

quarrying lease and dealer's licence shall allow any Police Officer not below the rank of Sub-Inspector,

the competent authority, or any other person authorised by the competent authority or the

Government in this behalf, to enter with or without notice any premises where minor minerals are

stocked and to inspect, check and verify the stock of them.

48 O. Checking of accounts of the producer and dealer :- The producer/dealer shall afford all

facilities for the checking of his accounts and verify the stock of minor minerals and shall furnish fully

and correctly any information in his possession, as may be required for the purpose of the Act and Rules.

45

CONSOLIDATED ROYALTY

48P. Payment of consolidated royalty :-46 [( 1) Notwithstanding anything contrary contained in

any other provisions of these rules, a holder of registered metal crusher unit for production of metals of

various size from granite building stones, who is in possession of quarrying lease or permit, as the case

may be, shall opt to pay consolidated royalty at the rates specified in Schedule IV instead of paying

royalty at the rates specified in Schedule 1].

45

Chapter VII B inserted by SRO 152/2002 pub. in K.G. Ex.No. 275 dt.19-3-2002 with immediate effect. 46

Renumbered by SRO 38/2008



CHAPTER VII B Page 31

47 [(2) the consolidated royalty specified in schedule IV may be remitted in two half yearly installments

commencing from April and October respectively]

48Q. Form and manner of applications for registered metal crusher unit :- (a) Every

application for registration of metal crusher unit shall be made to the competent authority or to the

persons authorised in this behalf in Form R.

(b) Every such application shall be accompanied by.

(i)a treasury receipted chalan for the amount of fee at the rates shown in Schedule IV remitted

under the relevant receipt head of the Department of Mining and Geology.

(ii) A location map showing the exact location of the registered crusher unit (Survey No. and

other details of the place on which such a depot is situated)

(c) Every application for renewal of registration shall be made at least one month before the date on

which the license is due to expire, accompanied by a treasury receipted chalan for the fee at the rate

shown in Schedule IV remitted under the relevant receipt head of the Department of Mining and

Geology. The renewal of the registration shall be granted only to those of the crushers having a valid

mineral concession such as quarrying lease or quarrying permit.

48 R. Form and particulars for the grant of registration of registered metal crusher unit

:- (1) On receipt of an application for the grant of registration of a metal crusher unit or its renewal, the

competent authority after making such enquiry as it deems fit may grant or renew a registration in Form

S or refuse to grant a registration.

(2) Every registration issued under sub-rule (1) shall be subjected to such conditions and restrictions as

may be specified therein and to the provisions of the Act and rules.

48 S. Licensing :- Grant or refusal to register metal crusher unit: -In granting or refusing license to a

metal crusher unit under sub-rule (1) of rule 48R the competent authority shall take into consideration

the following matters, namely:

(i) The request for registration owned by any co-operative society in the locality possessing valid

mineral concession such as quarrying lease or permit.

(ii) The number of registered metal crusher unit in the area.

(iii) Availability of the granite building stones for crushing.

48 T. Display of license of a registered metal crusher unit :- Every registered metal crusher

unit shall display the registration granted to him under sub-rule (1) of rule 48 R in a prominent place of

the premises open to the public.

47

Inserted by ibid



CHAPTER VIII Page 32

48 U. Loss of license of registered metal crusher unit :- A true copy of the registration may be

issued to the registered metal crusher unit on payment of one hundred rupees if the competent

authority is convinced that the original registration is damaged defaced or lost.

48 V. Cancellation of license of registered metal crusher unit :- If a registered metal crusher

unit fails to comply with any of the conditions of the registration or any of the provisions of the Act,

Rules, Orders in this regard, the competent authority may, by an order in writing rescind tile registration

issued under these rules.

48 W. Period of license of registered metal crusher unit :- The period of registration shall be

for the financial year for which it is granted and the period shall expire on the 31st march every year

unless the competent authority rescinds it earlier.

48 X. Cash bills of registered metal crusher unit :- The owner or agent of a registered metal

crusher unit shall cause to issue cash bill on every consignment despatched from the premises of the

registered metal crusher unit showing therein the registration number allotted by the competent

authority together with the details of remittance of consolidated royalty, duly authenticated by the

competent authority or the persons authorized in his behalf.]

48[48Y. Cash memorandum for despatch of granite building stone from a registered

metal crusher unit :- The owner or agent of a registered metal crusher unit shall issue a valid cash

memorandum for every consignment despatched from the crusher unit in Form 'P' of these rules duly

authenticated by the competent authority or the persons authorized in this behalf as stipulated in rule

48 K]

49

APPEAL AND REVIEW

49. Form of appeal :-[1] [a] Any person aggrieved by any order made by the competent authority or

authorised officer, as the case may be under these rules, may, within two months from the date of

communication of the order to him, prefer an appeal in form 'Q' to the Appellate Authority appointed by

the State Government in this behalf by notification in the Gazette.

[b] Any person aggrieved by an order of the Appellate Authority under clause

48


Substituted by notification no. 20944/G3/69/ID dt.25.5.1978



CHAPTER VIII Page 33

[a] may, within one month from the date of communication of such order to him, prefer a second

appeal in form 'Q' to the final Appellate Authority appointed by Government in this behalf by

notification in the Gazette.

Provided that any such appeal, under clause (a) or clause (b), may be entertained after the period

specified therein of the appellant satisfies the appellate Authority or Final Appellate Authority, as the

case may be, that he had sufficient cause for not making the appeal in time.

(c) Every appeal memorandum, under clause (a) and clause (b) shall be accompanied by the treasury

receipt showing that a fee of 50[Rs.500 (Rupees Five hundred only)] has been remitted in the

Government Treasury to the credit of the State Government under the remittance Head of the

Department of Mining and Geology

(2) In every appeal memorandum, under sub-rule (1) the authority against whose order the appeal is

preferred shall be impleaded as a party.

(3) Along with the appeal memorandum under sub-rule (1) the appellant shall submit as many copies

thereof as there are parties impleaded under sub-rule (2)

(4) On receipt of the appeal memorandum and the copies thereof the Appellate Authority or the Final

Appellate Authority, as the case may be, shall send a copy of the appeal memorandum to each of the

parties impleaded under sub-rule (2) specifying a date on or before which he may make his

representatives if any, against the appeal

50. Orders on appeal :- where an appeal is made under clause (a) or clause(b) of sub rule (1) of rule

49, the Appellate Authority or the Final appellate authority, as the case may be, may confirm modify or

set aside the order or pass such other order in relation there to as it may deem just and proper. The

order passed by the Final Appellate Authority shall be final and binding on the parties.

51. Review :-The competent authority or the appellate authority in case its order s have not been

challenged in appeal under clause (a) or clause (b) of sub-rule (1) of rule 49, as the case may be, or the

final Appellate Authority may, on its own motion or an application by the interested party, review any

order passed by it and pass such orders in reference thereto as it may deem fit.

52. Opportunity of being heard :- No order under rule 50 and 51 shall be passed against any

person interested, unless he has been given 'a reasonable opportunity of being heard.

53. Stay orders :-Pending the final disposal of an appeal, second appeal or review the Competent

Authority, appellate authority or the final appellate authority, may, as the case may be for be for

sufficient cause, stay the execution of the order against which appeal, second appeal or review has been

made.

50

Substituted by SRO 264/97 wef 1.4.1994



CHAPTER IX Page 34

MISCELLANEOUS

54. Power to rectify apparent mistakes :- The State Government or the competent authority

may, at any time within one year from the date of the order passed by them or it under these rules on

its own motion rectify any mistake or error which had been brought to its notice by an applicant for the

grant of a quarrying lease:

Provided that no such rectification having or purporting to have a prejudicial effect on another applicant

for the grant of the quarrying lease shall be made unless the State Government or the competent

authority, as the case may be, have or has given such applicant notice of their or its intention to do so

and have allowed him reasonable opportunity of being heard.

Relaxation of rules in special cases: -In any cases of class of cases in which the State Government or the

competent authority are or is of the opinion that public interest so requires, they or it may grant a

quarrying lease on the terms and conditions other than those prescribed in these rules. .

Disposal of minor minerals by Public auction in certain cases: Notwithstanding anything contained in the

foregoing provisions, the State Government or the competent authority may sell by public auction or

otherwise dispose of the right to remove any minor minerals in which cases or classes and on such terms

and conditions as they or it may deem fit.

57. (1) Quarrying for domestic or agricultural purposes :- (a) 51[In cases of leveling of ground

for construction of residential building, creation of playground for public purpose, construction of

canals, wells, roads or for agricultural and such other purposes where extraction of minor mineral is

inevitable, the State Government may grant special permit, on terms and conditions, that it may specify,

other than those prescribed in these rules on the basis of an application by interested parties along with

a sworn affidavit in this regard in stamp paper worth Rs. 50. They shall be exempted from obtaining

quarrying permit or quarrying lease and payment of royalty for removing of minor minerals. This

concession shall be limited to a quantity of mineral, the royalty for which according to item No. 4 of

scheduled I rate does not exceed Rs. 5,000. For quantities exceeding this limit royalty at the scheduled

rates should be paid.]

(b) Quarrying of minor minerals by any person, firm, association or company for other than bona fide

domestic or agricultural purpose without a valid quarrying permit or quarrying lease shall be treated as

illicit mining and shall be an offence under these rules.

51

Substituted by SRO No. 259/2009



CHAPTER IX Page 35

(2) Quarrying for Public Purposes: - (a) 52[Quarrying of minor minerals from Government owned lands

including Porambokes, by Panchayats and Municipalities, for bona fide public purposes; as long as the

work is done under direct supervision shall be exempt from the obligation of obtaining a quarrying

permit or quarrying lease. But they shall pay royalty for all minor minerals extracted by them at the

rates prescribed in Schedule 1 except minerals falling under item 2 of that schedule. The royalty shall be

paid to such remittance head as the Government may by special order prescribe in this regard and shall

be paid before the 10th of the succeeding month to which the royalty relates.]

Before quarrying minor minerals under this sub-rule the concerned Panchayats and Municipalities shall

intimate the competent authority of their intention to conduct quarrying from any locality. In the case of

Poramboke lands and reserve forests, the written permission of the District Collector and the

Conservator of Forests respectively shall be produced.

Note: A Government Department quarrying minor minerals for Departmental work from Government

owned land including poramboke for bona fide public purposes as long as the work is done under direct

supervision of the Government Department, shall be exempted from obtaining a quarrying permit or

quarrying lease and payment of· royalty for removing minor minerals.

53 [(b) A contractor in the employ of any Panchayat or Municipality shall not be eligible for concession on

royalty Payments even if the mining is done in Government owned lands. He shall pay the royalty on the

mineral mined by him at the rates specified in schedule 1. But such a contractor shall be exempt from

obtaining quarrying permit or quarrying lease provided he produces before the competent authority a

certificate from the Executive Authority of the Panchayat or Municipality to the effect that the mining is

done for bona fide public purpose. However such a contraction shall obtain a quarrying permit or

quarrying lease, if the mining is done in any other type of lands even if the mineral is to be used for

public purposes.

Note:-A contractor in the employ of any Government department quarrying minor minerals from

Government owned lands including porambokes, for bona fide purposes, coming under the

departmental works, shall be exempted from the obtaining a quarrying permit or quarrying lease and

payment of royalty for removing minor minerals.}

(c) The Government Departments, Panchayats and Municipalities and. the contractors who are exempt

from obtaining quarrying permits, quarrying leases, etc. under this sub-rule shall however submit to the

competent authority returns in Forms F and G. They shall also submit returns in Form E to the concerned

officers.

58. Penalties :- 54 [(1)] Whoever contravenes any provision of these rules shall be punishable with

imprisonment for a term which may extend to 55[ one year, or with a fine which may extend to five

52

Substituted by Noti. No. 6519/G3/76/ID dt. 20.6.1977 53

Substituted by Noti. No. 25707/G3/75/ID dt. 15.11.1975 54

Renumbered by Noti. No. 5642/G3/73/ID dt. 24.4.74 55




CHAPTER IX Page 36

thousand rupees or with both and in the case of continuing contravention, with an additional fine which

may extend to five hundred rupees] for every, day during which such contravention continues after

conviction for the first such contravention

56[(2)] Whenever any person raises, without any lawful authority any minor minerals from any land, 'the

State Government may recover from such person the minerals so raised or, where such mineral has

already been disposed of, the 57[***] and may also recover from such person, rent, royalty or tax, as the

case may be, for the period during which the land was occupied by such person without any lawful

authority.]

3[Provided that in case of Government land seigneorage shall be realized in addition to the royalty:

Provided further that in the case of those who opted for Consolidated Royalty Payment System exceeds

the permitted extent of land shall pay the next higher slab of royalty in addition to the amount already

paid]

58 [(3) Whenever any person raises, without any lawful authority any minor minerals from any land, and

for that purpose, brings on the land, any tool, equipment, vehicle or any other things, such mineral, tool,

equipment, vehicle or other thing shall be liable to be seized by an officer or authority specially

empowered in this behalf by the Government.]

59 ((4) Illegal transport of minor minerals without any valid permit issued by a competent authority is

liable for seizure of the minor mineral along with the transport vehicle, equipment and tools and the

owner and/or the driver shall be liable for punishment under rule 58, irrespective of the place from

where the minor minerals have been raised].

59. Cognizance of offence :- No Court shall take cognizance of any offence punishable under these

rules, except upon complaint in writing made by a person authorized in this behalf by the State

Government or the competent authority. The name or the designation of such person shall be published

in the Gazette.

60. Offences by companies :- (1) If the person committing an offence under these rules is a

company, every person who at the time the offence was committed was in charge of and was

responsible to the company for the conduct of the business of the company, shall be deemed to be

guilty of the offence and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-rule shall render any such person liable to any punishment.

If he process that the offence was committed without his knowledge or that he exercised all due

diligence to prevent the commission of such offence.

56

Renumbered by Noti. No. 5642/G3/73/ID dt. 24.4.74 57

Omitted by SRO 270/2008 58


Substituted by SRO 685/92



CHAPTER IX Page 37

[2] Notwithstanding anything contained in sub rule (1), where an offence under these rules, has been

committed with the consent or connivance of any director, manager, secretary or other officer of the

company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence

and shall be liable to be proceeded against and punished accordingly.

Explanation: -For the purpose of this rule.

(a) "Company" means anybody corporate and includes a firm or other association of individuals.

(b) "Director" in relation to a firm means a partner in the firm.

60[60A. Compounding of offences :- [1] Any offence punishable under these rules may, either

before or after the institution of the prosecution is compounded by the person authorized under rule 59

to make a complaint to the court with respect to that offence, on payment to that person, for credit to

the Government of such sum as that person may specify:

Provided that in the case of an offence punishable with fine only no such sum shall exceed the maximum

amount of fine which may be imposed for that offence.

(2) Where an offence is compounded under sub-rule (1) no proceeding or further proceeding as the case

may be, shall be taken against the offender in respect of the offence so compounded, and the offender

if in custody, shall be released forthwith.]

61[60B. Revenue Recovery:- All sums found due to the Government under or by virtue of these rules

may be recovered under the provisions of the Revenue Recovery Act for the time being in force as

though such sums are arrears of land revenue and in such other manner as the Government may deem

fit.]

61. Role of Police :- The competent authority or an officer authorized by it in this behalf, shall if

necessary request in writing for the help of the local police and the police authorities shall render such

assistance as is necessary to enable the officer to exercise the powers conferred on it or him by these

rules in the matter of stopping illicit mining and preventing unauthorized movement of minerals.

62. Delegation of powers :- The State Government or the competent authority with the previous

sanction of the State Government may, by notification in the Gazette, delegate all or any of the powers

vested in them or it to any officer or class of officers under them or it as the case may be.

63. Repeal :-The Madras Minor Mineral Concession Rules, 1956 as in force in the Malabar District

referred to in sub-section (2) of section 5 of the States, Reorganization Act, 1956 and all other rules or

executive instructions in force relating to the extraction of minor minerals in any part of the State of

60

Rule 60 A and 60B inserted by Notification no. 5642/G3/73/ID dated 24.4.1974 61

Rule 60 A and 60B inserted by Notification no. 5642/G3/73/ID dated 24.4.1974



Page 38

Kerala immediately before the commencement of these rules shall cease to be in force except as

regards things done or omitted to be done before such commencement.

FORM A

(See Rules 5, 10 and 13)

Received at (Place) ......................................................................................................... .

On (date) .........................................................................................................................

at (hour) ........................................................................................................................ ..

Initials of Receiving officer ..............................................................................................

APPLICATION FOR QUARRYING PERMIT

(For all types of lands)

To be submitted in Triplicate

From

To

The Geologist District Office of the Dept. of Mining & Geology, …………………………….District.

Sir,

1. I/We request that a quarrying permit under the Kerala Minor Mineral Can cession Rules 1967 may be granted to me/us.

2. A sum of Rs. 200 being the fee in respect of this application payable under



FORMS Page 39

rule 6 of the said rules has been deposited;

3. The required particulars are given below:

(i) Name & complete address of the applicant.

(ii) Is the applicant a private individual/private

company/public company/firm or association

(iii) In case applicant is,

(a) an individual, his nationality

(b) a private company, the names & nationality of all members and place of registration.

(c) a public company, the names and nationality of the Directors, the percentage of share capital held by Indian Nationals and place of incorporation. (d) firm or association; the names and nationality of all the particulars of the firm or members of the association and place of registration. (iv) Profession or nature of business of the applicant. (v) Name/Names of the minor mineral/minerals to be quarried. (vi) Quantity of the minor mineral/minerals for which permit is required (vii) Full description of the land from which the mineral is to be quarried an attested copy of a survey map of the area showing survey Nos. Boundary Nos. etc. should be submitted. The area should be coloured in red-vide sub rule (2) rule (5)

(viii) Particulars of the documents showing nature of tenure of the land and ownership of the land.

(ix) Details of consent letter from the land owner permitting surface operation.

District

Taluk

Panchayat

Village

Survey no

Area



FORMS Page 40

(x) Purpose for which the minor mineral is to be used.

4. Particulars of the receipted treasury chalan attached for the amount referred to at 2 above.

5. I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details as may be required by you. I/we agree to pay the advance the royalty that may be assessed on the quantity of mineral(s) is proposed to be quarried. I/we also agree to pay in advance any surface rent or cesses that may be demanded of me/us.

Yours faithfully,

(Signature of the Applicant)

Place:

Date:

[Note:- Applications made by the Kerala Mineral Development Corporation may be submitted to the Director of Mining and Geology, direct].

FORM B

(See Rules 18, 39 and 48)

Received at (place) ................................................................................................. ..........

On (date) ..........................................................................................................................

at (hour) ..................................................................................................................... ......

Initials of Receiving Officer .............................................. ................................................

APPLICATION FOR GRANT/RENEWAL OF QUARRYING LEASE

(For all types of lands)



FORMS Page 41

To be submitted in triplicate

From

To

The Director of Mining & Geology, Through the Geologist, District Office, ………………….District

Sir,

1. I/we beg to apply for the grant/renewal of a quarrying lease under the Kerala Minor Mineral Concession Rules, 1967.

2. A sum of Rs. 1000 being the application fee in respect of this application payable under Rule of the said rules has been deposited.

3. The required particulars are given below:

(i) Name and complete address of the applicant (ii) Is the applicant a private individual/private company /Public company/firm or association (iii) In case the applicant is.

(a) an individual, his nationality

(b) a private company, the names and nationality of all members and place of registration. (c) a public company, the names and nationality of the Directors,

the percentage of share capital held by Indian National and place of incorporation.

(d) a firm or association, the names and nationality of all the partners of the firm or members of the association and place of registration.

(iv) Profession or nature of business of the applicant.



FORMS Page 42

(v) Whether the application is for a fresh lease or for renewal of a lease previously granted. (vi) Minor Mineral or minerals which the applicant intends to mine. (vii) Period for which the quarrying lease is required. (viii) Approximate quantity of mineral expected to be raised per year. (ix) Manner in which the minor mineral raised is to be utilised.

(a) for manufacture

(b) for sale

(c) any other purpose

In case of manufacture the industries in connection with which it is required should be specified.

(x) Details of the area in respect of which quarrying lease is required.

Attested copies of the survey map of the area with survey numbers

clearly marked should be attached to each copy of the application

vide rule 27.

(xi) Nature of tenure of the land over which quarrying lease is applied for (Documentary proof to show the land owners right if any, over the mineral should be submitted in the case of lands in which the minerals vest partly with the Government and partly with the registered holder of the land vide rule 48).

(xii) No. and date of the income-tax clearance certificate attached.

(xiii) Financial resources of the applicant.

(xiv) Particulars of receipted treasury chalan attached for the amount referred to at 2 above.

(xv) Any other particulars which the applicant wishes to furnish.

I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details including security deposit etc, as may be required by you.

Yours faithfully,

District Taluk Panchayat Village Survey no Area



FORMS Page 43

(Signature of the applicant)

Place:

Date:

[Note:- Applications made by the Kerala Mineral Development Corporation may be submitted to the Director of Mining and Geology direct.]

FORM C

(See rules 18, 39, 44 and 48)

INCOME-TAX CLEARANCE CERTIFICATE

1. Name and style (of the company, firm HUF or individual) in which the applicants assessed or assessable to income-tax, and address for the purpose of assessment ............

2. Name and address of all companies firms or association of persons in which the applicant is substantially interested in his individual or fiduciary capacity.

3. The income-tax Circle/Ward/District in which the applicant is assessed to income-tax and the G.I.R. No.............................

4. The following particulars to be furnished concerning the income-tax assessments for the preceding four years:

(a) The total contract amount received during the preceding four years………..(give date of the closing day of……………… the year) being previously years of:

1959-60

1960-61

1961-62

1962-63

1963-64.

(b) Year Total income Tax demanded Tax paid Balance due assessed 1 2 3 4 5



FORMS Page 44

1959-60

1960-61

1961-62

1962-63

1963-64

Note:

1. Tax in Cols. 3 and 4 should include all items. viz. IT., S.T.. surcharge. E.P.T. and B.P.T.

2. If any tax remains unpaid the reasons should be explained in an attached statement

(c) In case there has been no.1.T. assessment in any year, whether returns-have been submitted under section 22(1) or 22(2) or tax has been paid in advance under section 18A (3) of the Act and if so the amounts of income returned for each year and tax for each of the four years mentioned above and IT. Circle/Ward/District concerned where such returns have been filed, give reason for the same ……… .…………………………………

(d) Whether any attachment or certificate proceedings pending in respect of the arrears

(e)The name and address of branch (es) if any...................................................

I declare that the above information is correct and complete to the best of my information and belief.

Signature of the contractor.

Registered No. Address

Date:

"In my opinion the applicant mentioned above has been doing everything possible to pay the tax demands promptly and regularly and to facilitate the completion of the pending or outstanding proceedings".

(This certificate is valid for one year from the date of issue)



FORMS Page 45

Date: Signature of Income-tax Officer

Seal. Circle /Ward/District.

FORM D

(See rules 7,13,19 and 48)

RECEIPT OF APPLICATION FOR QUARRYING PERMITS/QUARRYING LEASE OR

RENEWAL OF QUARRYING LEASE IN RESPECT OF MINOR MINERALS

S.No.................. Dated.............

Received the application with the following enclosures for a quarrying permit/ quarrying leas/renewal of quarrying lease in respect of minor minerals of Shri/Sarvashrl................................................................................................. .......... at a.m. /p.m

on ................. .19 ......................... .for about .................................................. .hectares

............................................................... of land located in village/forest block, range

.................................. ... Taluk ....................................... District ................................. ,.

for mining minor minerals.

Signature and designation of the receiving officer

Enclosures:

Place:

Date:

FORM E

(See clause (n) of sub rule (i) of rule 29)



FORMS Page 46

NOTICE

1. a. Name of mine

b. Name of minerals

c. Situation of mine (Village, Taluk, District, State)

d. Date when work was first started

2. (a) Name and postal address of present owner (s)

(b) Name and postal address of agent, if any

3. (a) Name and postal address of manager, if any

(b) His age

(c) His qualification

(d) His experience in mining

4. Whether workings are likely to be extended below ground

5. (a) Maximum depth of open cast excavation measured from its highest to its lowest point

(b) Date when depth first exceeded 6 metres

6. (a) Nature, amount and kind of explosives used, if any

(b) Date when explosives were first used.

Signature of Owner/Agent/Manager.

Date.

To be sent to:

1. The Chief Inspector of Mines, Government of India, Dhanabad, (Eastern Railway). 2. The Controller, Indian Bureau of Mines, Government of India, Nagpur. 3. The District Magistrate of the District where the Mine it situated.

FORM F

(See clause (d) of sub-rule (1) of rule 8 and sub-clause (i) of clause (0) of sub-rule (1) of rule 29)



FORMS Page 47

MONTHLY RETURN OF EXTRACTION OF MINOR MINERAL

QUARRYING PERMIT/QUARRYING LEASE

Name of the permit holder/lessee

Area

Village

Taluk

District

1. Name of the mineral

2. Stock of mineral at the beginning of the month Tonnes Ql. Kg

3. Quantity mined during the month Open cast

Underground

4. Total stock

5. Despatched by Rail - Quantity

Value Rs P

Road- Quantity

Value Rs P

6. Total despatch during the month

7. Stock of mineral at the end of the month

8. Remarks.

Signature of the permit holder/lessee or his authorised agent.

This return is to be submitted by the 10th of each month for the month preceding to the Officer appointed for this purpose in the region where the land is situated.

Date:

FORM G

(See sub-clause (2) of clause (0) of sub-rule (i) of rule 29)



FORMS Page 48

ANNUAL STATEMENT OF MINOR MINERALS OBTAINED, LABOUR EMPLOYED,

ETC.

Name of the lessee

Area of the lease

Village

Taluk

District

1. Name of the minor mineral worked.

2. Out-put Tonnes Ql. Kgs.

3. Value Rs Ps

4. Average Number of persons employed daily. Male

Female

Total

5. Average No. of days worked

6. Accident No.

7. Compensation paid Rs Ps

8. Remarks

Signature of the lessee or his authorised agent.

This return is to be submitted by 15th of January of each year for the preceding calendar year i.e. from 1st of January to 31st December to the office appointed for this purpose in the region where the land is situated.

Date:

FORM H

(See rule 32)



FORMS Page 49

QUARRYING LEASE

This indenture made this day of 19.......... between the Governor of Kerala (hereinafter referred to as the "State Government' which expression shall, where the context so admits be deemed to include his successors and assigns) of the one part and Shri................................... aged son of.................................. resident of....................................................in the village of…….. taluk of ……… the....................................... district (hereinafter called the "lessee/lessees" which expression shall where the context so admits, include his/their heirs, executors, administrators, representatives and permitted assigns) of the other part,

Witnesseth that in consideration of the rents and royalties and lessee's/Lessees' covenants, hereinafter reserved and contained the State Government doth hereby demise unto the lessee/lessees the land measuringhectares described in the schedule hereunder and delineated on the plan hereto annexed and therein coloured red (hereinafter called the "said lands") to hold the same for a period of----- ................................................................................... years commencing from the------ and ending on the------for the purposes of extracting minor mineral/minerals and subject to the terms and conditions contained in the Kerala Minor Mineral Concession Rules, 1967 (hereinafter referred to as "the Rules") and to the terms and conditions hereinafter appearing.

1. The lessee/lessees shall have the right in and upon the said lands to extract ---------------- (hereinafter called the said mineral/minerals) and to do all acts necessary for the extraction of the said mineral/minerals including the erection on the said lands, buildings and plant required for the purposes and also to take lead and carry away over the said lands and to dispose of the said minerals extracted as aforesaid.

2. The lessee/lessees shall during the subsistence of this lease have the liberty to work the said mineral/minerals and remove the same from the quarry hold on permits issued by the State Government/competent authority or any other officer authorised by him in this regard. The permits shall be issued only on the basis of pre-paid royalty at the rates specified in schedule I to these Rules. The royalty rates shall be subject to revision from time to time as the State Government may order.

3. The lessee/lessees shall pay to the State Government a yearly surface rent equal to the land revenue if any, assessable under the rules for the time being in force, or if the land be the property of Government or in reserve forest then equal to the land revenue plus cess, if any, per hectare of the land the surface whereof shall be occupied or used by the lessee/lessee for any of the purposes of this demise and so in proportion for any are less than an hectare. The said surface rent shall be paid by year! payments; the first of such payments to be made on or before the last date of the first year of occupation provided always that no such rent shall be paid or demanded in respect of any roads or ways now in existence.

4. The lessee/lessees shall at all times during the currency of this demise keep correct and intelligible books of account showing accurately the quantity of the said minerals extracted and the weight and value of the said mineral sold or exported together with the names of the purchasers or consignees. The lessee shall also maintain a register of employees showing therein separately men, women and children employed daily and shall at reasonable times allow the competent authority appointed under the roll (hereinafter referred to as "competent authority") or the officer authorised by him/to examine the said books of account and the register of employees and to take copies and extracts therefrom. The lessee/lessees shall submit reports in Forms F and G on the specified dates.



FORMS Page 50

5. All sums found due under or by virtue of this deed from the lessee/lessees may be recovered from him jointly and severally from them and his / their properties movable and immovable under the provisions of the Revenue Recovery Act for the time being in force as though such sums are arrears of land revenue or in any other manner as the State Government may deemed fit.

6. The lessee/lessees shall at the lessee’s/lessees' own expense erect and at all times maintain and keep in repair boundary marks and pillars along the boundaries of the said lands according to the demarcation shown in the plan hereto annexed.

7. No quarrying operations or workings shall be carried on or permitted to be carried on by the

lessee/lessees in or under the said lands at any point within a distance of 75 metres from any

railway line except with the previous permission in writing of the railway administration

concerned; and from any bridge on the National Highway or 50 metres from any reservoir,

canal or other public works such as public roads and buildings or inhibited site, burning

ground, etc., shown on the plan thereto annexed except with the previous permission in

writing of the State Government / competent authority or otherwise than in accordance with

such instruction, restrictions and condition either general or special which may be attached to

such permission. The said distance of 50 metres shall be measured in the case of a railway,

reservoir, or canal horizontally from the outer edge of the bank or outer edge of the cutting, as

the case may be and in the case of a building horizontally from the plinth thereof. In the case

of village roads no workings shall be carried on within a distance of 10 metres of the outer

edge of the cutting except with the previous permission in writing of the State Government /

competent authority.

For the purposes of this clause the expression 'railway' and 'railway administration' shall have the same meaning as defined in subsections (4) and (6) of section 3 of Indian Railway Act, 1890 (IX of 1890).

8. The sides of open workings shall be sloped, stepped or secured by the lessee in such a manner as to prevent danger from fails of material, when an open working is worked in steps, steps shall be of sufficient breadth in relation to their height to secure safety. In open workings trees liable to fall and all loose ground and material shall be removed by the lessee sufficiently far from the edge or otherwise made source in order to prevent danger to persons employed in the quarry.

9. If a working place is found to be unsafe all persons shall be withdrawn by the lessee/lessees immediately from the dangerous area and all access to such working place except for the purpose of removing the danger of saving life shall be prevented by securely fencing the full width of all entrances to the place.

10. The lessee/lessees shall at all reasonable times allow any officer authorised by the Central Government or by the State Government in that behalf to inspect the said lands and the buildings and plants erected thereon and the lessee/lessees shall assist such persons in conducting the inspection and afford them all information they may reasonably require, and shall conform to and observe all orders which the Central and State Governments as the result of such inspection or otherwise, may from time to time pass.

[10A. The lessee shall be responsible for implementing the provisions of the various labour laws



FORMS Page 51

applicable, from time to time, to the quarry.]

11. The lessee/lessees shall not assign or underlet the said lands or any part thereof or the rights or privileges, therein hereby granted or any of them without the previous permission in writing of the State Government / competent authority:

[11A. Where the lease or any right, title or interest therein has been assigned, sublet or transferred as provided in rule 34 read with condition 11, then the person in whose favour such assignment, sublease or transfer ha been made shall be responsible for implementing the provisions of the various labour laws applicable, from time to time, to the quarry.]

12. The lease may be surrendered by the lessee/lessees at any time after 3 months notice in writing to the State Government/competent authority. Provided that the lessee/lessees has/have paid all sums due on account of the lease. Provided further that if the lessee/lessees elects/elect to determine this lease before the expiry of the term of the lease, shall pay in addition to other dues a sum equal to the dead rent payable for the remaining part of the term of the lease deed.

13. On the expiration of the term of this lease or on its earlier determination under clause 12 the lessee/lessees shall pay to the State Government for all land which has been rendered useless for agriculture through the exercise of the powers demised by this lease such sum as the District Collector may fix as equivalent to the capitalised value or the land revenue of such land rendered useless. The lease shall continue if the sums are not cleared before the date of determination of notice.

14. If the lessee/lessees shall be desirous of taking a further lease of the said lands for a further term of …… years he/they shall give three months' previous notice in writing of such desire to the State Government/Competent authority and if the lessee/lessees has/have duly observed all the conditions of this lease, the State Government/ competent authority may agree to renew the lease for such further term and on such terms and conditions as the State Government/Competent authority may determine which shall be in accordance with the provisions of these rules.

15. If the lessee/lessees shall at any time during the said term use the said lands or any part thereof in any manner other than as authorised by this lease or fail to carry on quarrying operations continuously without sufficient cause of which the State Government/Competent authority shall be the judge or shall commit a breach of any of the conditions of this lease it shall be lawful for the State Government/Competent authority to cancel this lease and take possession of the said lands or the alternative to receive from the lessee/lessees such penalty for the breach not exceeding five times the amount of the said yearly deed rent as the State Government/Competent authority may fix.

16. If at the expiration of three calendar months after the expiry of the lease or its sooner determination, there shall remain in or upon/the said lands, any engines, machinery, plant buildings, structures and other works erections and conveniences the said minerals or other property which the lessee is/lessees are entitled to remove from the said lands, the same shall, if not removed by the lessee/lessees within one calendar month after notice in writing requiring their removal be given to the lessee/lessees by the State Government/Competent



FORMS Page 52

authority be deemed to become the property of the State Government in such manner as they may deem fit without liability to pay any compensation or to account to the lessee/lessees in respect thereof.

17. This lease subject to all rules and regulations which may from time to time be issued by the State Government regulating the working of the quarries and other matters affecting safety, health and convenience of the lessee's/lessees' employees or of the public, whether under the Indian Mines Act or otherwise.

18. The lessee/lessees shall without delay send to the District Collector and the competent authority or the officer authorised by him in this regard report of any accident causing loss of life or serious bodily injuries or seriously affecting or endangering life or property which may at any time occur at or in the said lands in the course of operations under this lease.

19. The lessee/lessees shall furnish such reports and returns relating to output, labourers employed and other matters as the State Government may prescribe.

20. The lessee/lessees shall make and pay such reasonable satisfaction and compensation as may be assessed by lawful authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be done by him/them in exercise of the powers granted by this lease and shall indemnify and shall keep indemnified fully and completely the State Government against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therewith.

21. Any condition prescribed in the Kerala Minor Mineral Concession Rules,1967 but left out in this lease which may be found applicable to the lessee/lessees shall be treated as binding on the lessee/lessees.

The schedule above referred to Description of Land

District Village or

Amsom

Survey No. of the area Bounded by

Sy.Nos.

Area in hectares

On the North by:

On the East by:

On the South by:

On the West by:



FORMS Page 53

In witness whereof the parties hereto have set their hands hereunto on the

day and year first above written.

Signed by..................................................

for and on behalf of the Governor of Kerala.

In the presence of:

( 1)

(2)

Signed by ......................................................

for and on behalf of the lessee/lessees

In the presence of:

(1)

(2)

FORM I

(See rule 36)

REGISTER OF APPLICATION FOR QUARRYING LEASE

1. Serial No.

2. Date of the application for quarrying lease.

3. Date on which application was received by the receiving officer.

4. Name of the applicant with full address.

5. Particulars of the land applied for and its area.

6. Minor mineral or minerals which the applicant desires to extract.

7. Details of remittance of application fee.

8. Period for which quarrying lease is required.



FORMS Page 54

9. Final disposal of the application together.

10. Remarks.

11. Signature of the officer.

FORM J

(See rule 36)

REGISTER OF QUARRYING LEASES/RENEWALS

(A) 1. Serial No.

2. Name of the lessee.

3. Residence with complete address of lessee

4. Date of application

5. Date on which application was received by the receiving officer.

6. (a) No. and date of grant of lease.

(b) Date of execution of lease

7. Particulars of the land and total area granted

8. Minor Minerals for which lease originally granted.

9. Rates of royalty surface rent and dead rent

10. Period for which granted.

11. Amount of security deposit

12. Date of assignment or transfer of the least if any, and the name and address of the assignee/transferee

13. Date of expiry or relinquishment of cancellation

14. Remarks

15. Signature of the officer

(B) 1. Date of renewal

2. Period of renewal



FORMS Page 55

3. Total area under renewal

4. Minor mineral or minerals for which renewal is valid

5. Rate of royalty surface rent and dead rent

6. Amount of security deposit.

FORM K

(See rule 48-B)

APPLICATION FOR GRANT/RENEWAL OF DEALER'S LICENSE

To

The Director of Mining & Geology

Through the Geologist,

Sir

l/we request that a dealer's licence to stock and sell minor minerals under the Kerala Minor Minerals Concession Rules 1967 be granted/renewed to me/us.

The fee of Rs……………… payable for the grant/renewal of dealer's licence has been paid and Treasury Chalan Receipt No ……… . Dated ………………….. is enclosed in original.

The required particulars are given below:

1. Name of the applicant with complete address:

2. Is the applicant a private individual/private/Public/Company/firm or Association?

3. In case applicant is,

(a) an individual, his nationality;

(b) a private company the nationality of all members of the company along with place of registration;

(c) a public company, the nationality of Directors, the percentage of share capital held by Indian Nationals along with place of incorporation.

(d) a firm or association, the nationality of all partners of the firm or members of association.

4. Name of minor mineral (s) to be sold;

5. Quantity to be stocked during the year (mineral wise) .

6. Details of the location of the Depot (Address, Sy. No. etc, of the area in which the depot is



FORMS Page 56

situated are to be furnished along with a location map).

7. Particulars of the previous dealer's licence if applying for renewal.

I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish other details including security deposit etc. as may be required by you.

Yours faithfully,

Name and designation of the applicant.

Place:

Date:

FORM L

DEALER'S LICENCE

(See rule 48-C)

(A Dealers' licence to sell, stock and exhibit for sale of minor mineral under the Kerala Minor Mineral Concession Rules, 1967)

.................................................................. is hereby licenced to sell, stock and exhibit for sale the under mentioned minor mineral(s):

1. Name of minor mineral(s)

2. Quantity allowed to be stocked during the year (Mineral-wise):

3. Location of the office and depot.

This licence will be in force for the financial year 19………. 19………

The licence already granted and which expired on 31st March 198….is renewed up to 31st March 198…….

CONDITIONS OF THE LICENCE:

1. This licence shall be displayed in a prominent place in a part of the premises open to the public.

2. The dealer shall comply with the provisions of the Mines and Minerals (Regulation and Development) Act, 1957 and the Kerala Minor Mineral Concession Rules, 1967 and all orders issued by the competent authority in this regard.

3. The dealer shall afford all facilities for checking his accounts and verifying the stock of minor mineral(s) and shall furnish fully and correctly any information in his possession as may be required by the competent authority or any person authorised by the competent



FORMS Page 57

authority in that behalf. 4. The dealer shall display in a prominent place in a part of the premises the price list of

minor mineral(s) offered for sale by him.

Dated this ……………………………………. day of………………… 19……….

Seal of the competent authority

Signature of the competent authority,

Dy. Director, Mining & Geology

FORM M

REGISTER SHOWING PURCHASE AND SALE OF MINOR MINERALS TO BE

MAINTAINED BY A DEALER

(See rule 48-F)

Name of Dealer:

Licence No.

Name of the minor minerals:

Minor minerals

Date Cash memorandum no.

Particulars showing the name of the minor

mineral (s) and source of purchase to whom sold

Purchased tonnes kg.

Sold tonnes kg.

Rate Voucher no

Purchase

(price paid)

Sale (price realised)

1 2 3 4 5 6 7 8 9

Rs. Rs. Rs.



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*Cancel portion not applicable.

FORM N

STOCK REGISTER TO BE MAINTAINED BY A DEALER

(See Rule 48-F)

Name of dealer:

Licence No.:

Name of minor mineral:

Date Opening

Balance

Purchase Total Sale Balance of

stock

Initials of

the dealer

1 2 3 4 5 6 7

FORM O

MONTHLY RETURN TO BE SUBMITTED BY THE DEALER TO THE COMPETENT

AUTHORITY

(See Rule 48-G)

For the month of…………….

Name of the Dealer:

Licence No.

Name of minor mineral:

Opening balance

Quantity purchased

From whom

Price Quantity sold T.

To whom

Price Balance Remarks



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T. Kg. T. Kg. purchased paid

Rs. P.

Kg. sold realized

Rs. Kg.

1 2 3 4 5 6 7 8 9

Place:

Date: Signature of the dealer

62FORM P

CASH MEMORANDUM

(See Rule 48-K)

Issued under rule 48-K of the Kerala Minor Mineral Concession Rules. 1967

1. Name of producer and permit/lease No.

2. Name of Dealer and Licence No.

3. Details of location of quarry

a. District

b. Taluk

c. Panchayat

d. Village

e. Survey No.

f. Area

4. Date of Expiry

5. Name of Minor Mineral sold

6. Price realized

62




FORMS Page 60

7. Sales Tax

8. Other items

9. Total amount realized

10. Name of the purchaser (if the purchaser is a dealer

his license number should be shown)

11. Description of the vallom, barge, lorry or cart, tractor or other conveyance in which the consignment is loaded

12. To be transported from ……………………….. to……………………

Place:

Date:

Time:

(Date and time shall be recorded in figures and words)

Signature of the producer/dealer

Seal and Signature of the Authority

FORM Q

FORM OF APPEAL MEMORANDUM

(See Rule 49)

1. Name and address of individual/firm/company

2. Profession of individuals or nature of business

3. Full details of the order of the authorised officer / competent authority/appellate authority against which the appeal is made (copy enclosed)

4. Minor Mineral/minerals forming the subject matter of the appeal

5. Details of the area in respect of which appeal is filed (A plan of the area to be attached) District Taluk Village Survey number

6. Is the appeal filed within the period specified in rule 49(1)



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7. Grounds of appeal

8. If the appeal memorandum is filled by the holder of power of Attorney, attach the power of Attorney

Signature and Designation of Appellate

63FORM R

(See rule 48Q)

APPLICATION FOR GRANT/RENEWAL OF REGISTRATION AS "REGISTERED METAL

CRUSHER UNIT”.

To

The Director of Mining and Geology Through the Geologist District Office. …………………………….District.

Sir,

I/We request that my/our metal crusher unit may be registered to sell aggregates under the Kerala Minor Minerals Concession Rules. 1967.

The fee of Rs……payable for the grant/renewal of registration has been paid and Treasury Chalan Receipt No…..dated …….is enclosed in original.

The required particulars are given below:

1. Name of the applicant with completed address:

2. Is the applicant a private individual/private/public/company /firm or association?

3. In case the applicant is.

(a) An individual, his nationality: (b) A private company, the nationality of all members of the

company along with place of registration: (c) A public company, the nationality of Directors, the percentage of

share capital held by Indian Nationals along with place of incorporation: (d) A firm or association, the nationality of all partners of the firm of

members of association:

63

Added by SRO 152/2002



FORMS Page 62

4. Sizes of jaws in the metal crusher unit and the number of jaws employed for crushing:

5. Details of the Location of the Quarrying Lease/Permit (Address, Sy. No. etc.,of the area in which the QL/QP is situated and validity of quarrying lease/permit are to be furnished along with a location map):

6.Particulars of the previous registration. If applying for renewal:

I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish other details including security deposit etc. as may be required by you.

Yours faithfully,

Place:

Date: Name and Signature of the Applicant.

64FORM S

REGISTRATION AS REGISTERED METAL CRUSHER UNIT

(See rule 48R)

A registration to register as registered metal crusher unit for making various sizes of aggregates from granite building stones under the Kerala Minor Mineral Concession Rules, 1967……………..is hereby registered to operate the crushing units and sell the aggregates made from granite building stones thereof.

Jaw size

No. of jaws

Location of the registered crusher unit and the facility.

This registration will be force for the financial year 200 .................... 200..........

The registration already granted and which expired on 31st March 200.. ..is renewed up to 31st March 200...

Conditions for Registration

The registration shall be displayed in a prominent place in a part of the premises open to the public.

64




FORMS Page 63

The registered crusher unit shall comply with the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Kerala Minor mineral Concession Rules,1967 and all orders issued by the competent authority in this regard.

The registered metal crusher unit shall display in a prominent place in a part of the premises the true list of granite aggregates offered for sale by them.

Dated this .............. ..day of ................ .200..

Seal of the competent authority.

Signature of the competent authority

65FORM T

[See Rule 3,4 (IA), 5(a)]

APPLICATION FOR GRANT/RENEWAL OF QUARRYING PERMIT UNDER THE

CONSOLIDATED ROYALTY PAYMENT SYSTEM FOR GRANITE/LATERITE, BUILDING

STONE QUARRY.

To The Geologist. District Office. Sir, I/W e request that a Quarrying Permit may be granted under Consolidated Royalty Payment System to extract Granite/Laterite Building Stone for sale in any form under Kerala Minor Minerals Concession Rule. 1967. The required particulars ate given below:

1. Name of the applicant with complete address 2. Status of the applicant 3. In case the applicant is :-

(a) an individual. The nationality (b) a private company, the nationality of all members of the company, along with place of registration of the Company ( c) A public company, the nationality of Directors, the percentage of share capital held by Indian Nationals along with place of incorporation (d) A firm or association, the names and nationality of all partners of the firm of members of association and place of registration

4. Details of the location of the quarry (a) District

65




FORMS Page 64

(b) Taluk (c) Village (d) Survey no (e) Area (f) Slab of remittance

5. (a) Details of Possession Certificate (b) Details of Survey map

6. Particulars of previous permit if applying for renewal.

I/We do, hereby declare that the particulars furnished above are true and correct and am/ are ready to furnish/pay any other details including consolidated royalty and surface rent etc ...... as may be required to / by you. Place: Yours faithfully. Date: Name and Signature of the applicant.

66FORM-U

QUARRYING PERMIT GRANTED/RENEWED UNDER CONSOLIDATED ROYALTY

PAYMENT SYSTEM FOR THE EXTRACTION OF GRANITE/LATERITE BUILDING

STONE

[See Rule 3, 4 (IA)] No. Dated .. A Quarrying Permit has been granted under Consolidated Royalty Payment System for the extraction of Granite/laterite Building Stone from the Quarry under the Kerala Minor Mineral Concession Rules, 1967 to ....................... and is hereby permitted to operate the Quarry and sell various sizes of aggregates of Granite Laterite Building Stone thereof from below mentioned area. Location of the Quarry- District Taluk Village Survey no Extent: hectares This Quarrying Permit will be in force for one year from the date of issue. Conditions

1. Quarrying shall be strictly confined to the area above allotted for this purpose. 2. No Quarrying shall done within 75 meters of the Railway line and bridges or 50 meters

66




FORMS Page 65

from State Highway, residential buildings and river banks.67 [In the case of sand and ordinary clay the mining operation shall be carried out only 10 meters away from the river bank.]

3. The permit holder shall at all times during the term of the permit kept or cause to be kept correct and intelligible books of accounts which shall contain accurate entries showing from time to time the quantity of mineral extracted and if sold, to whom sold, place, cash memorandum No .......... etc .......... .

4. The Quarry and the account kept there shall be open for inspection by the officers of the Department of Mining and Geology during all reasonable time.

5. The permit holder shall give on demand information pertaining to the quarrying, that may be called for by the undersigned or the officer duly authority by him in that behalf and comply with the provisions of the Kerala Minor Mineral Concession Rule, 1967 and failing which the permit is liable to be cancelled and suitable action taken as provided for in the Rules.

6. The permit holder shall not be eligible for refund of any of the amount paid by way of consolidated royalty, etc ....

7. This permit is subject to all rules and regulations which may form time to time to be issued by the State Government regulating the working of the quarries and other matters affecting the safety health of employees of the public whether under the Miners Act, 1952 or otherwise.

8. The permit holder shall without delay send to the district Collector, the under signed and the Officer duly authorized by him in this regard the report of any accident causing, loss of life or serious bodily injuries or seriously affecting or endangering life or property which may at any time occur at or in the said lands in the course of operations under the strength of this permit.

9. The permit holder shall make and pay such reasonable compensations as may be assessed by lawful authority, in accordance with the law in force on the subject for all damage, injuries or disturbances which may be done by him in exercise of the powers granted by this permit and shall indemnify and shall keep indemnified fully and completely the State Government against all claims which may be made by any person or person in respect of any such damage injury of disturbance and all costs and expenses in connection therewith.

10. Any condition prescribe in the Kerala Minor Mineral Concession Rules, 1967 but left out in the permit, which may be found applicable to the permit holder, shall be treated as binding on the permit holder.

11. The permit holder shall give a cash memorandum in Form-P while selling Minor Mineral to any purchaser and the duplicate copy retained by the permit holder.

12. On any account, the quarrying operations shall not cause any damage to life and property in the nearby areas and it should not cause any kind of environmental hazard. If any violations are notified by the competent authority, or any person duly authorized in this behalf he has the right to suspend/cancel the permit.

Date of this day of 2007 (Seal of the competent authority) Geologist/Senior Geologist To

67

Stayed as per GO (R)No. 590/08/ID dated 17.6.08



SCHEDULES Page 66

Copy to The Director of Mining and Geology.

The District Collector .................

68SCHEDULE I

RATES OF ROYALTY

(See Rules 4 and 17)

Name of minor minerals Rate of Royalty

1 2

1.Kankar and other forms of limestone and four kinds of limeshell namely: (i) while limeshell (ii) black limeshell (iii) drift limeshell or sea shell and (iv) shell of oyster

Rs. 50 (Fifty rupees only) per tonne

2.Ordinary clay used for making bricks and tiles, ordinary sand used for non-industrial purposes and gravel

Rs. 20 (Twenty rupees only) per 1000 pieces or Rs. 10 (Rupees ten only) per tonne or Rs. 20 (Rupees twenty only) per cubic meter.

3.Dimension stones as specified in classification in rule 8A sub-item (i)

Rs. 4000 (Four thousand rupees only) per cubic metre

4.All those group of rock as specified in, classification vide rule 8A sub-item (ii) and laterite

Rs. 16 (Sixteen rupees only) per tonne or Rs. 40 (forty rupees only) per cubic metre.

68




SCHEDULES Page 67

69SCHEDULE II

DEAD RENT

(See Rule 29)

(1) Rates of Dead Rent in Rupees per Hectare per annum.

1st Year 2nd year 3rd year onwards

Rs. Nil Rs. 100 Rs.400

(2) Two times of the rate specified under (1) above, in the case of lease granted for all other minor minerals except in item (3) and (4) below. (3) Three times of the rate specified under (I) above, in the case of lease granted for Kankar, limestone and lime shell. (4) Four times of the rate specified under (I) above in the case of Dimension and decorative stone as specified in classification in rule 8A, sub‐item (1).

70SCHEDULE III

FEES FOR DEALERS' LICENCE AND ITS RENEWAL

(See Rule 48 B)

1. For Stocking upto 500 tonnes a year Rs.2000 (Two thousand rupees only)

2. For stocking upto 1000 tonnes a year Rs.3000 (Three thousand rupees only)

3. For stocking upto 2000 tonnes a year Rs.4000 (Four thousand rupees only)

4. For stocking upto 4000 tonnes a year Rs. 6000 (Six thousand rupees only)

5. For stocking over 4000 tonnes a year Rs. 6000 (Six thousand rupee) +

Rs. 200 (Two hundred rupees only) for every 100 tonnes or part of it exceeding 4000 tonnes.

69





SCHEDULES Page 68

71SCHEDULE IV


(See Rules 3, 48P, 48Q)

Sl.No. Jaw size of the metal crusher (cm) Annual consolidated royalty per machine

1. 30.48 x 17.78 to 40.64 x 22.86 Rs. 50,000

2. Greater than 40.64 x 22.86 to 76.20 x 20.32 Rs. 1,00,000

3. Greater than 76.20 x 20.32, 76.20 x 22.86, 106.68 x 15.24

Rs. 2,00,000

72SCHEDULE V


[Rule 3,4 (1A)]

A. Granite Building Stone

Sl.No. Extend in Hectors No. of P Forms Annual consolidated royalty per unit area (Rs.)

1 Upto 5 Ares 300 15000

2 5 to 10 Ares 600 25000

3 10 to 15 Ares 1500 50000

4 Above 15 Ares 4000 100000

B. Laterite Building Stone

Sl.No. Extend in Hectors No. of P Forms Annual consolidated royalty per unit area (Rs.)

1 Upto 10 Ares 300 10000

2 10 to 20 Ares 600 25000

3 20 to 30 Ares 2500 50000

4 Above 30 Ares 4000 100000

71



Documents

The Kerala Minor Mineral Concession Rules, 1967 KMMC Rules 1967 .pdf · Transfer of assignment ... Act, 1957, Central ... - These rules may be called the Kerala Minor Mineral Concession