Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Granite Conservation and Development Rules, 1999 CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short title and commencement 2. Application 3. Definitions CHAPTER 2 :- PROSPECTING AND MINING OF GRANITE 4. Prospecting to precede mining operations 5. Period for which prospecting licence may be granted or renewed 6. Period for which leases may be granted or renewed 7. Minimum and maximum area for grant of mining lease CHAPTER 3 :- PROSPECTING OPERATIONS 8. Scheme of prospecting 9. Modification of scheme of prospecting 10. Prospecting operations to be carried out in accordance with scheme of prospecting 11. Report of prospecting operations CHAPTER 4 :- MINING PLAN 12. Mining Plan as a pre-requisite to the grant of lease 13. Mining plan to be prepared by a recognised person 14. Grant of recognition by State Government 15. Approval and submission of mining plan CHAPTER 5 :- MINING OPERATIONS 16. Mining plan as a pre-requisite to the commencement of mining operations 17. Mining plan to be submitted by the existing lessee 18. Review of mining plan 19. Mining operations to be in accordance with mining plan 20. Prospecting and mining operations 21. System of working 22. Separate stacking of non-saleable granite 23. Notice for opening of a mine and intimation of existence of a mine 24. Abandonment of surrender of quarries 25. Notice of temporary discontinuance of work in quarries 26. Intimation of reopening of a quarry 27. Copies of plans and sections to be submitted 28. Preparation of plans CHAPTER 6 :- SYSTEMATIC AND SCIENTIFIC MINING 29. Protection of environment 30. Removal and utilisation of top soil 31. Storage of overburden, waste rock etc. 32. Reclamation and Rehabilitation of lands 33. Precaution agent air pollution 34. Discharge of effluents 35. Precaution against noise 36. Permissible limits and standards 37. Restoration of flora CHAPTER 7 :- EMPLOYMENT OF QUALIFIED PERSONS 38. Employment of mining engineer 39. Duties of mining engineer 40. Supply of materials, appliances and facilities CHAPTER 8 :- NOTICES AND RETURNS 41. Quarterly and annual returns 42. Notice of certain appointments 43. Records of boreholes 44. Transfer of records of transferees 45. Copies of notices and returns to be maintained CHAPTER 9 :- REVISION AND PENALTY 46. Revision 47. Penalty CHAPTER 10 :- MISCELLANEOUS 48. Facilities for undertaking research or training 49. Territorial jurisdiction 50. Obligation to supply other information 51. Provisions of these rules to be applicable to Government 52. Applicability of the provisions of Minor Mineral Concession Rules framed by the State Government 53. Delegation of powers SCHEDULE 1 :- SCHEDULE 1 Granite Conservation and Development Rules, 1999 G.S.R. 398(E). In exercise of the powers conferred by Sec. 18 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), the Central Government hereby makes the following rules for conservation and systematic development of and scientific mining to conserve, the granite resources and to prescribe a uniform frame-work with regard to systematic and scientific exploitation of granite through out the country, namely: CHAPTER 1 PRELIMINARY 1. Short title and commencement :- (1) These rules may be called the Granite Conservation and Development Rules, 1999. (2) They shall come into force from the date of their publication in the Official Gazette. 2. Application :- These rules shall apply to prospecting and quarrying of granite. 3. Definitions :- (1) In these rules, unless the context otherwise requires, (a) "Act' means the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957); (b) "agent' when used in relation to a quarry, means any person whether appointed as such or not, who acts as the representative of the owner in respect of the management of the quarry or any part thereof; (c) "development" means removing overburden or unproductive or waste materials as preparatory to mining; (d) "drilling" means the penetration of alluvial material, rocks or formations by holes for obtaining geological information and for drawing samples therefrom; (e) "environment" and "environmental pollution." shall have the same meanings as signed respectively to these terms in the Environment (Protection) Act, 1986 (29 of 1986); (f) "Form" means a Form set forth in Schedule to these rules; (g) "geologist" means a person appointed in writing by the prospecting licensee, owner or agent to perform the duties of a geologist under these rules; (h) "granite" means dolerites, granite geneisses, migmatites, gabbros, anorthosites, rhyolites, syenites, leptynites, chamockites and any other igneous and or- thometamorphic rock types which are (i) amenable to be recovered as dimensional stone; (ii) capable of taking polish; and (iii) commercially exploitable. (i) "lease" means a lease granted for the purpose of undertaking mining or quarrying operations for granite; (j) "manger" when used in relation to a mine or a quarry, means any person appointed by the owner or agent and includes the owner or the agent if he appoints himself to be such manager, under Sec. 17 of the Mines Act, 1952 (35 of 1952); (k) "mining engineer" means a person appointed in writing by the owner or agent to perform the duties of a mining engineer under these rules; (l) "prospect" means an area where existence of granite has been established. (m) "prospecting licence" means a licence granted or the purpose of undertaking any operation for the purpose of exploring, locating or proving granite deposits; (n) "quarry" means an opencast working as defined in Mines Act, 1952 (35 of 1952); (o) "recognised person" means a qualified person granted recognition by the competent authority under these rules to prepare mining plan; (p) "sheet rock" means massive granite bodies but does not include boulders; (q) "year" means the twelve months period beginning from the first day of April and ending on the thirty first day of March of the following year; (2) All other words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act. CHAPTER 2 PROSPECTING AND MINING OF GRANITE 4. Prospecting to precede mining operations :- No lease shall be granted by the State Government unless it is satisfied that there is evidence to show that the area for which the lease is applied for has been prospected earlier for granite or the existence of granite therein has been established otherwise. 5. Period for which prospecting licence may be granted or renewed :- The period for which a prospecting licence may be granted shall of exceed two years. 6. Period for which leases may be granted or renewed :- (1) The maximum period for which a lease may be granted shall not exceed thirty years: Provided that the minimum period for which any such lease may be granted shall not be less than twenty years. (2) A lease may be renewed for a period not exceeding twenty years. (3) Notwithstanding anything contained in sub-rule (2), if the State Government is of the opinion that in the interest of development of granite it is necessary to do so, it may, for reasons to be recorded, authorise the renewal of a lease for a further period or periods not exceeding twenty years in each case. 7. Minimum and maximum area for grant of mining lease :- (1) The minimum area that may be granted or renewed under a lease for ensuring minining activities to optimum depth shall not be less than one hectare; (2) The maximum area that may be granted under a mining lease shall not exceed fifty hectares: Provided that the State Government, if it is satisfied on the basis of proposed production level, geological or topographical conditions, may for the reasons to be recorded in writing, grant or renew a lease over an area more than the maximum area or less than the minimum area specified under this rule. CHAPTER 3 PROSPECTING OPERATIONS 8. Scheme of prospecting :- (1) Every holder of a prospecting licence for granite shall submit to the State Government or any person authorised in this behalf by that Government within a period of sixty days from the date of execution of the prospecting licence, a scheme of prospecting indicating the manner in which he proposes tocarry out the prospecting operation, in the area covered by the licence and the scheme shall incorporate the following, namely: (a) particulars of the area; (b) the scale of the plan and the area of geological mapping; (c) the number of pits, trenches, and bore holes which he proposes to put in the area and the locations thereof; (d) the particulars of the machines to be used; (e) the details of exploratory mining to be undertaken; (f) the number of samples proposed to be drawn and tested; (g) baseline information of prevailing environmental conditions before the beginning of the prospecting operations; (h) any other matter relevant for the preparation of a scheme of prospecting, as directed by the State Government or any person so authorised from time to time by a general or specific order. (2) The prospecting scheme under sub-rule (1) shall be prepared by a recognised person or a geologist or a mining engineer employed under clause (a) of sub-rule (1) of Rule 38. 9. Modification of scheme of prospecting :- (1) A prospecting scheme prepared and submitted under rule 8 may be modified at any time on geological considerations by the holder of a prospecting licence during continuance of the prospecting licence. (2) Any modification carried out under sub-rule (1) shall be intimated to the State Government or any person authorised in this behalf by that Government, by the holder of a prospecting licence within a period of fifteen days. 10. Prospecting operations to be carried out in accordance with scheme of prospecting :- Every holder of a prospecting licence for granite shall carry out the prospecting operations in accordance with the scheme of prospecting submitted under Rule 8 or with such modifications, if any, as intimated under Rule 9 or as directed by the State Government or any person authorised by that Government in this behalf. 11. Report of prospecting operations :- (1) Every holder of a prospecting licence for granite shall submit to the State Government or any person authorised in this behalf by that Government and the Controller General, Indian Bureau of Mines an annual report in Form A so as to reach them by 30th April for the previous year: Provided that a report in Form-A shall be submitted within a period of three months after the completion of abandonment of the prospecting operations or the expiry of the prospecting licence, whichever is earlier. (2) Where prospecting operations for granite are carried out by any authority specified in the second proviso to sub-sec. (1) of Sec. 4 of the Act without a prospecting licence, such authority shall submit the annual report in Form A to the State Government or any person authorised by that Government and the Controller General, Indian Bureau of Mines in respect of each area where prospecting operations for granite have been undertaken by them: Provided that this sub-rule shall not apply in a case where field operations consist of only geological mapping or geo-physical or geo-chemical investigations. CHAPTER 4 MINING PLAN 12. Mining Plan as a pre-requisite to the grant of lease :- No lease shall be granted or renewed by the State Government unless there is a mining plan duly approved by the State Government or any person authorised in this behalf by that Government for the development of the granite deposit in the area concerned. 13. Mining plan to be prepared by a recognised person :- (1) No mining plan shall be approved unless it is prepared by a qualified person recognised in this behalf by the State Government or any person authorised by that Government or by a recognised person under Rule 22-B of the Mineral Concession Rules, 1960. (2) No person shall be granted recognition for the purposes of sub- rule (1) by the State Government or any person authorised by that Government unless he holds (i) a degree in mining engineering or a post-graduate degree in geology granted by a university established or incorporated by or under an Act of Parliament or any institution recognised by the University Grants Commission establishes under Sec. 4 of the University Grants Commission Act, 1956 (3 of 1956) or any qualification equivalent thereto; and (ii) professional experience of five years of working in a supervisory capacity in the field of mining or mineral administration after obtaining a degree or qualification required under clause (i) 14. Grant of recognition by State Government :- (1) Any person possessing the qualifications and experience required under sub-rule (2) of Rule 13 may apply for recognition to the competent authority designated by the State Government for this purpose. (2) The competent authority after making such enquiry as it deems fit, may grant or refuse to grant recognition and where recognition is refused, the competent authority shall record reasons in writing and communicate the same to the applicant. (3) A recognition shall be granted for an initinal period often years and may be renewed for further periods not exceeding ten years at a time: Provided that the competent authority may refuse to renew recognition for reasons to be recorded in writing after giving an opportunity of hearing to the person concerned. 15. Approval and submission of mining plan :- On receipt of the application for grant of mining lease for undertaking mining operations for granite, the State Government shall take decision to grant precise area for the said purpose and communicate such decision to the applicant and on receipt of the communication from the State Government of the precise area to be granted, the applicant shall submit a mining plan within a period of three months from the date on which communication is received or such other period as may be allowed by the State Government for approval and said mining plan shall incorporate (i) the plan of the precise area showing the nature and extent of the granite body; spot or spots where the excavation is to be done in the first year and its extent; a detailed cross-section and detailed plan of spots of excavation based on the prospecting data gathered by the applicant; a tentative scheme of mining for the first five years of the lease; (ii) details of the geology and lithology of the precise area including granite reserves of the area; (iii) the extent of manual mining or mining by the use of machinery and mechanical devices on the precise area; (iv) the plan of the precise area showing natural water courses, limits of reserved and other forest areas and density of tress, if any, assessment of impact of mining activity on forest, land surface and environment including air and water pollution; details of scheme for restoration of the area by afforestation, land reclamation, use of pollution control devices and of such of the measures as may be directed by the Central or the State Government from time to time; (v) annual programme and plan for excavation on the precise area from year to year for five years; (vi) any other matter which the State Government or any person so authorised may require the applicant to provide in the mining plan. CHAPTER 5 MINING OPERATIONS 16. Mining plan as a pre-requisite to the commencement of mining operations :- (1) No person shall commence mining operations for granite in any area except in accordance with a mining plan approved under these rules; (2) The State Government or any person authorised in this behalf by that Government may require the holder of a lease to make such modifications in the mining plan referred to in sub-rule (1) or impose such conditions as it considers necessary by an order in writing if such modifications or imposition of conditions are considered necessary in the light ofthe experience of operation of mining plan or in view ofthe change in the technological development. (3) A holder of a lease, desirous of seeking modifications in the approved mining plan as are considered expedient, in the interest of safe and scientific mining, conservation of granite, or for the protection of environment, shall apply to the State Government or any person authorised in this behalf by that Government, setting forth the intended modifications and explaining the reasons for the same. (4) The State Government or any person authorised in this behalf by that Government may approve the modifications under sub-rule (3) or approve with such alterations as it may consider expedient. 17. Mining plan to be submitted by the existing lessee :- (1) Where mining operations for granite have been undertaken before the commencement of these rules without an approved mining plan, the holder of such lease shall submit a mining plan within a period of one year from the date of commencement of these rules, to the State Government or any person authorised in this behalf by that Government for its approval. (2) If a holder of a lease has not been able to submit the mining plan within the specified time for reasons beyond his control, he may apply for extension of time giving reasons to the State Government or any person authorised in this behalf by that Government. (3) The State Government or any person authorised in this behalf by that Government on receiving an application made under sub- rule (2) may, on being satisfied, extend the period for submission ofthe mining plan for a period which may not exceed one year. (4) The State Government or any person authorised in this behalf by that Government may approve the mining plan submitted by the lessee under sub-rule (1), or may require modifications to be carried out in the mining plan and the lessee shall carry out such modifications and resubmit the modified mining plan for approval of the State Government or the person so authorised, as the case may be. (5) The State Government or any person authorised in this behalf by that Government shall, within a period of ninety days from the date of receipt of the mining plan or the modified plan, convey its or his approval or disapproval to the applicant and in case of disapproval it or he shall also convey the reasons for disapproving the said mining plan or the modified mining plan. (6) If no decision is conveyed within the period stipulated under sub-rule (5), the mining plan or the modified mining plan, as the case may be, shall be deemed to have been provisionally approved and such approval shall be subject to the final decision whenever communicated. (7) The mining plan submitted under sub-rule (1) shall be prepared by a recognised person. 18. Review of mining plan :- (1) Every mining plan duly approved under these rules shall be valid for the entire duration of the lease. (2) The owner, agent, mining engineer or manager of every mine or quarry shall review the mining plan as prescribed under sub-rule (1) and submit a scheme of mining for the next five years of the lease to the State Government or any person authorised in this behalf by that Government for approval. (3) The scheme of mining shall be submitted to the State Government or any person authorised in this behalf by that Government at least one hundred twenty days before the expiry of t h e five years' period, for which it was approved on the last occasion. (4) The State Government or any person authorised in this behalf by that Government shall convey its or his approval or refusal to the scheme of mining within ninety days of the date of its receipt. (5) If approval or refusal of the scheme of mining is not conveyed to the holder of the lease within the stipulated period, the scheme of mining shall be deemed to have been provisionally approved and such approval shall be subject to final decision whenever communicated. (6) The provisions of Rule 13 shall apply to the scheme of mining in the same way as they are applicable to the mining plan. (7) Every scheme of mining submitted under sub-rule (2) shall be prepared by a recognised person or a person employed under sub- rule (1) of Rule 38. 19. Mining operations to be in accordance with mining plan :- (1) Every holder of a lease shall carry out mining operations for granite in accordance with the approved mining plan with such conditions as may have been prescribed under sub-rule (2) of Rule 16 or with such modifications, if any, as permitted under sub-rule (4) of Rule 16 or the mining plan or the scheme approved under Rule 12 or 17 or 18 as the case may be, (2) If the mining operations are not carried out in accordance with the mining plan as referred to under sub-rule (1), the State Government or any person authorised in this behalf by that Government may order suspension of all or any of the mining operations and permit continuance of only such operations as may be necessary to restore the conditions in the quarry as envisaged under the said mining plan. 20. Prospecting and mining operations :- The prospecting and mining operations shall be carried out in such a manner so as to ensure systematic development and conservation of granite deposits and protection of environment. 21. System of working :- (1) System of working in granite quarries in sheet rock shall be performed by formation of benches. (2) Such benches in granite and overburden including weathered granite shall be formed separately and the benches in overburden or weathered granite shall be kept sufficiently in advance so that their working does not interfere with the working of granite. 22. Separate stacking of non-saleable granite :- (1) The non-saleable granite rejects at quarry bottom should regularly be collected and transported to the surface and the quarry floor kept reasonably clear of debris. (2) Small granite blocks from such non-saleable granite suitable for possible use in manufacture of bricks as well as flooring or wall tiles by small scale industries sector shall not be used as road metal or stone aggregate and such material shall be segregated from the dumps of granite rejects and stored separately for future use as far as possible, whenever such dumps are worked for recovery of stone aggregate or used as quarry backfill. (3) The ground selected for dumping of top soil, overburden, waste material or non-saleable granite shall be away from working quarry. (4) Before starting mining or quarrying operations, conceputal ultimate limits of the quarry shall be determined and dumping ground shall be so selected that dumping is not carried out within the limits of the ultimate size of the quarry except where simultaneous back filling is proposed. 23. Notice for opening of a mine and intimation of existence of a mine :- T he owner, agent, mining engineer or manager of every granite quarry shall send to the State Government or any person authorised in this behalf by that Government and to the Controller General, Indian Bureau of Mines an intimation in Form B of the opening of a mine so as to reach them within fifteen days of such opening or of the existence of a mine at the time of the commencement of the rules within ninety days from such commencement, as the case may be. 24. Abandonment of surrender of quarries :- (1) The owner, agent, mining engineer, or manager of every granite quarry shall not abandon or surrender a granite quarry or a part of such quarry during the subsistence of the lease except with prior permission in writing of the State Government or any person authorised in this behalf by that Government. (2) Notice for abandonment or surrender of a granite quarry or a part thereof shall be given in Form C and shall be accompanied by plans and sections on a scale of not less than 1 cm = 10 metres showing accurately the work done in such quarry upto the date of submission of the notice. (3) The State Government or any person authorised in this behalf by that Government may by an order in writing prohibit abandonment or refuse surrender or allow the abandonment or surrender of a granite quarry or part thereof with such conditions as he may specify in the order. (4) Where an abandonment of a granite quarry or part thereof takes place as a result of the occurrence of a natural calamity beyond the control of the owner, agent, mining engineer or manager of a such quarry, or the lease is terminated in compliance o f any order or directions issued by an statutory authority established under any law for the time being in force or any Tribunal or a court, an intimation shall be sent to the State Government or any person authorised in this behalf by that Government within a period of twenty-four hours of such abandonment or termination and the notice of abandonment as provided in sub-rule (2) shall be submitted to the State Government or any person in this behalf by that Government authorised within a period of fifteen days of such abandonment or termination. 25. Notice of temporary discontinuance of work in quarries :- The owner, agent, mining engineer, or manager of every granite quarry shall send to the State Government or any person authorised in this behalf by that Government and to the Controller General, Indian Bureau of Mines, a notice in Form-D when the work in such quarry is discontinued for a period exceeding sixty days so as to reach them within seventy five days from the date of such temporary discontinuance. 26. Intimation of reopening of a quarry :- The owner, agent, mining engineer or manager of every granite quarry shall send to the State Government or any person authorised in this behalf by that Government and to the Controller General, Indian Bureau of Mines an intimation in Form-E of reopening of such quarry after temporary discontinuance so as to reach them within fifteen days from the date of such reopening. 27. Copies of plans and sections to be submitted :- The owner, agent, mining engineer or manager of every granite quarry shall submit to the State Government or any person authorised in this behalf by that Government, a copy of the plans and sections maintained under these rules, as and when required by that Government or such person, as the case may be. 28. Preparation of plans :- (1) All plans, sections and tracings or copies thereof kept at the granite quarry shall be serially numbered or suitably indexed. (2) Every plan, section or part thereof prepared under these rules shall carry thereon a certificate for its correctness and shall be signed by the mining engineer with date. (3) Every copy of a plan and section or part thereof submitted or maintained under these rules shall bear a reference to the original plan or section from which it was copied and shall be certified thereon by the owner, agent, mining engineer or manager to be a true copy of the original plan or section. CHAPTER 6 SYSTEMATIC AND SCIENTIFIC MINING 29. Protection of environment :- Every holder of a prospecting licence or a lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining or processing of granite in the area for which such licence or lease is granted. 30. Removal and utilisation of top soil :- (1) Where top soil exists and is to be excavated for prospecting or mining operations for granite, it should be removed separately. (2) The top soil so removed shall be utilised for restoration and rehabilitation of the land which is no longer required for prospecting or mining operations or for stabilising or landscaping the external dumps. (3) Where top soil cannot be used concurrently, it shall be stored separately for future use. 31. Storage of overburden, waste rock etc. :- (1) The overburden, waste rock and non-saleable granite generated during prospecting or mining operations for granite shall be stored separately in properly formed dumps on grounds earmarked. (2) Such dumps shall be properly secured to prevent the escape of material in harmful quantities which may cause degradation of the surrounding land or silting of water courses. (3) Wherever possible, such waste rock or overburden or other rejects, shall be backfilled into the worked out granite quarry, where granite has been recovered upto the optimum depth, with a view to restore the land to its original use or desired alternate use, as far as possible and where the backfilling is not feasible, the waste dumps shall be suitable terraced and stabilised by planting vegetation or otherwise. 32. Reclamation and Rehabilitation of lands :- Every lease holder shall undertake in a phased manner restoration, reclamation and rehabilitation of lands affected by prospecting or mining operations and shall complete this work before the conclusion of such operations and the abandonment of the granite quarry. 33. Precaution agent air pollution :- Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for granite and related acitivites shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force. 34. Discharge of effluents :- Every holder of a prospecting licence or a lease shall take all possible precautions to prevent or reduce to a minimum the discharge of toxic and objectionable liquid effluents from granite quarry, workshop or processing plant, into surface or ground water bodies, and usable lands. These effluents shall conform to the standards laid down in this regard. 35. Precaution against noise :- Noise arising out of prospecting, mining and processing operations for granite shall be abated or controlled by the holder of prospecting licence or a lease at the source so as to keep it within the permissible limit. 36. Permissible limits and standards :- The standards and permissible limits of all pollutants, toxins and noise referred to in Rules 33, 34 and 35 shall be those notified by the concerned authorities under the provisions of the relevant statutes from time to time. 37. Restoration of flora :- Every lease holder shall take immediate measures for planting in the area held under the lease or any other area selected by the State Government for this purpose, such number of trees sufficient to improve the environment and the minimise effects of land degradation during the entire period of such lease. He shall look after such plantations during the subsistence of the lease. CHAPTER 7 EMPLOYMENT OF QUALIFIED PERSONS 38. Employment of mining engineer :- (1) For the purpose of carrying out prospecting and mining operations in accordance with these rules, every holder of a granite quarry lease shall employ, (a) in the case of a mechanised granite quarry, a whole time mining engineer possessing the following qualifications, namely: (i) Degree in mining engineering with minimum one year's experience of working in mines including granite quarries, or (ii) Post Graduate degree in geology with First Class Metalliferous Mines Manager's Certificate or Post Graduate degree in geology with minimum three years' experience of working in supervisory capacity in mines including granite quarries, or (iii) Diploma in Mining with First Class Metalliferous Mines Manager's Certificate or Diploma in Mining with three year's experience in supervisory capacity in mines including granite quarries, or (iv) First Class Metalliferous Mines Manager's Certificate with minimum two years' experience of working in mines including granite quarries after obtaining the certificate. (b) in the case of the granite quarry lease other than the mechanised granite quarry lease, (i) a part time mining engineer possessing qualification as prescribed under clause (a) above; or (ii) a part time mining engineer, possessing a Post Graduate degree in geology or Second Class Metalliferous Mines Manager's Certificate, or (iii) a whole time mining engineer possessing Secondary School Leaving Certificate and Mine Foreman Certificate with minimum five years' experience of working as Mines Foreman or Mate in mines including granite quarries. Explanation. For the purpose of this sub-rule, mechanised granite quarry means a granite quarry where machine capable of deep drilling is deployed or heavy machinery for excavation, handling or lifting or transporting of overburden and granite blocks is deployed. (2) A part time mining engineer possessing qualifications prescribed in sub-clause (i) of clause (a) of sub-rule (1) may be employed to supervise upto a maximum of six granite quarries provided that all such granite quarries are located within a radius of fifty kilometers: Provided that a person possessing the qualifications other than those prescribed in sub-clause (i) of clause (a) of sub-rule (1) may be employed as part time mining engineer in quarries upto a maximum of three granite quarries provided that such quarries are located within a radius of fifty kilometers. 39. Duties of mining engineer :- (1) It shall be the duty of the mining engineer to take all necessary steps to plan and conduct mining operations, so as to ensure conservation of granite, systematic development of the granite deposits and protection of environment in and around the granite quarry lease area in accordance with these rules. (2) He shall be responsible for the preparation and maintenance of plans, section, reports schemes in accordance with these rules. (3) He shall carry out all such orders and directions as may be given in writing under these rules by the State Government or any person authorised in this behalf by that Government and shall forward a copy of each of such orders or directions to the holder of prospecting licence or, as the case may be, the granite quarry lease. 40. Supply of materials, appliances and facilities :- (1) The mining engineer shall ensure that there is sufficient provision of proper materials, appliances and facilities at all times at granite quarry for the purpose of carrying out the provisions of these rules and orders issued thereunder and where he is not owner or agent of the granite quarry, he shall make requisition in writing to the owner or agent for anything required for the aforesaid purpose. A copy of every such requisition shall be recorded in bound paged book kept for the purpose. (2) On receipt of a requisition under sub-rule (1), the owner or agent shall provide as soon as possible the materials and facilities requisitioned by the mining engineer. CHAPTER 8 NOTICES AND RETURNS 41. Quarterly and annual returns :- The owner, agent, mining engineer or manager of every granite quarry shall submit to the State Government or any person authorised in this behalf by that Government and the Controller General of Indian Bureau of Mines returns in respect of such granite quarry within the time specified in respect of such returns, namely: (a) a quarterly return in Form F for every quarter ending 30th June, 30th September, 31st December or 31st March before the 15th of the following month for the preceding quarter; (b) an annual return in Form-G which shall be submitted before the 1st July of each year for the preceding year: Provided that in case of abandonment or surrender of a granite quarry, such annual return shall be submitted within ninety days of the date of abandonment or surrender. 42. Notice of certain appointments :- When any new appointment is made of an agent, mining engineer, geologist and manager for the purpose of these rules or when the employment of any such person is terminated or any such person leaves the said employment or when any change occurs in the address of any such person, the owner of the granite quarry or the holder of the prospecting licence, relating to such appointment, termination, living or change in address shall, within fifteen days from the date of such appointment, termination, leaving or change in address, give a notice in Form H to the State Government or any person authorised in this behalf by that Government. 43. Records of boreholes :- The owner, agent, mining engineer, geologist or manager of every granite quarry or the holder of a prospecting licence shall keep a record of all boreholes in Form I and shall retain all records and samples of the strata passed through. He shall not destroy such records of boreholes and samples of strata except with the prior approval of the State Government or any person so-authorised on this behalf. 44. Transfer of records of transferees :- When the ownership of prospecting licence or a granite quarry lease is transferred, the previous owner or his agent shall make over to the new owner or his agent within a period of seven days of the transfer of the ownership, borehole cores preserved if any, all plans, sections, reports, registers and other records maintained in pursuance of the Act, rules or orders made thereunder, and all correspondence relevant thereto relating to the prospecting licence or granite quarry lease; and when the requirements of these rules have been duly complied with, both previous and the new owners or their respective agents shall forthwith send to the State Government or any person authorised in this behalf by that Government a detailed list of borehole cores, plans, sections, reports, registers and other records that have been transferred. 45. Copies of notices and returns to be maintained :- The owner, agent, mining engineer or manager of every granite quarry or a holder of a prospecting licence shall maintain the labour attendance register, production and despatch register, explosives consumption register, test reports and details of mining machinery and copies of all notices and returns, plans, sections and schemes submitted to the State Government or any person authorised in this behalf by that Government under these rules, at an office established by the licensee or lessee and these shall be made available at all reasonable times to the State Government or any person authorised in this behalf by that Government for inspection. CHAPTER 9 REVISION AND PENALTY 46. Revision :- (1) Any person aggrieved by any order made or direction issued by any person authorised by the State Government to make or issue such order or direction under these rules may within ninety days of the communication of such order apply to the State Government for revision of the said order: Provided that any such application may be entertained after the said period of ninety days if the applicant satisfies the State Government that he had sufficient cause for not making the application within time. (2) Every order, against which a revision application is preferred under sub-rule (1), shall be complied with pending the decision of the State Government in such revision: Provided that the State Government may on an application by the applicant, suspend the operation of the order appealed against pending disposal of the revision application. (3) On receipt of an application for revision under sub-rule (1), the State Government after giving a reasonable opportunity of being heard to the aggrieved person, may confirm, modify or set aside the order or direction. (4) Every application submitted under the provisions of this rule shall be accompanied by a Treasury Receipt showing that a fee of five hundred rupees has been paid into a State Government Treasury or any branch of the State Bank of India doing Treasury Business to the credit of the State Government. 47. Penalty :- Whoever contravenes any of the provisions of these rules shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five 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. CHAPTER 10 MISCELLANEOUS 48. Facilities for undertaking research or training :- Every holder of a prospecting licence or a lease shall afford all reasonable facilities to persons authorised by the Central Government or the State Government for the purpose of undertaking research or training in matters relating to mining or geology. 49. Territorial jurisdiction :- The territorial jurisdiction of a person authorised by the Central Government or the State Government for the purpose of these rules shall be as notified by the Central Government or the State Government, as the case may be, in the Official Gazette from time to time. 50. Obligation to supply other information :- The owner, agent, mining engineer, gelogist or manager of every granite quarry shall furnish such information regarding such quarry or any matter connected therewith as the Central Government or the State Government or any person authorised in this behalf by the Central Government or the State Government, as the case may be, may require by an order in writing and the information shall be furnished within such time as may be specified in the aforesaid order, 51. Provisions of these rules to be applicable to Government :- T h e Government or its agencies carrying out mining operations without a lease shall be bound by all the provisions of these rules in the same manner as they are applicable to holders of granite quarry leases. 52. Applicability of the provisions of Minor Mineral Concession Rules framed by the State Government :- The provisions of the Minor Mineral Concession Rules or any other rules framed by the State Government under Sec. 15 of the Act shall be applicable to granite quarry leases to the extent they are not repugnant to or inconsistent with these rules. 53. Delegation of powers :- The State Government may, by notification in the Official Gazette, direct that any other exercisable by it under these rules may, in relation to such matters and subject to such conditions, if any, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification. SCHEDULE 1 SCHEDULE 1