PROCEDURE FOR GRANT OF MINING LEASE -MAJOR MINERALS:
An application for grant of mining lease and its renewal shall be made to the State Government in Form I and Form J respectively as per rule 22 (1) and 24A (1) of Mineral Concession Rules 1960.
An application shall be accompanied by a non- refundable fee of Two thousand and five hundred rupees and rupees one thousand towards application and deposit for preliminary expenses as prescribed under rule 22 (3) (i) (a) and 22(3)(ii) of Mineral Concession Rules, 1960.
In respect of mining lease holders, a valid clearance certificate in the form prescribed by the State Government, of payment of mining dues, such as royalty or dead rent and surface rent payable under the Act or the rules made there under shall be accompanied along with the mining lease application as per rule 22 (3) (i) (d) of Mineral Concession Rules, 1960.
In respect of applicant who does not hold mining lease, an affidavit to the satisfaction of the State Government stating that he does not hold and has not held a mining lease to be furnished as per the proviso to 22 (3)(i) (d) of Mineral Concession Rules 1960.
An affidavit stating that the applicant has filed up-to-date income tax returns; paid the income tax assessed on him ; and paid the income tax on the basis of self assessment as provided in the income tax Act, 1961 as per rule 22(3) (i) (f) of Mineral Concession Rules 1960 to be furnished.
An affidavit showing particulars of areas mineral wise in the State, which the applicant or any person jointly with him already holds under a mining lease; has applied for but not granted; and being applied for simultaneously as per rule 22 (3) (i) (g) of Mineral Concession Rules 1960 to be furnished.
A statement in writing that the applicant has, where the land is not owned by him, obtained surface rights over the area or has obtained consent of the owner for starting mining operations as per rule 22 (3) (i) (h) of Mineral Concession Rules 1960 to be furnished.
In respect of Minerals specified in schedule I of Mines and Minerals (Development and Regulation) Act 1957, prior approval of Government of India has to be obtained before grant of mining lease as per the proviso to section 5 (1) of Mines and Minerals (Development and Regulation) Act 1957.
As per Section 5 (2) of Mines and Minerals (Development & Regulation) Act, 1957 no mining lease shall be granted unless it is satisfied that the area applied for has been prospected earlier or existence of mineral contents has been established.
As per Section 6 (1) (b) of Mines and Minerals (Development & Regulation) Act, 1957, if the total area held under mining lease together with the area applied for grant of lease exceeds 10 Sq. Kms, clearance from the Government of India is to be obtained.
If the area applied for is not a compact and contiguous block, relaxation of the Section 6 (1) (c) of Mines and Minerals (Development & Regulation) Act, 1957 from the State Government has to be obtained.
If the area applied for mining lease is more than 5.00.0 hects and below 50.00.0 hects. the clearance from the State Environment Impact Assessment Authority is necessary and for an area above 50.00.0 hects clearance from the Ministry of Environment and Forest is necessary.
If the area is notified hill village, Hill Area Conservation Authority clearance shall be obtained before the grant of mineral concession.
In case of mining beach sands, the clearance from Coastal Regulatory Zone Authority, Ministry of Environment and Forest, Government of India is required.
As per Government of Tamil Nadu letter No.121 / Industries / dated. 05.02.1988 mining lease cannot be granted to private entrepreneurs for limestone in an area which falls within 20 kms. radius of existing manufacturing industry.
In case of second and subsequent renewal a report from Indian Bureau of Mines has to be obtained as per rule 24A of Mineral Concession Rules 1960.
If the Mining Lease application is found to be in order, as per the provisions contained in sub rule 4 of Rule 22 of Mineral Concession Rules, 1960, the precise area will be communicated to the applicant with instructions to submit a mining plan.
1. PROCEDURE FOR GRANT OF QUARRY LEASE FOR GRANITE
The application shall be in the prescribed format. (Appendix-VII of Tamil Nadu Minor Mineral Concession Rules, 1959).
Remittance challan towards application fee and preliminary expenses shall be enclosed.
All the required documents such as affidavits for mining due clearance certificate, payment of income tax details, area held under etc. to be enclosed.
The applicant shall ensure surface rights of the area applied for.
FMB sketch, topo sketch and revenue records such as 10 (1) chitta, copy of ‘A’register etc. shall be enclosed.
On communication of the precise area for grant of quarry lease by the Government, the applicant shall produce mining plan to the Commissioner of Geology and Mining. On approval of the mining plan by Commissioner of Geology and Mining the Government will grant quarry lease in favour of the applicant.