218/2023-2024
Aizawl, the 19th September 2023: In connection with the newly ammended rules - The Mizoram Minor Minerals (Concession and Prevention of Illegal Mining) Rules, 2023 and the District Mineral Foundation Rules of Mizoram, 2023, the Department of Geology & Mining, Commerce & Industries, Government of Mizoram issued important public notices separately. The public notices are reproduced below for observation and strict compliance.
PUBLIC NOTICE
Consequent upon the amendment of The Mines & Minerals (Development & Regulation) Act 1957 in 2015, the Mizoram Minor Minerals Concession Rules, 2000 is amended by the Government of Mizoram and the new Rules under this Act, The Mizoram Minor Minerals (Concession and Prevention of Illegal Mining) Rules, 2023 was approved and laid in the Mizoram Legislative Assembly on the 22 August, 2023. Simultaneously, the District Mineral Foundation Rules of Mizoram, 2023 was also laid in the House and shall come into force on the date of publication in the Official Gazette.
This District Mineral Foundation Fund shall be utilized for the interest and benefit of persons and areas affected by mining related operations in the District.
District Mineral Foundation Rules of Mizoram, 2023 Esc 13(2)
Every holder of Mining Lease/Permit or a prospecting license-cum-mining lease or in respect of minor minerals shall, in addition to the royalty, pay to the District Mineral Foundation of the District in which the mining operation are carried on, an amount at the rate of 10% of the royalty paid in terms of the Second Schedule to the Mizoram Minor Minerals (Concession and Prevention of Illegal Mining) Rules, 2023 with immediate effect from the date of granting the Mining Leas/Permit or any other concessions permitting the extraction of mineral or with effect from the date on which the DMF was established by the State Government by a Notification in the Official Gazette, whichever is later.
This information is being made for information to the public as the District Mineral Foundation Fund should be remitted along with the royalty payment soon it is published in the Mizoram Gazette.
PUBLIC NOTICE
Consequent upon the amendment of the The Mines & Minerals (Development & Regulation) Act 1957 in 2015, the Mizoram Minor Minerals Concession Rules, 2000 is amended by the Government of Mizoram and the new Rules under this Act, The Mizoram Minor Minerals (Concession and Prevention of Illegal Mining) Rules, 2023 was approved and laid in the Mizoram Legislative Assembly on the 22 August, 2023. This Rules shall come into force on the date of publication in the Official Gazette. The Central Act of 2015 stressed on strict actions to be taken to the illegal extraction and transport, stacking of minor minerals and penalty to be imposed is very heavy and the same is incorporated in the Mizoram Minor Minerals (Concession and Prevention of Illegal Mining Rules, 2023. This Public Notice is made for information of the general public so that illegal extraction, transport and stacking of minor minerals should not occurred
PENALTY.-
46. (1)(a) Whoever raises, transports,stack or causes to be raised or transported the minor minerals without valid mining lease/ permit or on whose behalf such extraction /removal is made otherwise in accordance with these rules or fails to furnish the Challan in Form - O or refuses inspection of such Challan by the Competent Authority or any other officer authorized by him or the Deputy Commissioner or any officer authorized by him, he shall be presumed to be a party to illegal mining or transportation of minor mineral and shall be punished with simple imprisonment which may extend to two years or with fine which may extend to five lakh rupees or with both, and in the case of a continuing contravention, with additional fine which may extend to fifty thousand rupees for every day during which such contravention continues after conviction for the first such contravention.
(b) Fine shall be realized based on the quantum of extraction or transportation which may extend up to ten times the rate of royalty specified for the minor mineral in the Second Schedule without prejudice to other action taken against him under these rules or any other law for the time being in force.
(2) Whenever any person raises, transports or causes to be raised or transported the minor minerals without any lawful authority, any mineral from any land, and, for that purpose, uses any tool, equipment, carrier or any other thing, such mineral or any other thing shall be liable to be seized by the Competent Authority or any other officer authorized by him or the Deputy Commissioner or any officer authorized by him on his behalf, the State Government may recover from such person the mineral so raised, or, where such mineral has already been disposed of, the price thereof and may also be recovered 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 by issuing Seizure Memo in Form-R.
(3) Should any rent, royalty or any other sums due to the State Government under the terms and conditions of these Rules be not paid by the lessee/permit holder within the prescribed times, the same may be recovered together with simple interest due thereon at the rate of 10% per annum on a certificate of such officer as may be specified by the Competent Authority or the State Government.
47. ROYALTY CLEARANCE CERTIFICATE FOR USER AGENCIES OF MINOR MINERALS.-
For the purpose of drawing and obtaining any bill of contractual work or any such work consuming minor minerals, the User Agency or an Agent of a body shall have a Mining Dues Clearance Certificate issued by the competent authority which may be assessed and computable Bills of Quantity (BOQ) issued by the Nodal Agency according to the rates of royalty as specified in the Second Schedule of the Mizoram Minor Minerals (Concession and Prevention of Illegal Mining) Rules, 2023 or penalty as specified in sub-rule (1) of rule 46.
