MINERAL CONSERVATION & DEVELOPMENT RULES, 1988 CHAPTER I

  • Short title and commencement:
    • These rules may be called the Mineral Conservation and Development Rules, 1988.
    • They shall come into force from the date of their publication in the Official Gazette.
  • Application:
    These rules shall apply to all minerals except:
    • petroleum and natural gas;
    • coal, lignite and sand for stowing;
    • any mineral declared as prescribed substances for the purpose of the Atomic Energy Act, 1962 (33 of 1962); and
    • minor minerals.
  • Definitions:

    In these rules, unless the context otherwise requires:
    • "abandonment of mine" means final closure of a mine either whole or part thereof when the mineral deposits within mine or part thereof, have been fully extracted or when the mining operations have become uneconomic;
      • "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957);
    • "agent", when used in relation to a mine, means any person whether appointed as such or not, who acts as the representative of the owner in respect of the management of the mine or any part thereof;
    • "authorised officer" means any officer of the Indian Bureau of mines duly authorised in writing by the Controller General, Indian Bureau of Mines to perform the functions under these rules;
    • "beneficiation" means processing of minerals or ores for the purpose of
      • regulating the size of a desired produce;
      • removing unwanted constituents; and
      • improving quality, purity or assay grade of desired product:
    • "Boring" or "drilling" means the penetration of alluvial material, rocks or formations by holes for obtaining geological information, and for drawing samples therefrom;
    • "Chief Controller of Mines" means the Chief Controller of Mines of the Indian Bureau of Mines;
    • "Controller General" means the Controller General of the Indian Bureau of Mines;
    • "Controller of Mines" means the Controller of Mines of the Indian Bureau of mines;
    • "development" means the driving of an opening to, or in an ore-body or seam or removing overburden or unproductive or waste materials as preparatory to mining or stoping;
    • "environment" and "environmental pollution", shall have the same meanings, assigned respectively to these terms in the Environment (Protection) Act, 1986 (29 of 1986);
      • "final mine closure plan" means a plan for the purpose of decommissioning, reclamation and rehabilitation in the mine or part thereof after cessation of mining and mineral processing operations that has been prepared in the manner specified in the standard format and guidelines issued by the Indian Bureau of Mines;
      • "financial assurance" means the sureties furnished by the leaseholder to the competent authority so as to indemnify the authorities against the reclamation and rehabilitation cost;
    • "Form" means a Form set forth in Schedule to these rules;
    • "geologist" means a person appointed in writing by the owner or agent to perform the duties of a geologist under these rules;
    • "manager" when used in relation to a mine, 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 section 17 of the Mines Act, 1952 (35 of 1952);

      mine closure means steps taken for reclamation, rehabilitation measures taken in respect of a mine or part thereof commencing from cessation of mining or processing operations in a mine or part thereof;
    • "mining engineer" means a person appointed in writing by the owner or agent to perform the duties of a mining engineer under these rules;
    • "mining plan" means a mining plan prepared under section 5 of the Act and the rules made thereunder;

      "progressive mine closure plan" means a progressive plan, for the purpose of providing protective, reclamation and rehabilitation measures in a mine or part thereof that has been prepared in the manner specified in the standard format and guidelines issued by Indian Bureau of Mines;
    • "prospect" means an area where prospecting operations for minerals are being carried out and includes any area held under prospecting licence;
    • "recognised person" means a person granted recognition by the competent authority to prepare mining plan;
    • "Regional Controller" means the Regional Controller of Mines of the Indian Bureau of Mines;
    • "shaft" means a vertical or inclined way or opening leading from the surface to workings below ground or from one part of the workings below ground to another, and includes an incline;
    • "stoping" means making any underground excavation other than development working made for the purpose of winning ores or minerals and includes extraction or splitting or reduction of pillars or blocks of minerals;

      "temporary discontinuance" means the planned or unplanned suspension of mining operations in a mine or part thereof and where the operations are likely to be resumed after certain time;
    • "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;
    • all other words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.