MINERAL CONSERVATION & DEVELOPMENT RULES, 1988 CHAPTER III

As ammended upto 18.01.2000

New Delhi, the 24th October, 1988

CHAPTER III

Mining Operations

9. Mining Plan:

  1. No person shall commence mining operations in any area except in accordance with a mining plan approved under clause (b) of sub-section (2) of section 5 of the Act.
  2. The Controller General or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, may require the holder of a mining lease to make such modifications in the mining plan referred to in sub-rule (1) or impose such conditions as he may consider necessary by an order in writing if such modifications or imposition of conditions are considered necessary-
    1. in the light of the experience of operation of mining plan;
    2. in view of the change in the technological development.

10. Modification of mining plan:

  1. A holder of a mining lease desirous of seeking modifications in the approved mining plan as are considered expedient, in the interest of safe and scientific mining, conservation of minerals, or for the protection of environment, shall apply to the Controller General, or the officer authorised in this behalf by the State Government, as the case may be, setting forth the intended modifications and explaining the reasons for such modifications.
  2. The Controller General or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, may approve the modifications under sub-rule (1) or approve with such alterations as he may consider expedient within a period of ninety days.

11. Mining plan to be submitted by the existing lessee:

  1. Where mining operations have been undertaken before the commencement of these rules without an approved mining plan, the holder of such mining lease shall submit a mining plan within a period of one year from the date of commencement of these rules, to the Regional Controller or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, for approval.
  2. If a holder of a mining 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 following authorities:
    1. to the Regional Controller for extension of time up to six months;
    2. to the Controller of Mines for extension of time exceeding six months but not exceeding one year;
    3. to the Chief Controller of Mines for extension of time beyond one year;
    4. to the officer authorised in this behalf by the State Government in respect of mining plan approved by the State Government.
  3. The Regional Controller, Controller of Mines, the Chief Controller of Mines or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, on receiving an application made under sub-rule (2) may, on being satisfied, extend the period for submission of the mining plan for the period mentioned in clause (a),(b),(c) or (d) of the said sub-rule.
  4. The Regional Controller or the officer authorised in this behalf by the State Government, as the case may be, may approve the plan as submitted by the lessee under sub-rule (1) or may require modifications to be carried out in the plan and the lessee shall carry out such modifications and resubmit the modified plan for  approval.
  5. The Regional Controller or the officer authorised in this behalf by the State Government, as the case may be, shall, within a period of 90 days from the date of receipt of the mining plan or the modified mining plan, convey approval or disapproval to the applicant and in case of disapproval shall also convey the reasons for disapproving the said mining plan or the modified mining plan.
  6. 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 of the final decision whenever communicated.
  7. The mining plan submitted under sub-rule (1) shall be prepared by a recognised person.

12. Review of mining plan:


  1. The owner, agent, mining engineer or manager of every mine 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 Regional Controller r the officer authorised in this behalf by the State Government, as the case may be, for approval.
  2. The scheme of mining shall be submitted to the Regional Controller or the officer authorised in this behalf by the State Government, as the case may be, at least one hundred twenty days before the expiry of the five years period, for which it was approved on the last occasion.
  3. The Regional Controller or the authorised officer or the officer authorised in this behalf by the State Government, as the case may be, shall convey his approval or refusal to the scheme of mining within ninety days of the date of its receipt.
  4. If approval or refusal of the scheme of mining is not conveyed to the holder of the mining 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.
  5. The provisions of rules 9, 10 and 13 shall apply to the scheme of mining in the same way as they are applicable to the mining plan.
  6. Every scheme of mining submitted under sub-rule (2) shall be prepared by a recognised person or a person employed under clause (b) of sub-rule (1) of rule 42.

13. Mining operations to be in accordance with mining plans:

  1. Every holder of a mining lease shall carry out mining operations in accordance with the approved mining plan with such conditions as may have been prescribed under sub-rule (2) of rule 9 or with such modifications, if any, as permitted under rule 10 or the mining plan or scheme approved under rule 11 or 12 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 Regional Controller or the authorised officer 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 mine as envisaged under the said mining plan.

14. Prospecting and mining operations:

The prospecting and mining operations shall be carried out in such a manner so as to ensure systematic development of mineral deposits, conservation of minerals and protection of environment.

15. Open cast working:

  1. In open cast workings the benches formed shall be so arranged that the benches in ore/mineral and overburden are separate so as to avoid mixing of waste with the ore/minerals.
  2. The benches in overburden shall be kept sufficiently in advance so that their working do not interfere with the working of ore/minerals.
  3. Orientation of the workings and sequence of mining operations shall be such that different grades of ore/minerals can be obtained simultaneously for blending with a view to achieve optimum recovery of ore/minerals from the deposit.

16. Separate stacking of non-salable minerals:

  1. The overburden and waste material obtained during mining operations shall not be allowed to be mixed with non-salable or subgrade minerals/ores. They shall be dumped and stacked separately on the ground earmarked for the purpose.
  2. The ground selected for dumping of overburden, waste material, the subgrade or non-salable ores/minerals shall be away from working pit. It shall be proved for absence or presence of underlying mineral deposits before it is brought into use for dumping.
  3. Before starting mining operations, the ultimate size of the pit shall be determined and the dumping ground shall be so selected that the dumping is not carried out within the limits of the ultimate size of the pit except in cases where concurrent back-filling is proposed is proposed.

17. Underground mining operations:

  1. Mining operations in underground shall be carried out in such a way so as to achieve optimum ore/mineral recovery.
  2. The method of underground development of the deposit shall be planned in accordance with the method of stoping which shall be selected with due consideration of the geology of the deposit and geomechanical properties of the ore and the adjoining rocks.
  3. The size of development openings, size of blocks and pillars shall be such that the workings remain stable during the development and stoping stages and between such stages.
  4. The stoping practices shall be such as to cause minimum disturbance to the surface.
  5. In case of a doubt as to the optimum ore/mineral recovery under sub-rule (1), or the method of underground development under sub-rule (2), or size of openings, blocks or pillars under sub-rule (3) or the stoping practices under sub-rule (4), it shall be referred to the Chief Controller of Mines for decision.
  6. The Chief Controller of Mines may order such investigations and tests to be carried out as are considered necessary before arriving at a decision on any matter referred to him under sub-rule (5).

18. Subgrade minerals to be brought to surface:

  1. All the subgrade ore/minerals wherever obtained in underground workings shall be brought to the surface instead of leaving or packing them in underground.
  2. As far as practicable the complete width of the ore/mineral body shall be worked:

    Provided that the Chief Controller of Mines may permit in writing leaving of certain portions in underground if it is necessary for the support or protection to the mine workings.

19. Prohibition of reduction of blocks:

All the blocks formed in underground workings shall be regular in size and shape. Once a block is formed it shall not be split or reduced in size until the stage of commencement of stoping:

Provided that the Chief Controller of Mines may permit reduction in the size of blocks on an application in writing made by the owner, agent, mining engineer or manager giving reasons for doing the same.

20. Beneficiation studies to be carried out:

  1. If the Controller General or the authorised officer, having due regard to the nature of mining operations and grade of ore/mineral is of the view that the sub-grade ore/mineral contains certain recoverable product, he may direct the owner, agent, mining engineer or manager of the mine to get the beneficiation investigations carried out.
  2. The report of the beneficiation investigations so carried out shall be submitted to the Controller General or the authorised officer, as the case may be, immediately after the investigation is over.
  3. In a mine having a beneficiation plant, feed products and tailings shall be regularly sampled and analysed at suitable intervals and records of the same maintained in a bound paged book:

    Provided that the Controller General or the authorised officer may require the sampling and analysis to be done at any other interval than in practice.

21. Machinery and plant:

  1. Where heavy earth moving machinery is used in mines, the owner, agent, mining engineer or manager of the mine shall maintain Log Books in respect of each machine showing date-wise account of hours worked, hours not worked, reasons for non-working, consumption of fuel/energy and lubricants and output of the machine during the corresponding working hours. The summary of operation of each machine shall be recorded in the Log Book at the end of each month bringing out the percentage availability and percentage utilisatation of the machine, average hourly performance and average fuel/energy consumption per hour.
  2. Each page of the Log Book shall be numbered and the summary shall be signed and dated by the mining engineer.
  3. The Log Book shall be made available to the authorised officer on demand.

22. Notice for opening of a mine:

  1. The owner, agent, mining engineer or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller an intimation in Form-C of the opening of a mine so as to reach them within fifteen days of such opening.
  2. The intimation in Form-C sent to the regional Controller under sub-rule (1) shall be accompanied with a copy of mining plan approved under clause (b) of sub-section (2) of section 5 of the Act only when the mine is being opened after a lapse of 5 years period from the date of approval of mining plan.

23. Abandonment of mines:

  1. The owner, agent, mining engineer, or manager of every mine shall not abandon a mine or a part of mine during the subsistence of the lease except with prior permission in writing of the Controller General or the authorised officer.
  2. The owner, agent, mining engineer, or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller under registered cover, a notice in Form-D of his intention to abandon a mine or a part of a mine so as to reach them at least ninety days before the intended date of such abandonment.
  3. Such a notice shall be accompanied by plans and sections on a scale of not less than 1 cm = 10 metres setting forth accurately the work done in the mine upto the time of submission of the notice including the measures envisaged for the protection of the abandoned mine or part thereof, the approaches thereto, and the environment:

    Provided that the Controller General may require the plans and sections to be prepared on any other suitable scale.
  4. The Controller General or the authorised officer may by an order in writing made before the proposed date of abandonment, prohibit abandonment or allow it to be done with such conditions as he may specify in the order.
  5. The lease holder shall not abandon a mine or part thereof unless a final mine closure plan duly approved by the Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, is implemented. For this purpose, the lessee shall be required to obtain a certificate from the Regional Controller of Mines or the officer authorized by the State Government in this behalf to the effect that protective, reclamation and rehabilitation work in accordance with the final mine closure plan or with such modifications as approved by the competent authority, have been carried out before abandonment of mine.

23A. Mine Closure Plan.- Every mine shall have Mine Closure Plan, which shall be of two types:-

  1. a progressive mine closure plan; and
  2. a final mine closure plan.

23B. Submission of Progressive Mine Closure Plan.-

  1. The owner, agent, manager or mining engineer shall, in case of fresh grant or renewal of mining lease, submit a progressive mine closure plan as a component of mining plan to the Regional Controller of Mines or officer authorized by the State Government in this behalf as the case may be.
  2. The owner, agent, manager or mining engineer shall, in case of existing mining lease submit a progressive mine closure plan to the Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, for approval within a period of one hundred and eighty days from the date of commencement of this rule.
  3. The owner, agent, manager or mining engineer shall review the progressive mine closure plan every five years from the date of its approval in case of existing mine or from the date of opening of the mine in case of fresh grant or from the date of renewal of mining lease, as the case may be, and shall submit to the Regional Controller of Mines or officer authorized by the State Government in this behalf, as the case may be, for its approval.
  4. The Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, shall convey his approval or refusal of the progressive mine closure plan within ninety days of the date of its receipt.
  5. If approval or refusal of the progressive mine closure plan is not conveyed to the owner, agent, manager or mining engineer of the mining lease within the period as specified in sub-rule (4), the progressive mine closure plan shall be deemed to have been provisionally approved, and such approval shall be subject to final decision whenever communicated.

23C.Submission of final mine closure plan.-

  1. The owner, agent, manager or mining engineer shall submit a final mine closure plan to Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, for approval one year prior to the proposed closure of the mine.
  2. The Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, shall convey his approval or refusal of the final mine closure plan within ninety days of the date of its receipt to the owner, agent, manager or mining engineer.
  3. If approval or refusal of the final mine closure plan is not conveyed to the owner, agent, manager or mining engineer of the mining lease within the period as specified in sub rule (2), the final mine closure plan shall be deemed to have been provisionally approved, and such approval shall be subject to final decision whenever communicated.

23D. The modification of mine closure plan.-

  1. The holder of a mining lease desirous of seeking modifications in the approved mine closure plan, shall submit to the Controller General or the officer authorized by the State Government in this behalf, as the case may be, for approval setting forth the intended modifications and explaining the reasons for such modifications.
  2. The Controller General or the officer authorized by the State Government in this behalf, as the case may be, may approve the modifications as submitted under clause (1) or approve with such alterations as he may consider expedient.

23E. Responsibility of the holder of mining lease.-

  1. The owner, manager or mining engineer shall have the responsibility to ensure that the protective measures contained in the mine closure plan referred to in this rule including reclamation and rehabilitation works have been carried out in accordance with the approved mine closure plan or with such modifications as approved by the Regional Controller or the officer authorized by the State Government in this behalf under this rule.
  2. The owner, agent, manager or mining engineer shall submit to the Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, a yearly report before 1st July of every year setting forth the extent of protective and rehabilitative works carried out as envisaged in the approved mine closure plan, and if there is any deviation, reasons thereof.

23F. Financial assurance.-

  1. Financial assurance, has to be furnished by every leaseholder. The amount of financial assurance shall be rupees twenty five thousand for A category mines and rupees fifteen thousand for B category mines, per hectare of the mining lease area put to use for mining and allied activities. However, the minimum amount of financial assurance to be furnished in any of the forms referred to in clause (2) shall be rupees two lakh for A category mines and rupees one lakh for B category mines.

    Provided that a leaseholder shall be required to enhance the amount of financial assurance with the increase in the area of mining and allied activities.

    Provided further that where a leaseholder undertakes reclamation and rehabilitation measures as part of the progressive closure of mine, the amount so spent shall be reckoned as sum of the financial assurance already spent by the leaseholder and the total amount of financial assurance, to be furnished by the lessee, shall be reduced to that extent;
  2. The financial assurance shall be submitted in one of the following forms to Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, or any amendment to it;
    1. Letter of Credit from any Scheduled Bank;
    2. Performance or surety bond;
    3. Trust fund build up through annual contributions from the revenue generated by mine and based on expected amount sum required for abandonment of mine; or
    4. Any other form of security or any other guarantees acceptable to the authority;
  3. The lessee shall submit the financial assurance to the Regional Controller of Mines or the officer authorized by the State Government in this behalf, as the case may be, before executing the mining lease deeds. In case of an existing mining lease, the lessee shall submit the financial assurance along with the progressive mine closure plan.
  4. Release of financial assurance shall be effective upon the notice given by the lessee for the satisfactory compliance of the provisions contained in the mine closure plan and certified by the Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be.
  5. If the Regional Controller of Mines or the officer authorised by the State Government in this behalf, has reasonable grounds for believing that the protective, reclamation and rehabilitation measures as envisaged in the approved mine closure plan in respect of which financial assurance was given has not been or will not be carried out in accordance with the mine closure plan, either fully or partially, the Regional Controller of mines or the officer authorised by the State Government in this behalf, shall give the lessee a written notice of his intention to issue the orders for forfeiting the sum assured atleast thirty days prior to the date of the order to be issued.
  6. Within thirty days of the receipt of notice referred to in sub-rule(5), if no satisfactory reply has been received in writing from the lessee, the Regional Controller of Mines or the officer authorised by the State Government in this behalf as the case may be, shall pass an order for forfeiting the surety amount and a copy of such order shall be endorsed to the concerned State Government.
  7. Upon the issuance of order by the Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, the concerned State Government may realise any letter of credit or bond or any other surety, guarantee provided or obtained as financial assurance for the purpose of performance of protective, reclamation, rehabilitation measures and shall carry out those measures, or appoint an agent to do so.
  8. .

24. Notice of temporary discontinuance of work in mines and obligations of the lease holders. -

  1. The owner, agent, mining engineer or manager of every mine shall send to Controller General, Controller of Mines and the Regional Controller of Mines a notice in Form D-1 when the mining or mineral processing operations in the mine or part thereof are discontinued for a period exceeding ninety days so as to reach them within one hundred and five days from the date of such temporary discontinuance.
  2. Where the discontinuance takes place as a result of the occurrence of natural calamity beyond the control of the owner, agent, mining engineer or manager of a mine, or in compliance with any order or directions issued by any statutory authority established under any law in force or any tribunal or a court, a telegraphic intimation shall be sent to the Controller General and the Regional Controller within a period of twenty-four hours of such discontinuance, and a notice of discontinuance, under this sub rule shall be submitted to the Controller General, Controller of Mines and the Regional Controller within a period of fifteen days of such discontinuance in Form D-1.
  3. During the temporary discontinuation of mine or part thereof, it shall be the responsibility of the owner, agent, manager or mining engineer to comply with the reasonable prohibitive measures to restrict access for unauthorised entry, provide protective measures to potentially danger sources of electrical and mechanical installations, the mine openings or workings and all other structures. It shall be ensured that all contaminated effluents are controlled and all physical, chemical, biological monitoring programmes have been continued. It shall also be ensured that all rock piles, over burden piles and stock piles and tailings and other water impoundment structure have been maintained in stable and safe conditions.

25. Intimation of reopening of a mine:

The owner, agent, mining engineer or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller an intimation in Form-C of reopening of a mine after temporary discontinuance, so as to reach them within fifteen days from the date of such reopening.

26. Stoping of vein, etc.:

  1. No stoping shall be commenced, conducted or carried out except with prior permission in writing of the Controller General, or the authorised officer.
  2. The owner, agent, mining engineer or manager of every mine shall send to the Controller General, Controller of Mines and the Regional Controller under registered cover a notice in Form-E intimating his intention to commence the stoping of any vein, lode, reef or mineral deposit, so as to reach them at least sixty days before the date of commencement of such operations.
  3. Such notice shall be accompanied by plans and sections on a scale of not less than 1 cm = 10 metres showing the details of the block proposed to be stoped, the manner of stoping, the mineralised and barren zones indicating estimated percentages recovery from stopes:

    Provided that the Controller General or the Chief Controller of Mines, as the case may be, may, by an order in writing and subject to such conditions as he may specify therein, permit or require the plans and sections to be prepared on any other suitable scale.
  4. The Controller General or the authorised officer may by an order in writing made before the proposed date of commencement of stoping operations prohibit the stoping or allow it to be done under such conditions as may be specified in the order.