MINERAL CONSERVATION & DEVELOPMENT RULES CHAPTER VI

As ammended upto 18.01.2000
New Delhi, the 24th October, 1988
CHAPTER VI
Employment of Qualified persons

42. Employment of geologist and mining engineer:

  1. For the purpose of carrying out prospecting and mining operations in accordance with these rules:
    1. every holder of a prospecting licence shall employ a part-time or whole-time geologist or mining engineer; and
    2. every holder of a mining lease shall employ-
      1. in case of the following category "A" mines, a whole-time mining engineer, namely:-
        1. fully mechanized category "A" mines which shall be such mines where the work is being carried out by deployment of heavy mining machinery for deep hole drilling, excavation, loading and transport, and
        2. other than fully mechanized category "A" mines which shall be such mines where the number of average employment exceeds one hundred and fifty in all or seventy-five in workings below ground, or a mine where any of the mining operations like deep hole drilling, excavation, loading and transport is carried out with the help of heavy machinery.

        Provided that if any doubt arises as to whether any mine is a category "A" mine, it shall be referred to the Controller General for decision.
      2. in the case of any other mine, referred to as category "B" mine, either a part-time mining engineer or a full-time person permitted to be employed in terms of the provisions of sub-rule (6).

    3. Explanation: The expression "average employment" means the average per day of the total employment of the mine during the preceding quarter (obtained by dividing the number of man days worked by the number of working days).
  2. The part-time geologist or mining engineer may be employed up to a maximum of six prospects or mines, provided that all such prospects or mines are located within a radius of 50 kilometers.
  3. The Controller General may, if he is considers necessary on geological considerations, require the holder of a mining lease to also employ a part-time or whole-time geologist.
  4. If the holder of a prospecting licence or mining lease is a geologist or mining-engineer, he may appoint himself as the geologist or mining engineer for the purpose of sub-rule (1).
  5. A mining engineer or geologist employed by the holder of a prospecting licence or mining lease shall possess the qualifications specified below:-

    Geologist: A postgraduate degree in Geology granted by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, including any institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification.

    Mining Engineer: A degree in Mining Engineering granted by a University established or incorporated by or under a Central Act, a Provincial Act or a State Act, including any institution recognized by the University Grants Commission established under section 4 of the University Grants Commission Act, 1956 or any equivalent qualification.
  6.  
    1. Persons possessing the qualifications and experience corresponding to the category of mines as laid down in the Table below shall be eligible to be employed in respect of the category of mines specified:
    2. TABLE

      Qualifications Experience Category of Mines
      (1) (2) (3)
      (i) Diploma in Mining or Post- graduate Degree in Geology with First Class Matelliferrous Mine Manager's Certificate Nil All category 'B' Mines
      (ii) Holder of First Class Metalliferrous Mine Manager's Certificate Two years experience after obtaining the Certificate All category 'B' Mines
      (iii)Diploma in Mining or Post-graduate Degree in Geology or equivalent 3 years experience in supervisory capacity in mine All category 'B' Mines
      (iv) Graduate in Geology or holder of Second Class Metalliferrous Mine Manager's Certificate 5 years experience after graduation or one year's experience after obtaining the Certificate All category 'B' Mines
      (v) Secondary School Leaving Certificate with Mines Foreman's Certificate 5 years experience as a Mine Foreman/Mate All open cast mines of Category 'B'
    3. The person permitted to be employed in lieu of mining engineer shall be bound by these rules in the same way as the mining engineer.
  7. Where, due to reduction in average employment in the mine, a category "A" mine qualifies to become a category "B" mine, the employment of a mining engineer as required for category "B" mine may be done only with previous permission in writing of the Controller General or the authorized officer and subject to such conditions as he may specify.

43. Duties of geologist:

  1. It shall be the duty of the geologist to conduct prospecting operations in accordance with the provisions of these rules.
  2. He shall -
    1. prepare the necessary geological plans and sections which are required to delineate the ore body;
    2. calculate ore reserves and its grade;
    3. be responsible for providing all the necessary information required for controlling the quality of the minerals produced;
    4. maintain proper records of the prospecting operations and records of sinking of shafts and boreholes as provided under these rules;
    5. work out the appropriate method of sampling and ensure preparation of samples accordingly;
    6. maintain an assay plan in cases of underground workings;
    7. maintain all technical data for determining the shape and size of each stope block.
    8. update the reserve figures, grade-wise and category-wise at the end of every year in case of a working mine;
    9. identify the associated rocks and minerals and maintain proper records of the stacks of non-salable/sub-grade ores and minerals produced.
    10. carry out all such orders and directions as may be given in writing under these rules by the Controller General or the authorized officer and shall forward a copy of all such orders or directions to the holder of the prospecting licence or, as the case may be, the mining lease.

44. 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 minerals, systematic development of the mineral deposits and protection of environment in and around the mining lease area in accordance with these rules.
  2. He shall be responsible for the preparation and maintenance of plans, sections, reports and schemes in accordance with these rules.
  3. He shall be responsible for carrying out the study of the associated rocks and minerals, identifying them and stacking the various minerals produced separately.
  4. He shall carry out all such orders and directions as may be given in writing under these rules by the Controller General or the authorized officer and shall forward a copy of such orders or directions to the holder of prospecting licence or, as the case may be, the mining lease.
  5. Wherever the mining engineer is appointed to supervise the prospecting operations under rule 42, he shall also carry out the duties of the geologist.
  6.  
    1. The mining engineer shall ensure that there is sufficient provision of proper materials, appliances and facilities at all times at the mine for the purpose of carrying out the provisions of these rules and orders issued there under and where he is not the owner or agent of the mine, 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 a bound paged book kept for the purpose.
    2. On receipt of a requisition under clause (a), the owner or agent shall provide as soon as possible the materials and facilities requisitioned by the mining engineer.