MINERAL CONSERVATION & DEVELOPMENT RULES, 1988 (CHAPTER VIII)

As ammended upto 18.01.2000
New Delhi, the 24th October, 1988
CHAPTER VIII
Examination of Minerals and issue of Directives

54. Power to issue directions:

  1. The owner, agent, mining engineer, geologist or manager of every mine shall comply with such directions being directions for purposes of providing for systematic development of mineral deposits, conservation of minerals and for the protection of environment by preventing or controlling pollution which may be caused by prospecting, mining, beneficiation or metallurgical operations, as the Controller General may issue from time to time. A copy of the proposed directions to be issued to any particular mine will be sent by the Controller General to the owner, agent, mining engineer, geologist or manager of the mine concerned, and to the State Government concerned, and any comments received from the owner, agent, mining engineer, geologist or manager of the mine and the State Government within thirty days of the date of service of the notice, shall be duly considered by him before issuing any such directions. General directions applicable to a class of mines shall be issued by the Controller General with the previous approval of the Central Government in consultation with the State Government concerned.
  2. An order made under sub-rule (1) shall-
    1. in the case of an order of a general nature or affecting a class of persons, be notified in Official Gazette; and
    2. in the case of an order directed to a specified individual, be served on such individual, (i) by delivering or tendering it to that individual, or if it cannot be so delivered or tendered, by affixing it on the outer door or some other conspicuous part of the premises in which that individual lives, and a written report thereof shall be prepared and witnessed by two persons living in the neighbourhood.

55. Examination of mineral deposits and taking of samples:

The Controller General or any officer duly authorised by the Government to enter and inspect a mine, may examine any mineral deposit in any area under prospecting licence or mining lease and take samples therefrom at any time for the purposes of these rules.

56. Prohibition of deployment in certain cases:

If any mine or part thereof, which in the opinion of the Controller General, Chief Controller of Mines or the Controller of Mines poses a grave and immediate threat to the conservation of minerals or to environment, he may, by an order in writing to the owner, agent, mining engineer or manager, require him to take such measures as may be specified in the order and may prohibit, until the requirements as specified in the order are complied with to his satisfaction, the deployment of any person other than those required for compliance with the requirement of the order.