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Government Of Assam Mines & Minerals Directorate of Geology & Mining

Procedure for Grant of Mining Lease

MAJOR MINERALS

Minerals concession for major minerals are granted under the provisions of MMDR,1957(Amendment,2015),MCR,1960 and MCDR,1988. For major minerals reconnaissance permit, prospecting license and mining lease are granted.

PROCEDURES:

  • An application for grant of mining lease/reconnaissance permit/prospecting license shall be made to the State Government in Form 1/FormA/FormB respectively as per rule 22(1) of Mineral Concession Rule,1960.
  • Application shall be accompanied by non-refundable fee calculated @ of Rs.5.00/sq km or part thereof payable in accordance with MCR, 1960 for reconnaissance permit. For prospecting license @of Rs.250.00/sq.km or part thereof and Rs.250.00 for each additional sq.km. For mining lease Rs.2500.00.
  • A valid clearance certificate in the form prescribed by State Government of payment of mining dues such as royalty, dead rent or surface rent payable under 22(3)(i)(d) of Mineral Concession Rule,1960.
  • In case if applicant does not hold and has not reconnaissance permit, it shall not be necessary for him to produce the said certificate but required to furnish an affidavit to the satisfaction of the State Government.
  • In case the applicant is a partnership firm or a private ltd. Company such certificate shall be furnished by all persons of partnership firm or as the case may be all members of Private Ltd. Company.
  • An affidavit stating that the applicants filed up to date income tax returns paid the income tax assessed on him and paid the income tax on the basis of self-assessment as provided in the income tax Act,1961(43 of 1961) as per rule 22(3)(i)(f) of MCR,1960 to be furnished.
  • An affidavit showing particulars of areas mineral wise in the State, which the applicant or any person jointly with him already holds under
    (i) a reconnaissance permit
    (ii) applied for but not granted
    (iii) being applied simultaneously, as per rule 22(3)(i)(g),of MCR,1960 to be furnished.

  • A statement in writing that the applicant has, where land is not owned by him, obtained surface rights over the area or has obtained consent of the owner for starting mining operations as per rule 22(3)(i)(h) of MCR,1960.
  • Applicant shall attached cadastral map showing applied area and detailed statement of area applied for.
  • Memorandum and Articles of Association of Company/Deed of registration of company and deed of partnership of firm/company.
  • In respect of Minerals specified in schedule 5(1) of Mines and Minerals(Development & Regulation) Act,1957,prior to approval of Govt. of India has to be obtained before grant of mining lease as per the provision of section 5(1)of MMDR,1957.
  • As per the section 5(2) of MMDR,1957 no mining lease shall be granted unless the area applied for has been prospected earlier or existence of mineral contents has been established.
  • As per section 6(1)(b) of MMDR,1957,if the total area hold under mining lease together with the area applied for grant of lease exceeds 10.00sq.km.clearance from the Govt.of India.
  • If the area is not continuous or compact block relaxation of section 6 (1)(c) of MMDR,1957 from the State Govt. has to be obtained.
  • If the area applied for mining lease >5.00 and<50.00hects the clearance for the State environment impact assessment authority is necessary and for >50.00 hects clearance from the Ministry of Environment is necessary for using forest area for non-forest purposes.
  • If the mining lease applications is found to be in order, as per provisions contained in sub rule 4 of rule22 of MCR,1960,the precise area will be communicated to the applicant with instructions to submit a mining plan.
  • Before the execution of deed, an applicant shall deposit a sum of rupees as security deposit for (i) reconnaissance permit Rs.20.00/sq.km.or part thereof, for prospecting license Rs.250.00/sq.km.and Rs.10000.00 for mining lease.
  • Every mining lease holder shall have to prepare EIA and EMP for mining lease area more than 5 hect and obtain permission for Govt.of India as per prevalent rules
  • All mining lease holder shall pay in theDMFT as per rule 9B of MMDR,2015.

For minor minerals

               Procedure for the grant of mining lease/contracts/permit of minor minerals of X and Y schedule as per the Assam Minor Mineral Concession Rule, 2013.

  • The application shall be in the prescribed format ML-1 of AMMCR,2013.
  • No persons shall undertake any prospecting or mining operation activity in respect of any minerals in any part of the State, except under and in accordance with the terms and condition of a permit/Pl/ML or a mining contract as the case may be.
  • No mining lease shall be granted by the competent authority unless it is satisfied that there is evidence to show that the area for which grant of mining lease is considered has been prospected for minor minerals or existence of minor minerals therein has been established otherwise.
  • All required documents such as affidavits for mining dues clearance certificate, payment of income tax details, area held under etc. to be enclosed.
  • The applicant shall ensure surface rights of the area applied for.
  • On communication of the precise area for grant of quarry lease by the Govt.,the applicant shall produce mining plan to the Director, Directorate of Geology and Mining. On approval of mining plan by the Directorate, the Govt. will grant mining lease/contract/permit in favour of the applicant.
  • All mining lease/contracts/permit/registration/transfer shall exercise as per ML-1,MC-1,MPS-1Ml-2,ML-4 respectively of AMMCR,2013.
  • All mining lease holder shall have the approval of State Environment Impact Assessment Authority for forest area of more than 5.00 hect.
  • All mining lease/contract/permit holder shall pay the royalty,deadrent, surface rent as prescribed in AMMCR,2013.
  • All mining lease holder shall pay in the DMFT as per 15A of MMDR,2015.

FOR PETROLEUM AND NATURAL GAS

Fees to be deposited under GSR(E) 899(E),25th Nov,2009.

For PML

  • Initial lease fee-Rs.200000.00
  • Preliminary expences-Rs.120000.00
  • Security deposit-Rs.800000.00

For PEL

  • Initial lease fee-Rs.100000.00
  • Security deposit-Rs.200000.00

Dead rent-

  • 100.00 per hect or part thereof for the first 100 sq.km.
  • 200.00 per hect or part thereof for area exceeding 100 sq.km.

Stamp duty @ of 3% of dead rent per Indian Stamp(Assam Amendment Act)2013.