THE TAMIL NADU MINOR MINERAL CONCESSION RULES, 1959

1 · Short title, extent, application and commencement :-

1 · [2. Definitions: -In these rules, unless the context otherwise requires :-

2 · ["Act" means the Mines and Minerals (Development and Regulation ) Act, 1957 (Central Act 67 of 1957);]

1 · Rule 2 Substituted by G.O.Ms.No.166 Industries 16.6.94 w.e.f. 22.6.94.

2 · Substituted vide G.O.Ms.No.86 Industries 22.2.2001 .

1 · [(5-A) ‚Granite‛ Means dolerites, granite gneisses, migmatites, gabbros, anorthosites, rhyolites, syenites, leptynites, charnockites and any other igneous and orthometamorphic rock types which are -

2 · [(5-B) ‚Local body or bodies‛ shall mean and include a village panchayat, a town panchayat, a township, a municipality, a corporation as defined in the respective Act under which each of the above bodies is constituted and in the rules made under the respective Act;]

1 · Inserted vide G.O.Ms.No.86 Industries 22.2.2001 .

2 · Originally introduced as 5A vide G . O . ms . No . 3 Industries 2 . 1.98 , renumbered as 5B vide G . O.Ms . No . 86 Industries 22 . 2 . 2001

1 · [3. Grant of Quarrying permits:-

1 · Rules 3 substituted by G.O.Ms.No.166 Industries dated 16.6.94 w . e.f.22.6.94

2 · Substituted vide G.O.Ms.No.35 Industries dated 24.1.2000

3 · Omitted vide G.O.Ms.No.35 Industries 24.1.2000

2 · [4. Removal of sand from port limits:-

1 · Substituted vide G.O.Ms.No.35 Industries dated 24.1.2000

2 · Rules 4, 5 and 6 substituted vide G.O.Ms.No.166 Industries dated 16.6.94 w.e.f. 22.6 . 94

5 · Quarrying in Reserve Forest:-

6 · Quarrying for domestic or agricultural or other specific purposes:-

1 · In river beds and unreserved lands at the disposal of the Government including poramboke other than village or town sites and bunds of drinking water ponds or tanks -

1 · [7. Quarrying for public purposes:- (1) Quarrying of minor minerals other than granite from unreserved waste including poramboke other than bunds of drinking water ponds or tanks may be permitted by the District Collector on payment of the cost of minerals and seigniorage fee as may be prescribed from time to time, in the case

1 · Substituted vide G.O.Ms.No.168 Industries, (MMC.2) dated 18.09.2012

1 · [8. Leasing of lands for quarrying minor minerals other than the minerals covered under rules 8 -A and 8 -C of these rules: -

3 · [Provided that in respect of stone quarries, publication of the notice in the District Gazette shall be made only after a notification is made in the District Gazette inviting applications for direct grant of leases to the special categories under sub-rule (10-A) of this rule. An area for stone quarry lease not notified in the notification under sub -rule (10-A) shall not be included in the notice to be published subsequently under this clause] .

1 · Rules 8 substituted vide G.O.Ms.No.166 Industries dated 16.6.94 w.e.f. 22.6.94

2 · Inserted vide G . O.Ms . No . 104 Ind. dt . 17 . 7.96

3 · Inserted vide G . O.Ms . No . 635 Ind . dt . 3 . 8 . 99

4 · Substituted vide G . O . Ms . No . 3 Industries 2.1.98 w . e . f . 1 . 4.98, vide G . O . Ms . No . 53 Industries 26 . 2.98

1 · Substituted vide G . O . Ms . No . 104 Industries dated 17 . 7.96

2 · Substituted vide G . O . Ms . No . 195 Industries 3.10.96

3 · Substituted vide G . O . Ms.No . 3 Ind . dt . 2 . 1 . 98 w . e.f.1 . 4 . 98

1 · [(5)) (a) (i) 2 [Before opening tender applications received for each area for which applications are invited through notification and advertisement an auction shall be conducted in which all eligible applicants who made payment of application fee as applicable from time to time and earnest money deposit of 3 [Rs.25,000/-]

1 · Sub rule 8(5) Substituted vide G.O.Ms.No.104 Industries dated 17.7.1996

2 · Substituted vide G . O . Ms . No . 195 Ind. 3 . 10.96

3 · Substituted vide G . O . Ms . No . 15, Industries, dated 22 . 01.97

4 · Substituted vide G . O . Ms . No . 275, Industries, dated 13.10.97

1 · [(b) (i) Before opening the tender applications received for each area an auction shall be conducted by the District Collector or the Officer authorised by the district Collector allowing the tender applicants as well as others to bid at the auction for making further offer of lease amount to obtain the area on lease. Immediately after the conclusion of the auction all the valid tender applications for the area shall be opened and examined by the district Collector or the authorised Officer] .

1 · Substituted vide G . O . Ms . No . 104, Industries, dated 17.07.96

2 · Substituted vide G . O . Ms . No . 275 Industries dated . 13.10.97

3 · Substituted vide G . O . Ms . No . 104 Industries dated 17 . 7.96

1 · Substituted vide G . O . Ms . No . 3, Industries, dated 2.1.98 w . e . f . 1 . 4.98

2 · Substituted vide G . O.Ms . No . 104, Industries, dated 17 . 7 . 96

3 · Substituted vide G . O . Ms . No . 275, Industries, dated . 13.10.97

1 · Substituted vide G . O . Ms . No . 183, Industries(MME.1), dated.28.12.2017

2 · Substituted vide G . O . Ms . No . 195, Industries, dated 03.10.96

1 · [The period of lease for quarrying stone in respect of the virgin areas, which have not been subjected to quarrying so far, shall be ten years. The period of lease for quarrying stone in respect of other areas shall be five years. The period of lease for quarrying sand and other minor minerals, other than the minerals covered under rules 8 -A and 8 -C of the said Rules, shall not exceed three years and shall not be less than one year and shall be subject to the following conditions, namely:-

2 · [(b) 1[In respect of leases granted under this rule, all lessees, besides the one time payment of the bid amount] 1 tender amount, which is the

1 · Substituted vide G . O . Ms . No . 391, Industries, dated 17.11.2000

2 · Substituted vide G . O . Ms . No . 235, Industries, (MMC1) dated 19 . 12 . 96

2 · [(10 -A) (a) Notwithstanding anything contrary contained in this rule, the District Collector shall by notification in the District Gazette published in the month of April every year call for applications for direct grant of leases of stone quarries to the 3 *‚Swarna Jayanthi Gram Swarozgar Yojana Scheme Groups (hereinafter called SGSY groups)‛] registered either under the Tamil Nadu Co -operative Societies Act, 1983 (Tamil Nadu Act 30 of 1983) or under the Tamil Nadu Societies Registration Act, 1975 (Tamil Nadu Act 27 of 1975) and the Societies formed by released bonded labourers, subject to the following conditions, namely :-

1 · Substituted vide G . O . Ms . No . 100, Industries, dated 4 . 4.97

2 · Sub rule 8 (10A) substituted vide G . O . Ms . No.635, Industries, dated 3 . 8 . 99

3 · Substituted vide G . O . Ms . No . 303 Industries dated 25 . 8 . 2000

1 · Substituted vide G . O . Ms . No . 303, Industries, dated 25 . 8 . 2000

1 · Substituted vide G.O.Ms.No.303 Industries dated 25.8.2000

2 · Substituted vide G.O.Ms.No.303 Industries dated 25.8.2000

1 · [8 -A. Lease of quarries to private persons in respect of 2 [Granite]

1 · Rule 8A was substituted vide G.O.Ms.No.103 Industries dated 13.7.96

2 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

3 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

2 · [(c) The minimum area that may be granted or renewed under this rule shall not be less than one hectare and the maximum area shall not exceed fifty hectares.

1 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

2 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

1 · Substituted vide G.O.Ms.No.152 Industries dated 26 . 8.96

2 · Substituted vide G.O.Ms.No.273 Industries dated 13 . 10.97

1 · Substituted vide G.O.Ms.No.273 Industries dated 13 . 10.97

2 · Substituted vide G.O.Ms.No.152 Industries dated 26 . 8.96

3 · Substituted vide G.O.Ms.No.152 Industries dated 26 . 8.96

1 · Substituted vide G.O.Ms.No.273 Industries dated 13 . 10.97

1 · Substituted vide G.O.Ms.No.273 Industries dated 13 . 10.97

1 · Substituted vide G.O.Ms.No.273 Industries dated 13 . 10.97

1 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

2 · Deleted vide G.O.Ms.No.86 Industries dated 22.2.2001

3 · Substituted vide G.O.Ms.No.183 Industries(MME.1), dated 28.12.2017

1 · Substituted vide G.O.Ms.No.273 Industries dated 13 . 10.1997

2 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

3 · Deleted vide G.O.Ms.No.86 Industries dated 22.2.2001

1 · [(11) (a) The lease granted under this rule may be renewed for a period not exceeding twenty years.

1 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

1 · under this rule":] 1

8 · -B. 1

2 · [8 -C. 3[Quarrying of granite by the State Government and granting of lease to a State Government Company or Corporation] . -

1 · Rule 8 -B Omitted vide G.O.Ms.No.608, Industries dated 2.9.89

2 · Rule 8C substituted vide G.O.Ms.No.157 Industries dated 25.5.98

3 · Inserted vide G.O.Ms.No.86 Industries dated 22.2.2001

1 · [(a)] The District Collector or the District Forest Officer, as the case may be, shall forward the application to the State Government through the Director of Geology and Mining specifying the conditions those should be laid down while granting the lease for the area applied for. On receipt of the application along with the recommendation of the District Collector or the District Forest Officer, as the case may be, the Director of Geology and Mining shall forward the same along with his recommendation to the State Government. The State Government shall pass order granting or refusing to grant the quarrying lease to the applicant.

1 · Inserted vide G.O.Ms.No.86 Industries dated 22.2.2001

1 · [The maximum period for which a quarry lease may be granted shall not exceed thirty years:

1 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

2 · Substituted vide G.O.Ms.No.183 Industries(MME.1), dated 28.12.2017

1 · [8 -D.] [ ]

2 · [8 -E.] Levy and collection of one time lease amount for granite quarries granted under the erstwhile rule 39.-

1 · Rule 8D Struck down by High Court, Madras and the order of the H.C, upheld by S.C in civil appeals 1655 etc, (AIR 1995-S.C. pages 858 to 865)

2 · Rule 8E introduced in G.O . Ms.No.603/IND dated 17 . 9.1998

1 · [9. Omitted.]

2 · [10. Handing Over of leasehold area and eviction of unlawful occupant:-

3 · [(1) The lessee shall hand over possession of the leasehold land to the Collector or the district Forest Officer, as the case may be on the next day immediately after the expiry of the period of the lease or termination or cancellation of the lease by filing an affidavit to the above effect and the lessee shall obtain acknowledgement for handing over of the affidavit from the office of the Collector or the District Forest Officer as the case m ay be.

1 · Omitted vide G.O.Ms.No.166 Industries dated 16.6.1994

2 · Rule 10 introduced vide G . O.Ms.No.964 Industries dated 9.8.1988

3 · Substituted vide G.O.Ms.No.166 Industries dated 16 . 6.1994

1 · [11. Registration of leases :Leases for working minor minerals granted under these rules are compulsorily registerable under section 107 of the Transfer of Property Act, 1882 (Central Act IV of 1882) and shall be got registered at the expense of lessees;]

12 · Removal of sand, etc., from lands and tanks in-charge of some departments :-

2 · [(2)(a)Notwithstanding anything contained in these rules, for quarrying clay, silt, savudu and gravel from the beds of tanks, channels and reservoirs in the State (except Chennai,

1 · Rule 11, Substituted vide G.O.Ms.No.166 Industries dated 16 . 6.1994

2 · Sub Rule 2of Rule 12, Substituted vide G.O.Ms.No.50 Industries(MMC1) dt 27.04.2017

1 · Substituted vide G.O.Ms.No.74 , Industries(MMC1)dept . dt 21.06.2017

1 · Substituted vide G.O.Ms.No.74 , Industries(MMC1)dept . dt 21.06.2017

1 · Sub Rule 2of Rule 12, Substituted vide G.O.Ms.No.50 Industries(MMC1) dt 27.04.2017

13 · Powers to Municipal Councils and Panchayat Boards :-

14 · Removal of sand by and for the Railway Administration :-

15 · Quarrying or removal of sand in certain river beds :-

16 · Prohibition of under -tunneling:-

3 · [RYOTWARI LANDS IN WHICH THE MINERALS BELONG TO GOVERNMENT]

17 · Quarrying by the Owner :-

1 · Inserted in G . O.Ms.No.166 Industries dated 16.6.1994

2 · Inserted vide G.O.Ms.No. 38 Industries dated 25.1.2000 w.e.f.25.1 . 2000

3 · Substituted vide G.O.Ms.No.130 Industries dated 8.2 . 1986

18 · 1

3 · [19. Procedure for obtaining quarrying lease in ryotwari lands :-

1 · Substituted vide G.O.Ms.No.322 Industries dated 2.3 . 1988

2 · Substituted vide G.O.Ms.No.1273 Industries dated 9 . 12.1998

3 · Substituted vide G.O.Ms.No.166 Industries dated 16 . 6.1994

1 · [(a) Every brick manufacturing unit, whether chamber kiln or country kiln, for the purpose of obtaining permit for quarrying brick earth shall apply to the District Collector concerned for registration in Form IV in Appendix IV-A to these rules with a registration fee for Rs. 3,000/- (Rupees three thousand only) in the case of chamber kiln and a registration fee of Rs. 300/ -(Rupees three hundred only) in case of country kiln, remitted in the District Treasury by way of challan. On receipt of an application, the District Collector shall issue a certificate of registration in Form V in Appendix IV -A to these rules. The certificate of registration issued shall be valid for three years and shall be renewed once in three years on payment of fifty percent of the registration fee.

1 · Substituted vide G.O.Ms.No.39 Industries(MMC2) Dept. dated 04.04.2017

1 · [19 -A. Prospecting license and Quarrying lease for granite in ryotwari lands.

1 · Rule 19A Substituted vide G.O.Ms.No. 86 Industries dated 22.2.2001

1 · [19 -B.]

2 · [20. DISPOSAL OF APPLICATION: -

1 · Rule 19 B struck down by High Court, Madras and the order of the High Court upheld by Supreme Court in civil appeals 1655 etc (AIR 1995-SC pages 858 to 865)

2 · Substituted vide G.O.Ms.No.191 Industries dated 8.6 . 2000

1 · [21. Omitted]

2 · [22. Conditions to be accepted and security to be deposited for quarrying in ryotwari lands:-

23 · Registered holder and lessee held responsible for working mine properly :-

1 · Omitted vide G.O.Ms.No.166 Industries dated 16.6.1994

2 · Substituted vide G.O.Ms.No.166 Industries dated 16 . 6.1994

1 · [24. Omitted]

25 ·

26 · Accidents and discovery of other minerals to be reported: -

27 · Assignment prohibited :-

28 · 5

1 · Omitted vide G.O.Ms.No.166 Industries dated 16.6 . 1994

2 · Inserted vide G.O.Ms.No.556 Industries dated 5.4.1998

3 · Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

4 · Submitted vide G.O.Ms.No.86 Industries dated 22.2 . 2001

5 · Substituted vide G . O . Ms . No.166 Industries dated 16 . 6 . 1994

29 · Lands rendered unfit for cultivation not eligible for remission :-

2 · [30. Omitted]

2 · [30 -A. Omitted]

2 · [31. Omitted]

2 · [32. Omitted]

33 · Leasing out of Quarrying rights :-

1 · Inserted vide G . O . Ms.No.166 Industries dated 16 . 6.1994

2 · Omitted in G . O . Ms.No.166 Industries dated 16 . 6.1994

2 · 2 [in these rules.] 2 The agreement shall be in the form set out in Appendix V to these rules.

34 · Agreement to be registered :-

1 · [36. General restrictions in respect of quarrying operations :-

1 · Rule 36 substituted in G.O.Ms.No.166 Industries dated 16.6.94 w.e.f.22.6.94

2 · Omitted in G . O.Ms.No.286 Industries dated 1.4.99

1 · [Provided that notwithstanding anything contained in any law for the time being in force or any provision in any lease deed or agreement already executed under these Rules, there shall be no quarrying of sand in any river bed or adjoining are or any other area which is located within 500 metres radial distances from the location of any bridge, water supply system, infiltration well or pumping installation of any of the local bodies or Central or State Government Department or the Tamil Nadu Water Supply and Drainage Board head works or any area identified for locating water supply schemes by any of the above -mentioned Government Departments or other bodies].

1 · Substituted vide G.O.Ms.No.38 Industries dated 25.1.2000

2 · [(ii-a) 'stone' shall mean rough stones including khandas, boulders, size -reduced (broken or crushed) materials including metal jelly, ballasts, mill stones, hand chakais and building and road

1 · Inserted vide G.O.Ms.No . 88 Industries MMC1 dated 18.10.2002

2 · Inserted vide G.O.Ms.No . 647 Industries dated 6.08.1999

1 · [(iii)'inhabited site' shall mean a village site or town site or a house site as referred to in the revenue records or a house site or layout approved by a Local Body or Town or Country or Metropolitan Planning Authority, where the said Body or Authority is created under a statute and empowered to approve such an area as a house site or layout area.]

1 · Substituted vide G.O.Ms.No . 286 Industries dated 1.04.1999

1 · [(aa) Joint Director (Geology and Mining), Deputy Director (Geology and Mining), Assistant Director (Geology and Mining), Assistant Geologist, Special Tahsildar (Mines) Special Deputy Tahsildar (Mines) and Special Revenue Inspector (Mines) in the district officers of the Department of Geology and Mining and Presidents of Village Panchayats, Executive Officers of Town Panchayats or Townships and the Commissioners of Municipalities or Corporations shall exercise the powers and discharge the duties as may be required and as the circumstances of the cases warrant in respect of the provisions of clause (a) and within their respective jurisdiction:

1 · Inserted in G.O.Ms.No.3 Industries dated 2.1.98 w.e.f 1.4.98

1 · [(bb) In respect of minor minerals namely, building and road construction stones including gravel, ordinary sand, earth and turf and ordinary clay including silt, brick and tile clay occurring in any land except those lands constituted as reserved forests under section 16 of the Tamil Nadu Forests Act, 1882 (Tamil Nadu Act V of 1882) and reserved lands notified under section 26 of the said Act V of 1882, the Presidents of Village Panchayats, Executive Officers of Town Panchayats and Townships and Commissioners of Municipalities and Corporations shall collect lease amount, seigniorage fee or dead rent or area assessment or any other payment as the case may be , in relation to the lessees or permit holders; sign and issue transport permits and despatch slips to the quarrying permit holders and lessees and collect penalty amount and compounding fee from the persons liable to pay the penalty or compounding fee as the case may be:

1 · Inserted G.O . Ms.No.3 Industries dated 2.1.1998 w.e.f. 1.4.1998

1 · [(dd) The Joint Director (Geology and Mining), Deputy Director (Geology and Mining), Assistant Director (Geology and Mining), Assistant Geologist, Special Tahsildar (Mines), Special Deputy Tahsildar (Mines) and the Special Revenue Inspector (Mines) in the District Offices of the Department of Geology and Mining and the Presidents

1 · Inserted G.O . Ms.No.3 Industries dated 2.1.1998 w.e.f. 1.4.1998

1 · [36 -A. Penalties:

2 · [Whenever any person contravenes the provisions of 3 [ subsection (1) and (1-A) of section 4] of the Act in any land, enhanced seigniorage fee upto a maximum of fifteen times the normal rate subject to a minimum of 4 [twenty five thousand rupees] shall be charged and recovered from that person by the District Collector or the District Forest Officer as the case may be or in the alternative, he shall liable to be punished as provided in subsection (1) of section 21 of the Act :]

5 · [Provided that in respect of minor minerals namely, building and road construction stones including gravel, ordinary sand, earth and turf, ordinary clay including silt, brick and tile clay the powers and duties exercisable and dischargeable by the District Collectors under this sub -rule shall be exercisable and dischargeable by the Revenue Divisional Officer concerned within their respective jurisdiction.]

6 · [Deleted]

1 · Rule 36A introduced vide G.O.Ms.no.166 Industries dated 16.6.1994

2 · Substituted vide G.O.Ms.No.49 Industries dated 28.2.1995

3 · Substituted vide G.O.Ms.No.13 Industries dated 20.1.2003

4 · Substituted vide G.O.Ms.No.253 Industries dated 26 . 6.2000

5 · Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

6 · Deleted vide G.O.Ms.no.49 Industries dated 28.2.1995

1 · [Provided that in respect of minor minerals namely, building and road construction stones including gravel, ordinary sand, earth and turf, ordinary clay including silt, brick and tile clay the powers and duties exercisable and dischargeable by the District Collectors under this sub -rule shall be exercisable and dischargeable by the Revenue Divisional Officer concerned within their respective jurisdiction.]

2 · [Whenever any person] contravenes the provisions of sub-rule (1) of rule 10 and in unlawful possession of any land the Director of Geology and Mining or the Chief Conservator of Forests, as the case m ay be, or the District Collector or the District Forest Officer, as the case maybe, shall, after giving notice, charge and recover from that person double the rate of the lease amount where the area was held under lease through public auction or its renewal or tender or double the total seigniorage fee where the area was held under lease through any other provisions of these rules, or in the alternative, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both and in the case of continuing contravention, with additional fine which may extend to five hundred rupees for every day during which such contravention continues after conviction for the first such contravention.

3 · [Provided that in respect of minor minerals namely, building and road construction stones including gravel, ordinary sand, earth and turf, ordinary clay including silt, brick and tile clay the powers and duties exercisable and dischargeable by the District Collectors under this sub -rule shall be exercisable and dischargeable by the Revenue Divisional Officer concerned within their respective jurisdiction.]

1 · Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

2 · Substituted vide G.O.Ms.No.49 Industries dated 28.2.1995

3 · Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

2 · [Provided that in respect of minor minerals namely, building and road construction stones including gravel, ordinary sand, earth and turf, ordinary clay including silt, brick and tile clay the powers and duties exercisable and dischargeable by the District Collectors under this sub -rule shall be exercisable and dischargeable by the Revenue Divisional Officer concerned within their respective jurisdiction.]

3 · [(6) No machinery shall be used for quarrying sand from river beds, except with the permission of the Secretary to Government , Industries Department or any other authority or Officer, as may be authorised by him in this behalf, who may grant such permission if use of such machinery will not be detrimental to ecology.]

4 · [36 -B. Levy of interest and recovery of arrears.-

1 · Substituted vide G.O.Ms.No.253 Industries dated 26 . 6.2000

2 · Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

3 · Substituted vide G.O.Ms.No.19, Industries, (MMC.1) dated 19.4.2004

4 · Rule 36B inserted vide G . O.Ms.No.166 Industries dated 16.6.1994

2 · [Provided that in respect of minor minerals, namely, building and road construction stones including gravel, ordinary sand, earth and turf and ordinary clay including silt, brick and tile clay, the powers and duties exercisable and dischargeable by the District Collectors under this sub -rule shall be exercisable and dischargeable by the presidents of the Village Panchayats , Executive Officers of Town panchayat and Townships and Commissioner of Municipalities and Corporations, as the case may be, with in their respective jurisdiction.]

1 · [36 -C. Appeal and second Appeal:-

1 · [Any person aggrieved by any order of the Joint Director, Deputy Director or Assistant Director (Geology and Mining) or any authority subordinate to him in the District office of the Department of Geology and Mining or Revenue Divisional Officer or Tahsildar or Deputy Tahsildar in the Revenue Department or Commissioner of Municipalities and Corporations, Executive Officers of Town panchayats and Townships and presidents of village panchayats made in exercise of the powers conferred on him by these rules or in exercise of any of the powers delegated to him under the provisions of these rules may within 30 days from the date of receipt of the order, prefer appeal to the District Collector concerned against such order. In case the aggrieved person is not satisfied with the decision of the District Collector he may prefer a second appeal to the Director of Geology and Mining within 30 days from the date of receipt of the order of the District Collector.] 1

1 · Rules 36 C & 36D inserted vide G.O.Ms.No.166 Industries dated 16.6.1994

1 · [36 -D. Settlement of questions or disputes regarding an agreement: -

36 · -E . Refund of lease amount, etc., in certain cases.-

1 · [36 -F. Transfer of lease : -

1 · Rule 36F introduced vide G.O.Ms.No.215 Industries dated 14.8.1997

1 · [Explanation:For the purpose of this sub-rule ‚one industrial group‛ shall mean an individual or more than one individual or a registered firm or association of a registered company dealing with or engaged in quarrying of the same mineral.]

1 · Inserted vide G.O.Ms.No.402 Industries dated 26.5.1999

2 · Substituted vide G.O.Ms.No.402 Industries dated 26.5.1999

37 · Savings :-

1 · [38. Reservation of area for exploitation in the public sector, etc:-

3 · [ 38 -A Quarrying of sand by the State Government – Notwithstanding anything contained in these rules, or any order m ade or action taken thereunder or any judgment or decree or

1 · Inserted vide G.O.Ms.No. 1080, Industries, dated 02.09 . 1983

2 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

3 · Inserted vide G.O.Ms.No. 95, Industries, dated 01.10.2003

1 · [38 -B Transport of sand outside the State not to be made . -No transport of sand covered under Rule 38 -A of these Rules shall be made across the border to other States.]

2 · [38 -C [Storage and transportation of sand. - (1) (a) No person shall transport sand without a valid transport permit issued by the Public Works Department or without a sale slip of license duly authenticated by the taluk headquarters Deputy Tahsildar [or Assistant Engineer / Assistant Executive Engineer(Water Resources Department), Public Works Department or Assistant Director / Deputy Director of Geology and Mining Department ] of the Jurisdiction from which the sand is transported.

1 · Inserted vide G.O.Ms.No. 158, Industries, dated 25.08.2008

2 · Inserted vide G.O.Ms.No. 32, Industries, dated 11.02.2011

3 · Inserted vide G.O.Ms.No. 158, Industries, dated 4.10.2012

1 · Inserted vide G.O.Ms.No. 158, Industries, dated 4.10.2012

2 · [38 -D Import of sand for construction purposes:-(1) (a) No person, other than the Public Works Department of the State Government of Tamil Nadu shall have the right to sell sand which is imported from other countries or brought from other States or Union Territories for construction purposes (hereinafter referred to as ‚imported sand‛), and such right shall vest only with the Public Works Department of the State Government.

1 · Inserted vide G.O.Ms.No. 158, Industries, dated 4.10.2012

2 · Inserted vide G.O.Ms.No.41, Industries,(MMC.1) dated 10 . 4 . 2018

39 · 1

2 · [40. Power of revision of the State Government : -

3 · [41. Mining plan is a pre-requisite to the grant of lease and submission and approval of Mining Plan for minor minerals other than granite.

1 · Omitted vide G . O . Ms.No.91 Industries dated 27 . 6.1996

2 · Inserted vide G.O.Ms.No.166 Industries dated 16.6.1994

3 · Inserted vide G.O.Ms.No.79, Industries (MMC.1), dated 6.4.2015

1 · Substituted vide G . O . Ms . No.256, Industries(MMC.1), dated 29.10.2015

42 · Submission of environment clearance for the grant of quarry lease for minor minerals including Granite .

1 · Substituted vide G . O . Ms . No.105, Industries (MMC.1) dated 14.7.2016

2 · Substituted vide G . O . Ms . No.256, Industries (MMC.1) dated 29.10.2015

1 · [43. Lease of lands for quarrying of the minor minerals specified in Appendix I-B . -(1) The provisions of these rules shall apply to the minor minerals specified in Appendix I-B, to the extent they are not repugnant to or inconsistent with the following sub-rules.

1 · Inserted vide G . O . Ms . No.70, Industries (MMC.1) dated 22.4.2016

1 · [See Rules 8 and 8 -A ]

1 · See Rules 8, 8A and 9 substituted as see rules 8 & 8A vide G.O.Ms.No.86 Industries dated 22.2.2001

1 · [Director of Geology and Mining,] the matter shall be referred to the State Government for decision.

1 · Substituted vide G.O.Ms.No.556 Industries dated 5.4.1988

1 · [APPENDIX I -A

1 · Appendix IA inserted vide G.O.Ms.No.214 Industries dated 10.6.1992

2 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

3 · There are excepted from and reserved to the lessor out of this demise: -

1 · Substituted vide G.O.Ms.No.157 Industries dated 25 . 5.1998

1 · [To pay the area assessment, and Seigniorage fee or Dead rent whichever is greater on the days and in the manner aforesaid.]

1 · Substituted vide G.O.Ms.No.157 Industries dated 25 . 5.1998

1 · .

1 · [APPENDIX I -B

1 · Inserted vide G.O.Ms.No.70 Industries (MMC.1), dated 22.4.2016

1 · [APPENDIX II

1 · Substituted vide G.O.Ms.No.183 Industries (MME.1), dated 28.12.2017

1 · [AA . SEIGNIORAGE FEE

1 · Inserted vide G.O.Ms.No.70 Industries (MMC.1), dated 22.4.2016

1 · [B. RATE OF AREA ASSESSMENT

3 · [C. DEAD RENT

1 · Substituted vide G.O.Ms.No.183 Industries (MME.1), dated 28.12.2017

2 · Inserted vide G.O.Ms.No.70 Industries (MMC.1), dated 22.4.2016

3 · Substituted vide G.O.Ms.No.183 Industries (MME.1), dated 28.12.2017

1 · [CC. DEAD RENT

2 · [D. PROSPECTING FEE FOR GRANITE

1 · Substituted vide G.O.Ms.No.183 Industries (MME.1), dated 28.12.2017

2 · Substituted vide G.O.Ms.No.183 Industries (MME.1), dated 28.12.2017

1 · [APPENDIX II -A

1 · Inserted vide G.O.Ms.No.215 Industries, dated 14.8.1997

2 · The lessee covenants with the lessor as follows: -

3 · It is further agreed between the parties hereto

1 · [APPENDIX III -A.

1 · Inserted vide G.O.Ms.No.168 Industries(MMC.2), dated 18.9.2012

1 · [See Rule 19A and 22]

2 · [FORM OF AGREEMENT FOR QUARRYING AND CARRYING AWAY MINOR MINERALS FROM RYOTWARI LANDS IN WHICH THE MINERALS BELONGS TO GOVERNMENT.]

3 · [AND, WHEREAS , the registered holder has made application to the collector of the district of (hereinafter referred to as "the collector") seeking grant of quarrying lease for quarrying in the said lands and to deposit mining waste in the said lands and has lodged with the collector an accurate map or sketch of the said lands;

1 · Substituted vide G.O.Ms.No.86 Industries, dated 22.2.2001

2 · Substituted vide G.O.Ms.No.130 Industries, dated 2.9.1999

3 · Substituted vide G.O.Ms.No.166 Industries, dated 16.6.1994

1 · [ APPENDIX -IV -A FORM -I

1 · Inserted vide G.O.Ms.No.106 Industries, dated 24.12.2002

2 · .

1 · [FORM IV

1 · Inserted vide G.O. Ms.No. 39, Industries (MMC2) Dept. dated 04.04.2017

1 · [FORM V

1 · Inserted vide G.O. Ms.No. 39, Industries (MMC2) Dept. dated 04.04.2017

1 · [See Rules 19A and 33]

2 · [WHEREAS, the registered holder holds the lands described in the schedule hereto and intended to lease out to the lessee of the said lands for the purpose of quarrying in the said lands and to deposit mining waste in the said lands and has lodged with Collector the lease and accurate map or sketch of the said lands . AND, WHEREAS, the lessee or tenant of the registered holder has m ade application to the Collector of the district of (hereinafter referred to as "the Collector") seeking grant of quarrying lease for quarrying in the said lands and to deposit mining waste in the said lands and has lodged with the Collector an accurate map or sketch of the said lands;

1 · Substituted vide G.O.Ms.No.86 Industries dated 22.2.2001

2 · Substituted vide G.O.Ms.No.166 Industries dated 16.6.1994

1 · [APPENDIX V -A]

1 · Appendix V-A inserted vide G.O. Ms. No. 215 Industries dated 14.8 . 1997

1 · [APPENDIX -VI

1 · Appendix VI inserted vide G.O.Ms.No.166 Industries dated 16.6.94 w.e.f. 22.6.94

1 · Substituted vide G.O.Ms.No.104 Industries dated 17.7.1996

1 · [APPENDIX VI – A

20 · .

1 · Appendix VIA inserted vide G.O.Ms.No.103 Industries dated 13.7.1996

1 · Deleted vide G.O.Ms.No.273 Industries dated 13.10 . 1997

1 · [APPENDIX VI -B

1 · Appendix VI B inserted vide G.O.Ms.No.635 Industries dated 3.8.99

2 · Substituted vide G.O.Ms.No.303 Industries dated 25 . 8.2000

10 · (a) Whether mining dues clearance certificate towards payment o f quarrying dues if any enclosed.

1 · [APPENDIX – – VI -C

1 · Inserted vide G.O.Ms.No.233 Industries ( MMC.2) dated 23.09.2015

1 · [APPENDIX VI – D

1 · Inserted vide G.O.Ms.No . 70 Industries ( MMC1) dated 22.04.2016

1 · [APPENDIX VII

1 · Appendix VII Substituted vide G.O.Ms.No.86 Industries dated 22.2.20018.

8 · . Type of Granite, which the applicant intends to quarry.

1 · [APPENDIX VII – – A

1 · Appendix VIIA inserted vide G.O.Ms.No . 215 Industries dated 14.8 . 97

1 · Appendix VII B inserted vide G.O.Ms.No.70 Industries (MMC.1) dated 22 . 4.2016

1 · [APPENDIX VII – – B

1 · [APPENDIX VIII

1 · Appendix VIII Inserted vide G.O.Ms.No.166 Industries dated 16.6.1996

1 · [APPENDIX IX

1 · Appendix IX Inserted vide G.O.Ms.No.166 Industries dated 16.6.1996

1 · [APPENDIX X

2 · [The District Collector,]

1 · Appendix X inserted vide G.O.Ms.No.166 Industries 16.6.94

2 · Substituted vide G.O.Ms.No.35 Industries dated 25.1.2000

1 · [APPENDIX XI

1 · Appendix XI inserted vide G.O.Ms.No.166 Industries 16.6.94

1 · Substituted vide G.O.Ms.No.35 Industries dated 24.1.2000

1 · [APPENDIX XII

1 · Appendix-XII Inserted vide G.O.Ms.No.166 Industries dated 16.6.1994

2 · Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

1 · [APPENDIX XII -A

1 · Appendix XII-A Inserted vide G.O.Ms.No.3 Industries dated 2.1.1998

1 · [APPERDIX XIII

2 · [For Despatch of Minor Minerals other than building and road construction stones, including gravel, ordinary sand, earth and turf and ordinary clay including silt, brick and tile clay.]

1 · Appendix XIII inserted vide G.O.Ms.No.166 Industries dated 16.6.94 w.e.f. 22.6 . 94

2 · Inserted vide G.O.Ms.No 3 Industries dated 2.1.98 w.e.f. 1.4.98 vide G.O.Ms.No.53 Industries dated 26.2.98

1 · [APPENDIX XIII -A

1 · Appendix XIII A inserted vide G.O.Ms.No.3 Industries dated 2.1.98w.e.f.1.4.98 vide G.O.Ms.No.53 Industries dated 26.2.1998

1 · [APPENDIX XIV

2 · . (a) The status of the applicant industry; whether a private individual

1 · Appendix XIV inserted vide G.O.Ms.No.86 Industries dated 22.2.2001

15 · Any other particulars which the applicant desires to furnish.

1 · [APPENDIX XV

1 · Appendix XV inserted vide G.O.Ms.No.86 Industries dated 22.2.2001

16 · A In case of renewal, whether a report on the prospecting work carried out already is furnished.16.B Whether the copy of sc heme of prospecting has been enclosed for the prospecting work to be carried out in the renewal period.

1 · [APPENDIX XVI

1 · Appendix XVI inserted vide G.O.Ms.No.86 Industries dated 22.2.2001

2 · . The licensee shall stop all the prospecting operations immediately on the expiry of the license period.

0853 · – Non Ferrous Mining and Metallurgical Industries – 102. Mineral Concession Fees, Renet and Royalities-A Quarries and Minerals – D.P.Code 0853-00-102-AA.0007.