New Registration Procedure for Mineral Exporters of India


Dated 21st February 2012

As per Ministry of Mines Notification [G.S.R.75 (E)] dated: 9t February 2011.Rule 45 of the Mineral Conservation and Development Rules, 1988 has been amended, in exercise of the powers conferred by section 18 of the Mines and Minerals (Development and Regulation) Act. 1957 (67 of 1957), by the Mineral Conservation and Development (Amendment) 2011. In the Mineral Conservation and Development rules,1998 (hereinafter referred to as the principal rules),for rule 45, the following rule has been substituted , namely:-
“45. Monthly and annual returns-(1) The owner, agent, mining engineer or manager of every mine, or any person or company engaged in trading or storage or end-use or export of minerals mined in the country, shall cause himself to be registered with the Indian Bureau of Mines as per application specified in Form M and the registration number so allotted by the Indian Bureau of Mines shall be used for all purposes of reporting and correspondence connected therewith.
(2) For the purpose of registration under sub-rule (I), the owner, agent, mining engineer or manager of every mine, or any person or company engaged in trading or storage or end-use or export of minerals, shall apply for registration within one month from the date of commencement of these rules.
(3) The Indian Bureau of Mines shall allot and record the registration number in a register containing the details on a consecutive identity number (in numeric form), followed by letters M' andT’, for a mine or a person or company engaged in trading or storage or end-use or export of minerals, as the case may be, the year of registration and the name of State.
(4) The Indian Bureau of Mines shall maintain a register giving details of the owner, agent, mining engineer or manager of every mine, or any person or company engaged in trading or storage or end-use or export of minerals, as the case may be, as registered under the provisions of these rules, which shall be made available to the general public for inspection on demand, and also posted on the website of the Indian Bureau of Mines.

(5) The owner, agent, mining engineer or manager of every mine, shall submit to the Regional Controller of Mines in the Indian Bureau of Mines or any other authorized official of the Indian Bureau of Mines, returns in respect of each mine, in the following manner, namely:-

(a ) a monthly return which shall be submitted before the 10th of every month in respect of preceding month in the Form as indicated below:-
(i) For iron ore in Form F-1;
(ii) For manganese ore in Form F-2;
(iii) For bauxite and laterite in Form F-3;
(iv) For chromite in Form F-4;
(v) For copper, lead, zinc, pyrites, gold, tin and tungsten in Form F-5;
(vi) For mica in Form F-6;
(vii) For precious and semi-precious stones in Form F-7;
(viii) For all other minerals in Form F-8;
(b) an annual return which shall be submitted before the 1st July each year for the preceding financial year in the Form as indicated below:-
(i) For iron ore in Form H-1;
(ii) For manganese ore in Form H-2;
(iii) For bauxite and laterite in Form H-3;
(iv) For chromite in Form H-4;
(v) For copper, lead, zinc, pyrite. gold, tin and tungsten in Form H-5;
(vi) For mica in Form H-6;
(vii) For precious and semi-precious stones in Form H-7;
(viii) For all other minerals in Form H-8:

Provided that in the case of abandonment of a mine, the annual return shall be submitted within one hundred and five days from the date of abandonment.

(6) Any person or company engaged in trading or storage or end-use or export of minerals, shall submit to the Indian Bureau of Mines and concerned State Government, where the said person or company is sourcing the minerals, the returns in the following manner, namely:-

(i) A monthly return which shall be submitted before the 10th of every month in respect of preceding month in Form N;
(ii) An annual return which shall be submitted before the 1st July each year for the preceding financial year in the Form O.

(7) If it is found that the owner, agent, mining engineer or manager of mine or the person or company engaged in trading or storage or end-use or export of minerals, as the case may be, has submitted incomplete or wrong or false information in monthly or special or annual returns or fails to submit a return within the date specified, –
(i) in the case of mining of minerals by the owner, agent, mining engineer or manager of mine, then the Regional Controller of Mines may,-
(a) Order suspension of all mining operations in the mine and may revoke the order of suspension only after ensuring proper compliance;
(b) Take action to initiate prosecution under these rules;
(c) Recommend termination of the mining lease, in case such suppression or misrepresentation of information indicates abetment or connivance of illegal mining;

(ii) In the case of trading or storage or end-use or export of minerals, the State Government, where the person or company engaged in trading or storage or end-use or export of minerals is sourcing the minerals, shall order suspension of, –

(a) Trading licence (by whatever name it is called);

(b) All transportation permits issued to such person or company for mineral transportation (by whatever name it is called);
(c) storage licence for stocking minerals (by whatever name it is called);

(c) permits for end-use industry or carrying out export of minerals (by whatever name it is called);as the case may be, of such person or company engaged in trading or storage or end-use or export of minerals, and may revoke the order of suspension only after ensuring proper compliance.

(8) In case of mining of minerals by the owner, agent, mining engineer or manager of mine, the ex-Mine price of mineral shall be,-
(a) where export has occurred, free-on-board (F.O.B) price of the mineral, less
deductions specified below:
(i) loading charges by the miner;
(ii) transportation charges from the mine site to the rail head or port, including railway freight;
(iii) unloading and loading charges at the rail-head or domestic end-use capacity or port;
(iv) charges for sampling and analysis of ore grade;
(v) rent for the plot at the stocking yard in railway siding or port;
(vi) handling charges in port;
(vii) charges for stevedoring and trimming;
(viii) Any other incidental charges levied outside the mine-site as notified by the Indian Bureau of Mines from time-to-time.
(b) Where domestic sale of mineral has occurred, sale price of mineral recorded in the invoice less the actual expenditure incurred towards loading, unloading, transportation and other charges beyond mine site:
Provided that in case a sale has occurred
(i) between any persons or associations of persons or companies and where the seller has a substantial interest in the association of persons or company buying the mineral or where the buyer has a substantial interest in the association of persons or company selling the mineral;
(ii) for the purposes of use of mineral in a end-use industry for which the mine is a captive supplier,
then such sale shall not be recognised as a sale for the purpose of this rule and in such case, clause (c) of this sub-rule shall be applicable.
Explanation- For the purpose of this sub-rule, the expression “substantial interest in the association of persons or company buying or selling the mineral, as the case may be”, shall mean,-
(i) a person who is member of the management board of the association or company or is entitled or eligible to a share in the profits of the association or company buying or selling the minerals, as the case may be, to an extent exceeding ten percent. of the distributed profit;
(ii) an association of persons or company, when such association of persons or company is entitled or eligible to a share in the profits of the association or company buying or selling the minerals, as the case may be, to an extent exceeding ten percent of the distributed profits.
(c) where the sale has not occurred, the average sale price published monthly by the Indian Bureau of Mines for a particular mineral for a particular State shall be taken as the ex-mine price of the mineral for the purposes of reporting:
Provided that if for a particular mineral, the information for a State for a particular month is not published by the Indian Bureau of Mines, the last available information published for that mineral for that particular State by the Indian Bureau of Mines previous to the reporting month shall be referred, failing which the latest information for All India for the mineral shall be referred.
(8) In case of trading or storage or end-use or export of minerals, for purpose of filing of returns, the sale price per unit of the mineral shall be,-
(a) where sale of mineral has occurred, sale price of mineral recorded in the invoice in case of domestic sale, or the Free-on-Board (F.O.B) or Cost insurance and Freight (C.I.F) price of minerals,
(b) where sale has not occurred, the average sale price published monthly by the Indian Bureau of Mines for a particular mineral for a particular State shall be taken as the sale price of the mineral for the purpose of reporting:

Provided that if for a particular mineral, the information for a State for a particular month is not published by the Indian Bureau of Mines, the last available information published for that mineral for that particular State by the Indian Bureau of Mines previous to the reporting month shall be referred, failing which the latest information for All India for the mineral shall be referred.
(9) If more than one mineral is produced from the same mine, return shall be submitted in specified forms for each mineral separately.
(10) In case of temporary discontinuance of mining or suspension of mining, or temporary discontinuance or suspension of trading or storage or end-use or export of minerals, the owner, agent, mining engineer or manager of mine, or the person or company engaged in trading or storage or end-use or export of minerals, as the case may be, shall submit return in the specified form for the mineral for which return had been submitted earlier, furnishing relevant particulars, inclusive of “Nil” information.
(11) In case ownership of the mine or the trading or storage or end-use or export company changes during the reference period, separate returns have to be filled by each owner for the respective periods of ownership.
(12) For the purpose of regulation of transportation of minerals, all persons and companies owning trucks or any other motorized vehicle used for transportation of mineral by road or through water way shall be required to be registered with the Directorate of Mining and Geology or the Department handling mining matters in the State Government and the lessee shall maintain trip-sheets (either in the form of written record or on computers) of the vehicles, the nature and weight of mineral and the approximate time of the trip and its destination.

SOURCE: GOVENMENT OF INDIA, MINISTRY OF MINES

 

Disclaimer: please refer to official sources before effecting a decision.

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