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Policy of Mining of Minor Minerals in Private/ Raiyati Land in West Bengal

Industry Commerce and Enterprises. .

Department of Industry, Commerce & Enterprise
Mines Branch
4, Abanindranath Tagore Sarani (Camac Street), Kolkata-700016

No. 668/CI/O/MIN/GEN-MISS/17/2022 Dated: 22/11/2022


Whereas, the western districts of the state, such as, Birbhum, Paschim Bardhaman, Bankura, Purulia have huge reserves of minor minerals, like, Black Stone, China Clay & Fire Clay, Quartz & Feldspar etc., majority occurrence of which is found in private/ raiyati land,

And whereas, the State Government was considering that a huge population of women and men workers who are associated with and earn their living from multiple ancillary industries associated with mining, such as, crushing, processing and transportation sectors will benefit from a mining policy in Raiyati land,

And whereas, to encourage extraction of these minerals in a sustainable manner, following all statutory environmental guidelines, the State Government vide notification no. 379-ICE/O/MIN/GEN-MIS/76/2017 dated 24th September 2021, declared that it will bring out detailed modalities of mining of minor minerals in raiyati land,

Now, therefore, the Governor is hereby pleased to publish the Policy of Mining of Minor Minerals in Private/ Raiyati land for the State of West Bengal.

The Policy of Mining of Minor Minerals in Private/ Raiyati land

  1. Only the Raiyat owning the land can apply for a mining lease. They may apply individually or organise themselves in a group of Raiyats/ Company. All the legal documents shall only be issued in the name of raiyat/ group of raiyats/ company thus ensuring complete ownership, responsibility, and equitable social justice.
  2. The application shall then be evaluated by district land department regarding authenticity of ownership of land and be forwarded with their recommendation to the state nodal agency West Bengal Mineral Development & Trading Corporation Ltd (WBMDTCL).
  3. WBMDTCL may grant provisional Letter of Intent (LoI) to the raiyat(s) if it is prima facie satisfied. LoI shall be issued against the payment of an advance fees.
  4. Based on provisional LOI, the Raiyat(s) will get mining plan prepared by qualified agency, establish the mineable reserve and get it approved by the competent authority. Thereafter, he/ they shall submit application for Environmental Clearance (EC) to State Environment Impact Assessment Authority (SEIAA). The Raiyat(s) shall be responsible for prospecting, determining and finalizing of Mining Plan through qualified agency, obtaining Environment Clearance (EC) and all statutory clearances/approvals/permissions thus ensuring environment friendly and sustainable mining.
  5. After obtaining EC, Consent to Establish (CTE) & Consent to Operate (CTO) and all statutory clearances approvals/ permissions, the Raiyat(s) shall apply for grant of Mining Lease. A Mining Lease Fee shall be charged before granting such mining lease amount of which shall be fifty percentage (50%) of value of minor mineral dispatched in one month as per the environment clearance in rupee term. The advance fees paid while receiving provisional LoI shall be adjusted.

The value of minor mineral shall be an amount equal to the product of,

  1. The lease shall be granted for a period of 5 years or till the reserve is exhausted, whichever is earlier, with a provision of extension for up to 5 years at a time depending upon the mineral reserve established, adhering to statutory norms at the discretion of the state government. For any extension of mining lease, the Mining Lease Fee shall be calculated based on the revised approved mining plan/ Environment Clearance at that time and has to be paid again.
  2. The lessee shall pay royalty, cess, DMF and other statutory payments as applicable and obtain excavation permit during the entire life cycle of the mines.

The willing lessees of contiguous plots are allowed to execute agreement between/among them for ‘Common Area Extraction’ to promote scientific and sustainable mining.

The detailed procedure and guidelines for this is placed below:

The Standard operating Procedure (SoP) proposed by the Department

The following procedure is proposed for granting Mining Leases for excavation of minor mineral on raiyati land.

By order of the Governor,

Secretary to the Government of West Bengal

No. 668-CI dated 22.11.2022