Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Rajasthan - Section

Section 63 in The Rajasthan Minor Mineral Concession Rules, 1986

63. Grant of Short term permit.

(1)Notwithstanding anything contained in these rules the Mining Engineer or Assistant Mining Engineer may grant short-term-permit to a person on payment of a fee as laid down in sub-rule (4) and such person may excavate and take away mineral on payment of advance royalty from the area specified in the permit. The conditions under which the permit holder shall work and safety precautions which he must take shall be as specified in the permit.Provided that:-
(a)unless otherwise specified the dimension of the area for which a short term permit may be granted shall not exceed one hectare.
(b)in case of private land short term permit may be granted to the Khatedar of the land or to a person having prior consent of the Khatedar of the land.
(c)no such short term permit shall be granted in contravention of Environment Impact Assessment Notification dated 14.09.2006 issued by the Ministry of Environment and Forest, Government of India, as amended from time to time.]
(2)Short term permit shall not be granted for the following minerals:-
(i)Sandstone and limestone used as (dimensional stone, Patti Katla, mill stone, ashler and flooring stone);
(ii)Limestone used for burning and chips making;
(iii)Marble and dolomite;
(iv)Granite used for making blocks, slabs and tiles;
(v)Serpentine used as block and for chips making;
(vi)Rhyolite and chert used for chips making;
(vii)Fullers earth, bentonite, salt-petre and slate stone; and
(viii)Other mineral notified by the Government.
(3)Every application for short term permit shall be accompanied by the description of the land giving approximate location of the area from where excavation of mineral shall be made.[***] [Deleted by Rajasthan Gazette Extraordinary dated 25/05/2012]
(4)[ The permit fee required to be paid under sub rule (1) shall be charged as under: -
(a) For a short- term-permit up to 2 tonnes Rs. 5/-
(b) For a short term permit exceeding 2 tonnes andupto 8 tonnes of mineral. Rs. 20/-
(c) For a short term permit exceeding 8 tonnes andupto 30 tonnes of mineral Rs. 50/-
(d) For a short term permit exceeding 30 tonnes andupto 200 tonnes of mineral Rs. 100/-
(e) For a short term permit exceeding 200 tonnes andupto 500 tonnes of mineral Rs. 200/-
(f) For a short term permit exceeding 500 tonnes ofmineral Rs. 200/- + Rs. 50/- for every additional 100tonnes or part thereof]
(4a)[ The Short term permit holder shall also pay the contribution to the District Mineral Foundation Trust (DMFT) in respect of any mineral removed consumed by him as per the rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time.] [Substituted by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).]
(5)No short term permit shall be granted for quantities exceeding 500 tonnes except in case of contract of Works Department of State Government/Central Government/Autonomous bodies/Government undertaking, on recommendation of concerned Department.
(6)Period for which a short term permit may be granted shall not exceed four months.Provided that in case of Works Department of the Government, short term permits may be granted for a period longer than four months depending upon the period of work contracts.Provided further that the period of short term permit shall be deemed to have been extended by 25% of the original period of short term permit if the permit holder fails to excavate and remove the quantity stipulated in the short term permit within the period originally sanctioned.Provided further also that if a permit holder has excavated and carried mineral to the extent of 10% over and above the quantity specified in the permit within the stipulated time of the permit, only single royalty [and more than 10% but up to 25% over and above the quantity specified in the permit, two times royalty] [Inserted by Rajasthan Gazette Extraordinary dated 31/03/2011] will be charged from the permit holder. The permit holder shall be responsible for submission of his record within 15 days of the expiry of permit. However, if the permit holder excavated and carried a quantity more than 25% of the quantity sanctioned in the permit, entire quantity excavated and removed over and above the quantity sanctioned in the permit shall be treated as unauthorised excavation and permit holder shall be liable to pay the cost of such excess material.Provided also that any excess quantity of mineral carried away by the permit holder after the expiry of time limit specified in the permit or any quantity of mineral removed after the extended period of short term permit under first provision to this sub-rule 7 shall be treated as unauthorised excavation.
(7)The Mining Engineer/Assistant Mining Engineer may refuse to grant a short permit for any mineral in any area.