Section 3M in The Rajasthan Minor Mineral Concession Rules, 1986
3M. Conditions of prospecting licence.
- Every prospecting licence granted under these rules shall, in addition to other conditions that may be specified therein, be subject to the following conditions, namely:(i)the licensee shall pay prospecting fee of Rs.5,000/- per hectare or part thereof for each year or part thereof;(ii)the licensee may win and carry away mineral for the purpose of cutting and polishing, testing and to search for market, a quantity up to 200 tonnes on payment of royalty at the applicable rates;Provided that with the written approval of the Director, the licensee may carry away quantity of mineral in excess of 200 tonnes on payment of royalty for the above mentioned purposes but in no case it shall exceed 1000 tonnes.(iii)save in the case of land in respect of which the licensee is granted a mining lease, he shall within three months after the determination of the licence or the date of abandonment of the prospecting operations, whichever is earlier, securely plug all bores and fill up or fence all excavations in the land covered by the licence;(iv)the licensee shall report to the concerned Assistant Mining Engineer/Mining Engineer, the discovery of any mineral not specified in the licence within a period of 60 days from the date of such discovery and shall make an application for inclusion of such mineral in his prospecting licence simultaneously. The licensee shall not despatch the newly discovered mineral till it is included in his prospecting licence by the competent authority.(v)the licensee shall not pay a wage less than the minimum wages prescribed by the Central or the State Government from time to time under the Minimum Wages Act, 1948;(vi)the licensee of granite/marble shall observe the provisions of the Granite Conservation and Development Rules, 1999 and Marble Development and Conservation Rules, 2002 respectively;(vii)the licensee shall:(a)take immediate measures for the plantation in the sanctioned area or near by area approved by Assistant Mining Engineer/Mining Engineer not less than twice the number of trees felled as a result of prospecting operations and look after them during subsistence of the licence;(b)restore, to the extent possible, other flora destroyed by prospecting operations;(viii)the licensee shall pay to the occupier of surface of the land such compensation as may become payable as per law in force;(ix)a prospecting licence may contain other conditions as the Government may think fit, namely:-(a)Compensation for damage to land in respect of which the licence has been granted.(b)Indemnity to the Government, against the claim of a third party for any damage, injury or disturbance caused to him, by the licensee.(c)Restriction regarding felling of trees on unoccupied and unreserved Government land and other environmental conditions as may be decided from time to time.(d)Restriction on prospecting operations in any area prohibited by any competent authority due to environmental or any other reasons as may be decided from time to time.(e)Conditions regarding entry on occupied land.(f)Facilities to be given by the licensee for working other minerals in the licensed area or in adjacent areas.(x)every holder of a prospecting licence shall submit to the Government or any other officer authorized in this behalf, within a period of 60 days, from the date of execution of deed of prospecting licence, a scheme of prospecting indicating the manner in which he proposes to carry out the prospecting operations. The licensee shall carry out the prospecting operations in accordance with the scheme submitted by him or as directed by the Government or any officer authorized in this behalf;(xi)every licensee shall maintain a correct and faithful account of all the expenses incurred by him on prospecting operations and also the quantity and other particulars of all minerals obtained during such operations and their despatch;(xii)The licensee shall:(a)allow any officer authorized by the Central Government or the State Government in this behalf to examine at any time accounts maintained under sub-clause (xi) and furnish to the Central Government or to the State Government such information and returns as it or any officer authorized in this behalf may require.(b)allow any officer, authorized by the Central Government or the State Government in this behalf, to inspect any prospecting operation carried out by him;(xiii)The prospecting operations shall be carried out in such a manner so as to ensure systematic development and conservation of mineral deposits and protection of environment. In case of any breach on the part of the licensee of any covenant or condition contained in the licence deed or the rules made by the Central/State Government, the competent authority may determine the licence and take possession of the said land and forfeit the security deposited. Such action shall not be taken unless the licensee has failed to remedy the breach after serving a 15 days notice.
