Section 14 in Orissa Minor Minerals Concession Rules, 2004
14. Conditions of a Prospecting License.
(1)The licensee shall pay in advance prospecting fee at the rate of one hundred rupees per hectre of land or part thereof land covered by the license for each year or part of a year of the period for which the license is to be granted.(2)The licensee may win and carry for purposes other than commercial purposes ten cubic meter of decorative stones on payment of advance royalty with permission from the Deputy Director/Mining Officer for testing its suitability for processing and marketing:Provided that if any excess of the quantity specified above is won and carried away, the Deputy Director/Mining Officer concerned may recover the cost of such excess quantity.(3)With the written approval of the Director the licensee may carry away quantities of decorative stone in excess of the limits specified in Sub-rule (2) above, on payment of advance royalty for testing purposes.(4)The licensee shall report to the Director the discovery of any other mineral not specified in the license within a period of thirty days from the date of such discovery. Consequent upon such reporting, the newly discovered minor mineral shall be deemed to have been included in the prospecting license:Provided that if any mineral other than a minor mineral is discovered in course of prospecting of the area the licensee shall not be entitled to any preference for the purpose of obtaining a license or lease for such new mineral by reason only of the lands being included in his license for minor mineral and the license shall be terminated without payment of any compensation to the licensee.(5)The licensee shall not except with the previous sanction of the Director transfer his license:Provided that no prospecting license shall be transferred to any person who has not produced the documents mentioned in items (ii), (iv), (v), (vi), (vii) and of Sub-rule (1) of Rule 9 along with the treasury challan showing deposit of two thousand rupees towards transfer application fee (non-refundable) and who does not qualify to be a licensee under these rules.(6)The licensee shall not pay a wage less than the minimum wage prescribed by the Central Government or the State Government from time to time under the Minimum Wages Act, 1948.(7)The licensee shall observe the provisions of Mines Act, 1952.(8)The licensee shall take immediate measures for the planting the same area or any other area selected by the State Forest Department not less than twice the number of trees destroyed by prospecting operations.(9)The licensee shall pay to the occupier of surface of the land such just and reasonable compensations as may be agreed between the licensee and the owner of the land.(10)The licensee shall comply with the provisions of the Granite Conservation and Development Rules, 1999.(11)The licensee shall allow reasonable facilities of access to other bona fide concessionaires;(12)The licensee shall obtain prior permission of the competent authority of the Forest Department to carry on any operation in forest land as required under the provisions of the Forest (Conservation) Act, 1980.(13)The licensee shall pay to the State Government compensation for all damages, injuries or disturbances which has been caused by him n the course of operating the license and shall indemnify Government against all claims which may be made third parties in respect of such damage, injury or disturbances.(14)Every holder of a prospecting license for decorative stones shall submit to the Director, Deputy Director/Mining Officer concerned within sixty days from the date of execution of the license, a scheme of prospecting indicating the manner in which he proposes to carry out the prospecting operation as per Rule 8 of the Granite Conservation and Development Rules, 1999. The scheme may be modified by the holder of the prospecting license as per the provisions of the said rules.(15)The licensee shall carry out the prospecting operations in accordance with the scheme of prospecting submitted or with such modifications as directed by the Director or any officer authorized by him in this behalf.(16)The licensee shall keep correct account of minor mineral raised during the course of prospecting operation and submit yearly report of prospecting operation carried out in FORM-A prescribed under Rule 11 of the Granite Conservation and Development Rules, 1999 to the Director and the Deputy Director/Mining Officer having jurisdiction.(17)The licensee shall afford reasonable facilities for inspection of the area licensed, accounts and records pertaining to prospecting, to the Controlling authority, Competent authority and Director or any other officer authorised by any of them. Such officer may issue directions to the licensee for systematic and scientific prospecting and to ensure observance of the provisions of rules and directions within a specified time limit not exceeding sixty days.(18)The licensee shall remove all machineries and other structure, if any, before end of the license period or its determination, if it is earlier or within such further time allowed by the State Government failing which the said properties including the minor mineral left in the area shall be deemed to be the property of the Government. Such property may be disposed off by public auction and the sale proceeds credited to Government account.(19)Licensees shall carry out prospecting activities with appropriate environmental safeguards.(20)The licensee shall not carry on or allowed to be carried on, any prospecting operation at any point within a distance of(a)one hundred meters from any railway line (except under and in accordance with the written permission of the Railway Administration concerned), National Highway, late Highway or any reservoir; or(b)within a distance of fifty meters from any tank, canal, road (other than a National or State Highway or other public works of buildings or inhabited sites), except under and in accordance with the previous permission of the Collector. The Railway Administration or the Collector, as the case may be, may grant such permission on such conditions as it or he may specify.(21)The State or Central Government shall have right to construct any road, railway or canal, reservoir or to-lay electric or telephone lines or over the lands held under the license:Provided that the licensee shall be given at least thirty days prior notice before the right is exercised and the area thus utilised shall be excluded from the area held under license?(22)The licensee shall, at his own expense, erect and at all times maintain and keep in good condition boundary marks and pillars necessary to delineate the licensed area.(23)The licensee shall abide by the provisions of all laws for the time being in force, relating to working of license, matters affecting safety, health and convenience of the employees and public. He shall also obey all existing law of way, water and other easements; and shall not use power cutter or other machineries in literate quarries.(24)All accidents involving injury or loss of life or loss or damage to property shall be reported forthwith to the Collector of the District and Director.(25)In the case of breach of any condition of a prospecting license by or under these rules, the Director may given notice of thirty days to the licensee to rectify the defects. If the licensee fails to rectify the defects within specified time, the Director may, by order in writing cancel the license, and/or forfeit, in whole or part, the amount deposited by the licensee towards security deposit:Provided that no such order shall be made without giving the licensee a reasonable opportunity of stating his case.(26)The licensee may for good and sufficient reasons surrender the license at any time after giving not less than three months notice in writing to the Director.(27)The Director may, impose such further conditions in the license as it may think necessary in the interest of mineral development & protection of environment.Chapter-III Grant of Mining Lease for Decorative Stone
