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[Cites 0, Cited by 0] [Section 21] [Entire Act]

State of Punjab - Subsection

Section 21(1) in The Punjab Minor Mineral Concession Rules, 1964

(1)Conditions of mining lease.- Every mining lease shall be subject to the following conditions :-
(i)
(a)The lessee shall pay royalty on minor minerals despatched from the leased area at the rates specified in the First Schedule.
Provided that the lessee shall pay royalty at such revised rates as may be notified from time to time.
(b)For calculating the royalty the lessee shall submit half- yearly returns for periods ending 30th September, and 31st March, in Form 'G'.
(ii)The lessee shall pay for the surface area occupied by him at such rates not exceeding land revenue, water charges and cesses assessable on the land as may be fixed by the Government and specified in the lease deed.
(iii)The lessee shall also pay for every year, such yearly dead rent within the limits specified in second Schedule as may be fixed by the Government and if the lease permits the working of more than one minor mineral in the same area the Government may charge separate dead rent in respect of each minor mineral :
Provided that the mining of one minor mineral does not involve the mining of another minor mineral :Provided further that the lessee shall be liable to pay the dead rent or royalty in respect of each minor mineral whichever is higher in amount but not both.
(iv)[if any minor mineral] [Substituted by GSR 239 dated 27.9.1965.] not specified in the lease is discovered in the leased area, the lessee shall report the discovery without delay to the Government and shall not win or dispose of such minor mineral without obtaining a lease within six months from the discovery of the minor mineral the Government may give the lease in respect of such mineral to any other person.
(v)Unless the Government, for sufficient reasons permits otherwise, the lessee shall commence mining operations within six months from the date of [execution] [Substituted for 'execution' by GSR 239 dated 27.9.1965.] of the lease and shall thereafter conduct such operations in a proper, skillful and workman-like manner.
Explanation. - For the purpose of this clause 'mining operation' shall include the erection of machinery, laying of a tramway or construction of a road in connection with the working of the mine.
(vi)The lessee shall at his own expense, erect and at all times maintain and keep in good repairs boundary marks and pillars according to the plan annexed to the lease.
(vii)The lessee shall not carry on, or allow to be carried on any mining operations at any point within a distance of 75 meters from any railways line, except under and in accordance with the written permission of the railway administration concerned, or bridges or 60 meters from national highway or 50 meters from any reservoir, tank, canal, roads or other public works or building or inhabited sites except under and in accordance with the previous permission of the Government. The Railway Administration or the Government may, in granting such permission, impose such conditions as it may deem fit :
Provided that except in cases of ordinary sand, no minging operations shall be carried on within 50 meters of any river banks.[Provided further that in case of mining lease of saltpetre, the lessee may carry on, or allow to be carried on the extraction of saltpeter at any point beyond a distance of 10 metres from any railway line, national highway, reservoir, tank canal, road or other public works or buildings etc. [Further proviso added by GSR 21, dated 16.2.1970.]
(viii)The lessee shall keep correct accounts showing the quantity and other particulars of all minerals obtained from the mines and the number of persons employed therein, and a complete plan of the mine and shall allow any officer authorised by the Central and State Government in that behalf, to examine at any time any accounts and records maintained by him, and shall furnish the Central and State Government with such information and returns as it may require.
(ix)The lessee shall allow existing and future licensees or lease-holders or contractors of any land which is comprised in or adjoins or is reached by the land, held by the lessee, reasonable facilities for access thereto.
(x)The lessee shall allow any officer, authorised by the Government or the Central Government to enter upon any building excavation or land comprised in the lease for the purpose of inspecting the mines.
(xi)The lessee shall-
(a)submit by the 10th of every month to the Director and also to other officer(s) specified in the lease deed, a return in form 'H', giving the total quantity of minor mineral(s) raised and despatched from the leased area in the preceding calendar month and its value :
(b)also furnish by the 15th April, every year to the Director and the other officer, specified in the lease deed, a statement giving information in Form 'I' regarding quantity and value of minor mineral(s) obtained during the last financial year, average number of regular labourers employed (men and women separately), number of accidents, compensation paid and number of days worked separately.
(xii)The lessee shall strengthen and support to the satisfaction of the Railway Administration or the Government as the case may be, any part of the mine which in its opinion requires such strengthening or support for the safety of any railway, bridge, national highway, reservoir, tank, canal, road or any other public works or buildings.
(xiii)If the lessee or his transferee or assignee does not allow entry or inspection under clause (x) the Government may cancel the lease and forfeit in whole or in part the security deposit, paid by the lessee under Rule 16.
(xiv)The Government shall from time to time and at all times during the term of the lease have the right (to be exercised by notice in writing to the lessee) of pre-emption of the said minor minerals and all products thereof lying in or upon the said lands hereby demised or elsewhere under the control of the lessee and the lessee shall deliver all minor minerals or products thereof to the Government at current market rates in such quantities and in the manner at the places, specified in the notice exercising the said right.
(xv)The Government may by giving six month's prior notice in writing determine the lease if the Government considers that the minor mineral(s) under the lease is required for establishing an industry beneficial to the public :
Provided that in the state of national emergency or War the lease may be determined without giving such notice :
(xvi)The Government shall have the right to determine the lease after serving a notice on the lessee to pay the dues within thirty days from the date of receipt of the notice. If the dead rent or royalty or surface rent reserved or made payable by the lessee is not paid within fifteen days next after the date fixed in the lease for payment of the same. Government or any other officer authorised by it in this behalf may also at any time after serving the aforesaid notice, enter upon the said premises and distrain all or any of the minor minerals or movable property therein and may carry away, detain or order the sale of the property so distrained, or so much of it as will suffice for the satisfaction of the rent or royalty due and all costs and expenses occasioned by the non-payment thereof.
(xvii)The lessee shall immediately give to :-