Section 41 in The U.P. Minor Minerals (Concession) Rules, 1963
41. [ Restrictions and conditions as to exercise of the liberties, powers and privileges of. [Substituted by Notification No. 1868/LXXXVI-2019-57(Sa)/2017, dated 13.8.2019.]
- The holder of a lease shall the liberties, power and privileges mentioned in Rule 40 subject to the following restrictions and conditions:(a)Nothing shall be erected or setup and no surface operations shall be-(1)in or upon any public pleasure ground, burning or burial ground, or any place held (sacred) by class of persons, or house or village site, public road and or other place which may be declared by the District Officer as public place; and(2)in such a manner as to injure or prejudicially affect any building work, property or rights of other persons;(b)No land shall be used for surface operations by persons, which is already occupied by persons, other than the State Government, for works or purposes not included in the lease;(c)No right of way, well or tank shall be interfered with;(d)No entry shall be made on any reserved, protected or vested forest without the previous sanction in writing of the Divisional Forest Officer nor shall any trees or timber be felled, cut or used without obtaining the sanction in writing of that Officer nor otherwise than in accordance with such conditions as the State Government may impose in this behalf;(e)No mining operation shall be carried on at or to any point within a distance 50 metres from any railway line except with the previous written permission of the Railway Administration concern, or from any reservoir, canal or other public works, such as public roads and buildings or inhabited site except with the previous written permission of the District Officer or any other officer authorised by the State Government in this behalf and otherwise than in accordance with such instructions and conditions either general or special, which may be attached to such permission. The said distance of 50 metres shall be measured in case of railway reservoir, canal or road horizontally from the outer toe of the Bank or the outer edge of the cutting, has the case may be, and in case of a building horizontally from plinth thereof; Provided that the distance in the case of a village road shall be 10 metres from the outer edge of the cutting; andExplanation. - For the purpose of this sub-rule, the expression publid road, shall mean a road which has been constructed after being artificially surfaced as distinct from a track resulting from repeated use, and village road will include any track shown in the revenue record as village road;(f)The existing and future holders of Government lease or permit in respect of any land which is comprised in or adjoins or is reached by the land held by the lease shall be allowed reasonable facilities of the access thereto. In case any loss or damage is caused by such lease or permit-holders by exercise of this liberty a fair compensation (as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government) shall be payable therefor by such lease or permit-holder to the lessee;(g)The lessee is bound to keep vigilance for not polluting the environment of the lease-hold area and nearby area in connection with mining operation and also maintain ecological balance of the area. If at any time it is found that the mining operation are leading to environment pollution or imbalance of ecology, then after giving an opportunity of being heard, the lease may be prematurely terminated.(h)(1) The lessee shall not do any mining operation beyond the depth of three meters or water level whichever is less in the river bed and no mining shall be carried out in the safety zone so worked out by the District Officer.Provided that no mining shall be carried out into the water stream with the help of suction machine or the lifter, etc.:(2)Lessee/permit holder will display the rate of sale price at the place where eMM-11/MM-l 1 is issued:Provided that if in the opinion of the State Government the maximum rate of sale price is to be fixed, it may be directed to the concession holder:(i)The lessee shall be bound to undertake the loading of minerals in his approved lease area in accordance with the norms laid down by the Government of India.].
