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State of Rajasthan - Section

Section 51 in Rajasthan Minor Mineral Concession Rules, 2017

51. Short term permit.

(1)Short term permit may be granted for excavation and use of mineral masonary stone, murram, [ordinary earth, bajri (other than river sand)] [Substituted 'ordinary earth' by Rajasthan Notification No. G.S.R. 112, dated 28.12.2017 (w.e.f. 28.2.2017).] to a contractor for executing works of Government, Semi-Government, Local Body, Panchayati Raj Institution or Organizations aided or funded by the government [:] [Substituted '.' by Rajasthan Notification No. G.S.R. 112, dated 28.12.2017 (w.e.f. 28.2.2017).][Provided that the short term permit for bajri (other than river sand) shall be granted in khatedari land only.] [Added by Rajasthan Notification No. G.S.R. 112, dated 28.12.2017 (w.e.f. 28.2.2017).]
(2)Short term permit may be granted for disposal of any mineral discovered during the process of construction of any building or a development project, outside the project area.
(3)Every application for grant of short term permit under sub-rule (1) and (2) shall be submitted to the Mining Engineer or Assistant Mining Engineer concerned mentioning quantity of minerals and period for which permit is desired along with following documents: -
(i)copy of work order or concessionary agreement;
(ii)copy of G-Schedule or bill of quantities;
(iii)plan and description of the area from where mineral will be excavated;
(iv)revenue record of the area; and
(v)consent of the khatedar in case land does not belong to the applicant.
(4)On receipt of application, the Mining Engineer or Assistant Mining Engineer concerned may grant short term permit after obtaining consents or approvals if required under any laws and on payment of permit fees, payable separately for each mineral, at the following rates: -
S.No. Quantity of mineral Permit fee (in Rs.)
1 2 3
1. Upto ten tonnes Twenty
2. Exceeding ten tonnes and upto twenty tonnes Fifty
3. Exceeding twenty tonnes and upto fifty tonnes Hundred
4. Exceeding fifty tonnes and upto hundred tonnes One hundred and twenty five
5. Exceeding hundred tonnes Rupees one hundred and fifty + rupees fifty forevery additional hundred tonnes or part thereof
(5)Royalty on minerals shall be payable as per Schedule II.
(6)The short term permit holder shall also pay contribution to the District Mineral Foundation Trust fund as per rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time.
(7)[The area for which short term permit may be granted shall not exceed one hectare and the period of such permit] [Substituted 'The period of short term permit' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).] shall be co-terminus with the work order, unless applied for a shorter period.
(8)The Mining Engineer or Assistant Mining Engineer concerned may refuse to grant a short term permit for any mineral in any area with reasons to be recorded in writing and the same shall be communicated to the applicant.
(9)The contractor may opt any of the following option to pay royalty for mineral consumed in the execution of work: -
(i)apply for permit along with bill of quantity or G-schedule, permit fees and opting for deduction of royalty and contribution in the District Mineral Foundation Trust fund from running bills by the department concerned. The contractor shall submit the record for the assessment, along with consumption certificate issued by the competent authority and get a no-dues certificate from the Mining Engineer or Assistant Mining Engineer concerned. If any refund has to be claimed, such application shall be submitted within thirty days of completion of the work;
(ii)apply for permit along with bill of quantity or G-schedule, permit fees, contribution in the District Mineral Foundation Trust and royalty amount. The contractor shall submit the record for the assessment, along with consumption certificate issued by the competent authority and get a no-dues certificate from the Mining Engineer or Assistant Mining Engineer concerned;
(iii)apply for permit along with bill of quantity or G-schedule and a self-certified undertaking stating that the entire quantity of mineral will be procured or used royalty paid:
Provided that the contractor shall submit the record of royalty paid minerals for the assessment, along with consumption certificate issued by the competent authority for making assessment and get a no-dues certificate from the Mining Engineer or Assistant Mining Engineer concerned; or
(iv)apply for royalty deduction from running bills to the Mining Engineer or Assistant Mining Engineer concerned along with bill of quantity or G-schedule and a self-certified undertaking stating that the entire quantity of mineral used shall be royalty paid. In such case, no assessment shall be required by the department and the deduction of royalty shall be done from the running bill by the works department concerned in following manner: -
(a) For construction/widening of roads and buildingconstruction Three percent of bill amount
(b) For repairing and other works One and half percent of bill amount
Provided that the Works Department, Local Bodies, Panchayati Raj Institution, Organizations concerned shall be responsible for deduction of royalty and contribution in the District Mineral Foundation Trust fund on every running bill where contractor opt for deduction of royalty and contribution in District Mineral Foundation Trust fund from running bill.
(10)For the construction, repair and renewal of National or Mega Highways, Four or Six lane roads, laying and repair of Railway Tracks, contractors shall apply as per sub-rule (3) and royalty and other payments shall be paid as per clause (ii) of sub-rule (9).
(11)Where contractor has excavated and dispatched or consumed mineral to the extent of ten percent over and above the quantity specified in the permit, only single time royalty and quantity more than ten percent but upto twenty five percent, two times of royalty on entire quantity over and above specified in the permit shall be recovered and any quantity more than twenty five percent, entire quantity over and above specified in the permit shall be treated as unauthorized excavation and contractor shall be liable to pay cost of such excess mineral which shall be computed as ten times of the royalty payable at the prevalent rate.
(12)While procuring the minerals on which the royalty has been imposed by the Government, it shall be the responsibility of every procuring entity of the State Government to ensure that bills of all such material procured are accompanied with a substantial proof of royalty payment made to appropriate authority or to the authorised royalty collection contractor of the Government, as the case may be, failing which the material shall not be acceptable to any procuring entity.
(13)The State Government may reserve certain areas suitable for grant of short term permit to works department where such permits may be issued.