Section 18 in The Rajasthan Minor Mineral Concession Rules, 1986
18. Conditions.
- [***] [Deleted by Rajasthan Gazette Extraordinary dated 29/08/1996] The following conditions shall be included in every mining lease and if they are not so included shall be deemed to have been included therein:-(1)[] [Added by Rajasthan Gazette Extraordinary dated 29/08/1996] (a) The holder of a mining lease granted before the commencement of these rules, shall notwithstanding anything contained in the instrument of lease or any law or rules in force at such commencement, pay royalty in respect of any mineral removed by him from and/or consumed within the leased area after such commencement at the rates for the time being specified in Schedule I in respect of that mineral;(b)The holder of a mining lease granted on or after the commencement of these rules shall pay royalty in respect of any mineral removed by him from and/or consumed within the leased area at the rate for the time being specified in the Schedule I in respect of that mineral;(c)The State Government may, by notification in the Official Gazette, amend the Schedule I so as to enhance the rate at which royalty shall be payable in respect of any mineral in accordance with the provisions of these rules with effect from such date as may be specified;Provided that no enhancement in the rate of royalty shall be made before a period of [3] [Substituted by Rajasthan Gazette Extraordinary dated 10/12/1987] years from such previous enhancement;(2)(a)The lessee shall pay for surface area used by him for the purpose of mining, surface rent to Revenue Department as per the rates prevalent in the area;(b)The Government shall be entitled to charge certain amount per year or part thereof for the ecological restoration of mines and quarries from the lessee and this shall be the part of agreement. The amount may be fixed and revised by Government from time to time and may vary from place to place;(3)The lessee shall also pay for every year such yearly dead rent as may be fixed by the Government in quarterly installments in advance and if the lease permits the working of more than one mineral, the State Government shall not charge separate dead rent in respect of each mineral;Provided that the yearly dead rent at the time of initial grant shall be according to the rates specified in Schedule-II. The rates specified in Schedule-II shall, however, not be applicable at the time of revision of dead rent;[Provided further that the rate of annual dead rent shall stand revised after every five years from the date of initial grant or renewal of the mining lease in accordance with the following formula:-] [Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996][Revised dead rent = Existing dead rent + 40% of Existing dead rent;] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994][Provided further also that revised dead rent shall not exceed five times of the dead rent calculated as per schedule-II in force at time of revision of dead rent; [***] [Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994]Provided further also that the existing dead rent shall not be reduced if it is more than the dead rent calculated as aforesaid;]Provided further also that the lessee shall be liable to pay either dead rent or royalty in respect of each mineral whichever is higher but not both;(3a)[ the leases shall pay contribution to the District Mineral Foundation Trust (DMFT) in respect of any mineral removed/consumed by him as per the rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time.] [Inserted by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).](4)The lessee shall pay all dues in the office of such officer, in such manner and at such place as may be mentioned in the lease agreement or as notified by the Government from time to time;(5)[***] [Deleted by Rajasthan Gazette Extra Ordinary dated 19/06/2012];(6)The lessee shall at his own expense erect and at all time maintain and keep in repair boundary pillars and marks according to the plan and demarcation report annexed to the lease;(7)The lessee shall not erect, set-up or place any building or thing and shall also not carry on surface operations in or upon any public pleasure ground, burning or burial ground or place held sacred by any class of persons or any house or village site, public road or other place which the Government may determine as public ground or in such a manner as to injure or prejudicially affect any building, works, property or rights of other persons;(7a)[ The lessee shall give notice of commencement of any mining operation to the authorities as per section 16 of the Mines Act, 1952 and also to the Mining Engineer/Assistant Mining Engineer concerned at least one month before the commencement of any mining operation;] [Inserted by Rajasthan Gazette Extra Ordinary dated 16/05/2016](8)The lessee shall commence mining operations within, [six] [Inserted by Rajasthan Gazette Extra Ordinary dated 16/05/2016] months from the date of execution of the lease and thereafter carry on such operations effectively in a manner which will ensure safety of laborers, conservation of mineral, removal of sufficient over burden, careful storage, removal and drainage of waste and removal of all valuable minerals from the mines in accordance with lease;(8a)[ [***] [Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996]](8b)[ [***] [Added by Rajasthan Gazette Extraordinary dated 29/08/1996]](9)(a)The lessee shall keep correct and regular accounts of all minerals excavated from the mines, the quantity lying in stock at the mines and the quantity dispatched and utilised there from as also the number of persons employed in Form No. 11 B. It shall contain particulars regarding the quantity of mineral sold/utilized, its value and name of persons or firms to whom sold. The accounts shall be produced before the assessing authority on such date as may be fixed by in this behalf for the purpose of assessment. The lessee shall maintain up to date plans of the mines and shall also allow any officer of the Department as may be authorized by the Director in this behalf to examine such accounts and plans at any time and shall furnish him other information as he may require;(b)The lessee shall furnish monthly returns to the assessing authority in the Form No.11A by the 15th of the following month to which the returns relate;Provided that the assessing authority may extend the period for submission of such returns by any lessee for a period not exceeding 15 days;(c)The lessee or any other person shall not remove or dispatch or utilize the mineral from the mines and quarry without Rawanna. The Rawanna shall be in Form No.12 appended to these rules and shall be duly sealed by the Department;(10)The lessee shall abide by all existing Acts and Rules enforced by the Government of India or the State Government and all such other Acts or Rules as may be enforced from time to time in respect of working of the mines and other matters affecting safety, [health, environment and convenience] [Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012] of the lessee's employees or of the public;(11)The lessee shall allow existing and future licensees or lease holders of any land which is comprised in or is reached by the land held by the lessee, reasonable facilities for access thereto;(12)The lessee shall allow any [officer of the department or any other officer authorised by the Central or State Government in this behalf] [Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012] to enter upon the premises comprised in the lease for the purpose of inspecting the same and abide by instruction issued by him from time to time regarding the conservation and development of minerals and the related matters;(13)Subject to the provision of clause (7) above the lessee may erect on the area granted to him, any building required for bonafied purpose and such building shall be the property of the Government after the expiry of the lease or earlier determination or surrender of the lease;(14)The lessee shall make reasonable satisfaction and pay such compensation as may be assessed by lawful authority in accordance with the law or rules or order in force on the subject for all damages, injuries or disturbances which may be done by him and shall indemnify and keep indemnified fully and completely, the Government against such damages, injury or disturbance and all cost and expenses in connection therewith;(15)[ (a) The lessee shall forthwith report to the Director/Superintending Mining Engineer/Mining Engineer/Assistant Mining Engineer any accident which may occur at or in the said premises;(b)The lessee shall report to the Director/Superintending Mining Engineer/Mining Engineer/Assistant Mining Engineer the discovery of any mineral not specified in the lease within thirty days of such discovery; [***](16)[ If any minor mineral not specified in the lease is discovered in the leased area, the lessee shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained for such mineral. In such case the dead rent shall be charged for the mineral whose dead rent is higher as specified in Schedule-II;(16A)If any major mineral is discovered in the lease area, the lessee shall not win and dispose of such mineral unless a separate lease of major mineral is obtained or permission to dispose of such mineral is obtained from competent authority on the terms and conditions prescribed by Government;] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011](17)If the lessee intimates his intention not to work the newly discovered mineral(s) or fails to report to work the newly discovered mineral(s) within a period of three months from the date of discovery of new mineral then it shall be open to the Government to grant a lease for the working of the same to any other person, provided such working does not obstruct or interfere with the working of existing lease;(18)The lessee may surrender the lease at any time by giving an application in writing to Mining Engineer/Assistant Mining Engineer, which shall be accepted with immediate effect, provided there are no dues against the lessee in respect of the lease. In case there are dues against the lessee, the surrender of lease shall be accepted after 6 months of the date of notice but where only one quarterly installment of dead rent is due against the lessee and where there are no other breaches of the term of lease, the security of the lease shall be adjusted against dues and surrender shall be accepted with immediate effect;[Provided that where the mineral deposit is not economically workable, the lessee may surrender a part of the lease area with immediate effect by submitting an application to the Mining Engineer/Assistant Mining Engineer which may be accepted by the competent authority subject to the following conditions:(a)The area retained shall be rectangular and contiguous in shape, length being not more that 4 time the width;(b)The extent of retained area shall not be less than the minimum prescribed size of the plot fixed for the mineral for that area;(c)There shall be no dues against the lessee;][Provided further that in case of mining lease for mineral bajri, part surrender of lease area shall not be accepted;] [Added by Rajasthan Gazette Extraordinary dated 25/05/2012](d)[ The protective, reclamation and rehabilitation work in accordance with the approved mine closure plan/progressive mine closure plan or with such modifications as approved by the competent authority have been carried out by the lessee but it shall not be necessary if in intended area to be surrendered no mining operation was carried out.] [Added by Rajasthan Gazette Extra Ordinary dated 19/06/2012](19)The lease shall be liable to be cancelled by the Director or Competent authority if the lessee ceases to work the mine for a continues period of six months without obtaining sanction of the Government;(20)The Government or competent authority shall from time to time and at all times during the term of lease have the right (to be exercised by notice, in writing to the lessee.) of presumption of the said minerals (and all products thereof) lying in or upon the said land hereby demised or elsewhere under the control of the lessee and the lessee shall deliver all minerals or products to the Government at current market rates in such quantities and in the manner and at the place specified in the notice exercising the said right;(21)(a)In case of any breach on the part of the lessee of any covenant or condition contained in the lease, the competent authority may determine the lease and take possession of the said premises and forfeit the security money or in the alternative may impose payment of a penalty not exceeding twice the amount of annual dead rent of the lease. Such action shall not be taken unless the lessee has failed to remedy the breach after serving of 15 days notice;(b)The Government may also at any time after serving the aforesaid notice enter upon the said premises and distain all or any of the minerals or movable property therein and may carry away, distain or order the sale of the property so distained or so much of it as will suffice for the satisfaction of the rent or royalty due and all cost and expenses occasioned by the non-payment thereof.(22)(a)As soon as the lease is determined the lessee shall deliver up the said premises and all mines (if any) dug therein in a proper and workable state (save in respect of any working as to which the Government might have sanctioned abandonment) to the Mining Engineer/Assistant Mining Engineer having jurisdiction over the area or to any person authorised by him;(b)The mineral left on expiry of lease period or on determination of lease or on surrender of lease shall be removed by the lessee with in [15 days] [Substituted by Rajasthan Gazette Extra Ordinary dated 09/10/2012] of the date of expiry or surrender or receipt of the order of determination of lease;[Provided that in case of mining lease of mineral bajri, the lessee shall not have any right to remove any stock of bajri after the expiry of lease period or receipt of the order of determination of lease;] [Inserted by Rajasthan Gazette Extraordinary dated 25/05/2012]Provided that if the mineral is not removed within the aforesaid period of [30] [Substituted by Rajasthan Gazette Extraordinary dated 29/08/1996] days the mineral shall belong to the State and the Mining Engineer/Assistant Mining Engineer of the area may dispose it of either by public auction, by beat of drum or by direct sale at the rate prevalent in the adjacent area;(c)[ If on expiry or earlier determination of lease or after the date from which any surrender of a part or parts of the said lease under the provisions contained in clause (18) of this rule become effective, there remain in or upon the said land or the surrendered part or parts thereof, as the case may be, any engine, machinery, plant, structures, railways or other works, erections and conveniences or other property which are not required by the lessee in connection with his/their operations in those parts of the said lands, they shall become the property of the Government and may be sold or disposed of after a period of three months from the date of expiry or surrender of part or whole of the lease in such manner as the Government may deem fit without liability to pay any compensation;] [Added by Rajasthan Gazette Extraordinary dated 29/08/1996](23)The Government may by six month's prior notice in writing determine the lease if the Government considers that the mineral under the lease is required for establishing an industry beneficial to the public;Provided that no such notice shall be necessary in the event of war or national emergency;(24)[***] [Deleted by Rajasthan Gazette Extra Ordinary dated 19/06/2012];(25)The Mining Engineer/Assistant Mining Engineer concerned may, by an order in writing prohibit further mining or quarrying in the leased area, if in his opinion such operation is likely to cause premature collapse of any part of the workings or otherwise endanger the mine or quarry or the safety of persons employed therein, or there is danger as regards to out break of fire or flooding or such operations may cause damage to any property;(26)The lessee/lessees shall not work or carry on or allowed to be worked or carried on at any point within a distance of 45 meters from any railway line except with the previous written permission of the Railway Administration concerned or from any reservoir, canal or other public works or buildings or inhabited site except with the previous permission of the Collector or any other officer authorised by the Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions either general or special as may be attached to such permissions. The said distance of 45 meters shall be measured in the case of railway, reservoir or canal horizontally from the outer toe of the bank or the outer edge of the cutting as the case may be and in case of a building horizontally from the plinth thereof;Explanation: for the purpose of this clause:(1)The expression Railway, Administration shall have the same meaning as defined in the Indian Railway Act, 1890 by sub-section (4) of section 3 of that Act;(2)"Public Road" shall mean a road which has been constructed or artificially surfaced as distinct from a track resulting from repeated use [:] [Substituted by Rajasthan Gazette Extraordinary dated 02/11/2012][Provided that in case of mining approach road, the safe distance prohibiting mining activity shall be taken as 10 meter from the center of the road on both sides.] [Added by Rajasthan Gazette Extraordinary dated 02/11/2012](27)If any area out of the leased area is declared as a protected area under the Ancient Monuments Preservation Act, 1904 the lessee shall have to deliver the possession back to the State Government without claiming any compensation for the area;(28)The lessee/lessees shall deliver to or permit to be taken by the representative of the Government, a sample or samples of all rocks found on Mines or raised there from and all intermediate and finished products sold or intended for sale by the lessee/lessees;(29)The Lessee/lessees shall abstain from entering upon the surface of any occupied Government land or of any private land comprised within the leased area without previously obtaining the consent of the occupant in writing;(30)[ The lessee/lessees shall inform the Mining Engineer/Assistant Mining Engineer Concerned about opening any new quarry or depot in the leased area within 7 days of doing so;] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994](31)[ The competent authority may with the prior approval of the Government impose such special conditions(s) as deemed necessary, in the interest of mineral development;] [Added by Rajasthan Gazette Extraordinary dated 12/08/1994](32)[ In case of mining lease of mineral bajri, the lessee/lessees shall abstain from mining beyond depth of three meters from the surface and below the water level of river/nallah and shall work in such a manner that natural flow path of river/nallah is not altered;] [Added by Rajasthan Gazette Extraordinary dated 25/05/2012]
