Section 19 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
19. Conditions of mining lease.
(1)Every mining lease shall be subject to the following conditions,-(a)The lessee shall pay royalty in advance on the minor minerals to be removed from the leased area at the rate specified in the Second Schedule. However, as and when the limestone is supplied by the lessee to the Industries other than lime-kiln, royalty shall be paid by the lessee for the lime as major mineral, whichever is more. The lessee shall also pay for every year, such yearly dead rent within the limits specified in Third Schedule as may be fixed from time to time by the Government and if the lease permits the working of more than one mineral in the same area, the Government may charge separate dead rent in respect of each minor minerals:Provided that the lessee shall be liable to pay either dead rent or royalty in respect of each mineral whichever is higher but not both, however, he shall not be liable to pay dead rent or royalty, if mining operation has been suspended by the Government at its own.(b)for calculating the royalty the lessee shall submit by the 10th of every month to the Mining office, a return in Form-'G' giving the total quantity of minor mineral(s) raised and despatched from the leased area in the preceding calendar month and its value and in case of mineral based industry the monthly electricity consumption bill and other requisite details also. If the lessee does not deposit royalty due for the preceding month by 10th of month, 24% per annum simple interest shall be charged for the default period after 10th of month;(c)the lessee shall also furnish by the 15th April, every year to the Director and also to the concerned Mining Officer, a statement giving information in Form-`H' regarding quantity and value of minor mineral(s) obtained during the last financial year, average number of regular labourers employed (men and women separately) and number of days worked and wages paid to them separately; and(d)the lessee shall have to pay in addition to the royalty/dead rent, the surface rent at the rate as specified in the Third Schedule if the land of mining lease belongs to the Government.(2)The lessee shall report to the Government the discovery in the leased area of any mineral not specified in the lease within thirty days of such discovery:Provided that if any mineral not specified in the lease is discovered in the leased area, the lessee shall not win and dispose of such mineral unless the permission is obtained from the Competent Authority thereof.(3)Except with the prior approval of the Government, the lessee shall not employ in connection with the mining operations any person who is not Citizen of India.(4)Except where the Government, for sufficient reasons, permits otherwise, the lessee shall commence mining operations within one year from the date of execution of the lease deed and shall, thereafter, conduct such operations without deliberate intermission in a proper, skillful and workman like manner.Explanation. - For the purposes of this rule, mining operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the working of the mine.(5)The lessee shall at his own expense erect and at all times maintain and keep in good repair boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to the lease.(6)The lessee shall keep correct accounts showing the quantity and other particulars of all minerals obtained and dispatched from the mine, giving mode of transport, registration number of vehicle, person in-charge of vehicle or animal and nature and quantity of minerals carried, the sale price, the number and nationality of persons employed therein, and complete plans of the mine, and shall allow any officer authorised by the Central Government or the Government in this behalf to examine at any time any accounts, plans and records maintained by him and shall furnish to the Central Government or the Government or any officer authorised by in this behalf, such information as may be required.(7)The lessee shall keep accurate records of all trenches, pits and drillings made by him in the course of mining operations carried on by him under the lease and shall allow any officer authorised by the Central Government or the Government to inspect the same. Such records shall contain the following particulars, namely:-(a)the sub-soil and strata through which such trenches, pits or drillings pass;(b)any mineral encountered; and(c)such other particulars as the Central Government or the Government may, from time to time, require.(8)The lessee shall not carry on or allowed to be carried on any mining operation at any point within a distance of 100 metres from any railway line, except under and in accordance with the previous written permission of the Railway Administration or 100 metres from edge of National Highway or 25 metres from edge of State Highway or 10 metres from edge of other roads or 50 metres from edge of any reservoir, canal or buildings or inhabited sites except under and in accordance with the previous permission of the Competent Authority. The Railway Administration or the Joint Inspection Committee may in granting such permissions, impose such conditions as may deem fit.(9)The lessee shall allow existing and future 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. The lessee shall allow any officer authorised by the Government or the Central Government to enter upon any building or land comprised in the lease for the purpose of inspecting the mines and to abide by such instructions which may be issued by the Inspecting Officers from time to time for scientific working and conservation of minerals:Provided that if the lessee does not allow entry or inspection under sub-rule (9), the Government may cancel the lease and forfeit in whole or in part the security deposit, paid by the lessee under rule 15.(10)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.(11)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 such manner and at such places, specified in the notice exercising the said right;(12)The lessee shall immediately give an information in Form-`I' for use of explosive as soon as-(a)the workings in the mine extends below superjacent ground;(b)the depth of any open cast excavation measured from its highest to the lowest point reaches six metres;(c)the number of persons employed on any day is more then 50(fifty); and(d)the explosives are used.(13)When mining lease is granted by the Government, arrangements shall be made, if necessary, at the expense of the lessee, for the survey and demarcation of the area granted under the lease. The lessee shall have to bear actual expenses of the staff deputed for the work. Actual expenses shall include travelling allowance, daily allowance and salary of the staff plus ten percent as instruments charges.(14)The mining lease may contain such other conditions as the Government may deem necessary in regard to the following, namely:-(i)the time limit, mode and place of payment of rents and royalties;(ii)the compensation for damage to the land covered by the lease;(iii)the felling of trees;(iv)the restriction of surface operations in any area prohibited by any authority;(v)the notice by lessee for surface occupation;(vi)the facilities to be given by the lessee for working other minor minerals in the leased area or adjacent areas;(vii)the entering and working in a reserved or protected forest;(viii)the securing of pits and shafts;(ix)the reporting of accidents;(x)the indemnity of Government against claims of third parties;(xi)the maintenance of sanitary conditions in the mining area;(xii)the forfeiture of property left after determination of the lease;(xiii)the delivery of possession over lands and mines on the surrender, expiration or determination of the lease;(xiv)the power to take possession of plant, machinery, premises and mines in the event of war or emergency;(xv)the mode and arrangement of transport of mineral from the leased area within the territory of Himachal Pradesh; and(xvi)no boulders, cobbles and hand broken ballast shall be transported outside the State.(15)The mechanical mining in river/stream bed shall be allowed only with the help of tyre mounted front end loader upto 80 Horse Power without backhoe with the permission of the Competent Authority i.e. Director. The lease holder seeking such permission shall deposit a sum as specified in the First Schedule as security and the Director may permit the use of mechanical mining under following terms and conditions:-(i)Depth of the pit below the surface shall not exceed one metre from the adjoining ground in case of river/stream bed;(ii)Natural flow of the water shall not be disturbed;(iii)The excavation of mineral shall be done by way of uniform stripping of mineral in a scientific manner;(iv)Any other condition imposed by the Competent Authority;(v)Any violation of terms and conditions imposed while granting such permission shall result in cancelation of permission and forfeiture of security amount thereof:Provided that the lease holder may use any type of excavator in hill slope mining.(16)(i)In case of Government land, the Government may, by giving two months' 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;(ii)Where the Government is of the opinion that it is expedient in the interest of regulation of mines and mineral development, preservation of natural environment, control of floods, prevention of pollution or to avoid danger to public health or communication or to ensure safety of building, monuments or other structures or for such other purposes, as the State Government may deed fit, it may, by an order, in respect of any minor mineral, make premature termination of mining lease with respect to the area or any part thereof covered by such lease:Provided that no order making a premature termination of a mining lease shall be, made except after giving the holder of the lease a reasonable opportunity of being heard.(iii)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 deed 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. All immovable and movable property erected in the leased area shall become the property of the Government after expiry of the lease.(17)The mining lease may contain any other special conditions as may be specified by the Government.
