State of Maharashtra - Act
Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013
MAHARASHTRA
India
India
Maharashtra Minor Mineral Extraction (Development and Regulation)Rules, 2013
Rule MAHARASHTRA-MINOR-MINERAL-EXTRACTION-DEVELOPMENT-AND-REGULATION-RULES-2013 of 2013
- Published on 14 September 2006
- Commenced on 14 September 2006
- [This is the version of this document from 14 September 2006.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
- In these rules, unless the context requires otherwise,3. Prospecting to precede mining operation.
4. Period for which prospecting license may be granted or renewed.
- The period for which a prospecting license may be granted shall not exceed two years.5. Scheme of prospecting.
6. Modification of scheme of prospecting.
7. Prospecting operations to be carried out in accordance with scheme of prospecting.
- Every holder of a prospecting license for minor mineral shall carry out the prospecting operations in accordance with the scheme of prospecting submitted under rule 5 or with such modifications, if any, as intimated under rule 6 or as directed by the Government or any Officer authorised by the Government in this behalf.8. Report of prospecting operations.
9. Mode of granting quarry lease.
10. Restriction on grant of quarry lease .
11. Application of quarry lease.
12. Incomplete application.
- The application without the required documents as mentioned in rule 11, shall be treated as incomplete and shall not be considered for granting lease. The applicant shall be informed to complete the application within a period of six months from the date of letter of intent for a grant of quarry lease. In case of non-compliance on the part of applicant in the stipulated period, the application will be treated as refused and the fees shall be forfeited. In such case, the date of receipt of complete application shall be treated as the date of receipt of application for deciding the application.13. Acknowledgement of application.
14. Grant of quarry lease, execution and registration thereof.
15. Disposal of application for quarry lease.
16. Refund of application fee.
- If the Competent Officer refuses to grant the quarry lease applied for or if the applicant refuses to accept the lease on account of any special condition imposed therein under rule 46, the fee shall be treated as processing fee and will not be refunded:Provided that, if the applicant refuses to accept the lease for reasons other than those referred to above, withdraws the application or fails to furnish the requisite information or to execute a lease deed in accordance with the provision of sub-rule (3) of rule 14, the application fee shall not be refunded.17. Intimation of refusal etc. to be given.
- When an application for a quarry lease is refused by the Competent Officer or is granted for less area than for which it was applied for, he shall communicate the reasons therefor in writing to the applicant for such refusal or reduction of area.18. Period for which lease may be granted or renewed.
19. Minimum and maximum area for grant of a quarry lease.
- The minimum area that may be granted under a quarry lease shall not be less than,-20. Mining plan as a pre-requisite to the grant of quarry lease.
- No lease shall be granted or renewed by the Government unless there is a mining plan duly approved by the Government or any person authorised in this behalf by it for the development of the minor minerals deposit in the area concerned.21. Mining plan to be prepared by a recognised qualified person.
- No mining plan shall be approved unless it is prepared by a qualified person recognised in this behalf by the Government or any person authorised by the Government or by a recognised person under rule 22B of the Mineral Concession Rules, 1960.22. Grant of recognition by Government.
23. Approval and submission of Mining Plan.
- On receipt of the application for grant of mining lease for undertaking mining operations for minor minerals, the Government shall take decision to grant precise area for the said purpose and communicate such decision to the applicant and on receipt of the communication from the Government of the precise area to be granted, the applicant shall submit a mining plan within a period of three months from the date on which such communication is received or such further period as may be allowed by the Government for the approval. The said mining plan shall incorporate,-24. Mining Plan as a pre-requisite to the commencement of mining operations.
25. Mine Closure Plan. - Every mine shall have Mine Closure Plan which shall be of two types, -
26. Submission of Progressive Mine Closure Plan.
27. Submission of Final Mine Closure Plan.
28. Modification of Mine Closure Plan.
29. Responsibility of holder of quarry lease.
30. Financial assurance.
31. Mining Plan to be submitted by existing lessee.
32. Review of Mining Plan.
33. Mining operations to be in accordance with Mining Plan.
34. Notice for opening of a mine and intimation of existence of a mine.
- The owner, agent, mining engineer or manager of every minor mineral quarry shall send to the Government or any person authorised in this behalf by the Government an intimation in Form-F of the opening of a mine so as to reach them within fifteen days of such opening or of the existence of a mine at the time of the commencement of these rules within ninety days from such commencement, as the case may be.35. Abandonment or surrender of quarry.
36. Notice of temporary discontinuance of work in quarry.
- The lessee, agent, mining engineer or manager of every minor mineral quarry shall send to the Government or any person authorised in this behalf by the Government a notice in Form-H when the work in such quarry is discontinued for a period exceeding sixty days so as to reach them within seventy-five days from the date of such temporary discontinuance.37. Intimation of reopening of a quarry.
- The lessee, agent, mining engineer or manager of every minor mineral quarry shall send to the Government or any person authorised in this behalf by the Government an intimation in Form-I of reopening of such quarry after temporary discontinuance so as to reach them within fifteen days from the date of such reopening.38. Prospecting and mining operations.
- The prospecting and mining operations shall be carried out in such a manner so as to ensure systematic development and conservation of minor mineral deposits and protection of environment.39. Register of application.
- A register of application for quarry lease shall be maintained by the Competent Officer in Form-J.40. Demarcation of area lease.
- Where a quarry lease is granted by a Competent Authority arrangement shall be made by the Competent Officer at the expense of the lessee for the demarcation of the area granted under the lease, before executing the lease Deed.41. Register of quarry lease granted.
- A register of quarry lease granted shall be maintained by the Competent Officer in Form-K.42. Registers to be kept open for inspection.
- The registers maintained by the Competent Officer under rules 39 and 41 shall be open to inspection by any person on payment of a fee of rupees twenty-five for the first hour and rupees ten for every subsequent hour or part thereof.43. Boundaries below surface.
- The boundaries of the area covered by a quarry lease shall run vertically downwards below the surface towards the center of the Earth.44. Payment of royalty, dead rent etc..
- When the quarry lease is renewed, royalty, dead rent, surface rent and other dues with lessee thereon shall be charged at the rates in force, from time to time.45. Transfer of quarry lease.
46. Every quarry lease shall be subjected to conditions.
- (i) The lessee shall pay royalty on minor minerals removed from the leased area at the rates specified by the Government, from time to time, on the date of the grant of the lease:Provided that, such rates may be revised only once in every three years.(ii)The royalty shall be paid by the lessee quarterly for the quarters ending March, June, September and December and shall be payable within fifteen days after completion of every quarter.(iii)For the purpose of computation of royalty dues, the lessee shall compute the said dues on the basis of self assessment and make the payment in the treasury accordingly. It shall also be binding on the lessee to make payment of the difference of royalty after final assessment demand from the Competent Officer:Provided that, the Competent Officer, without prejudice to the provision contained in rules, shall charge simple interest at the rate of fifteen percent per annum, on the delayed payment of royalty and other mining dues form the sixtieth day of the expiry of the date fixed by the Government for payment of such royalty and other mining dues until payment of such royalty and other mining dues is made.(iv)The lessee shall submit to the Competent Officer and the Director, a quarterly return in Form-L for the periods ending on the 30th June, 30th September, 31st December and 31st March in respect of payment of royalty.(v)The lessee shall also pay for every calendar year of the lease such yearly dead rent as specified by the Government, from time to time, and if the lessees permitted the working of more than one minerals in the same area, shall pay such separate dead rent in respect of each mineral as may be fixed by the Government, from time to time:Provided that, the dead rent may be revised once in every three years:Provided further that, the lessee shall be liable to pay the dead rent or royalty whichever is more, but not both, in respect of each minor mineral:Provided also that, the dead rent shall not be payable for the first three month following the execution of lease.(vi)The lessee shall also pay for every calendar year, surface rent and cess equal to non- agricultural assessment for the area for which working permission has been granted to him. Period to be calculated prospectively from the date of execution of lease as well as for the lease area for which no working permission has been granted.(vii)Unless the Competent Officer for sufficient cause permits otherwise, the lessee shall commence quarry operations within three months from the date of execution of the lease and shall transfer, carry them in a proper, skillful and workman like manner so as to ensure the safety of labourers, conservation of minerals etc.:Provided that, if the Government is of the opinion that it is expedient so to do in the interest of regulation of mines and minerals development, preservation of pollution or to avoid danger to public health or communication or ensure safety of building , monuments or other structure or for such other purpose, as the Government may deem fit, to terminate permanently any quarry lease, after issuing due notice of thirty days to the lessee, terminate or determine such quarry lease in respect of any land:Provided further that, the Government may after the premature termination of quarry lease, grant quarry lease in favour of another eligible person or such Government company or corporation owned or controlled by Government as it may think fit.(viii)Before lessee commences quarry operation, the lessee shall, in consultation with the Competent Officer and at his own expense, demarcate the leased area through the Deputy Superintendent of Land Records and erect and maintain in good condition prominent boundary marks and pillars, necessary to indicate the area leased to him and shall at all time maintain and keep such boundary marks and pillars in good conditions. The lessee shall also keep proper maintenance of any road, power transmission line, tramway, railway, Ariel ropeway, pipeline etc. passing through his lease hold area. He shall also make proper passage for water used for quarry purposes. He shall keep such maintenance in case of any type of land (either Government land or private land) under his lease hold area.(ix)The lessee shall take adequate steps to ensure that,-(a)height and width of benches in opencast quarries are properly maintained to facilitate easy removal of mineral and the muck.In case of quarry in alluvium or soil or murum or gravel clay or debris or any such loose or soft formation the faces of the quarry shall be sloped at an angle of safety not exceeding forty-five degree (45o ) from the horizontal so also the faces of the quarry shall be worked by the lessee in such a way so as to form benches and the height of every such bench shall not exceed one and half meters (1.5 meters with the breadth thereof not less than the height).In case of hard-rock formations the faces of quarry shall be sloped at an angle of not more than sixty degrees (60o ) from the horizontal and the quarry face shall be in bench pattern. The height of any bench shall not exceed six meters and the breadth thereof shall not be less than the height;(b)The working faces are always kept clean; and(c)The minor minerals won are stacked in suitable dimension and each stack is numbered.(x)If any minor mineral not specified in the lease is at any time discovered in the lease area, the lessee shall without delay report the discovery to the Competent Officer and also to the Director and shall not undertake any quarry operation in respect of such minor mineral or dispose of such minor mineral without obtaining a separate lease therefor. If the lessee fails to apply for such lease within three months from the date of the discovery of mineral, the Competent Officer may grant a lease in respect of such minor mineral to any other person.(xi)The lessee shall arrange for a proper sanitation of the area leased to him.(xii)The lessee shall abide by all such reasonable instructions or direction as may from time to time be issued by the Government or the Director, regarding the conservation and development of minor minerals.(xiii)The lessee shall abide by the provisions of any law in force relating to the working of mines and matters affecting safety, health and convenience of his employees, of the public visiting the site and shall respect all existing rights of way, water and other easements vesting in any other person.(xiv)The lessee shall not carry on or allow to be carried on any quarry operations at any point within a distance of fifty meters, if no blasting is involved, and two hundred meters, if blasting is involved,-(a)from the boundary of any railway line, unless a written permission of the railway authority concerned is obtained in that behalf;(b)from the boundary of any reservoir, canal, road, river, nallah, irrigation works or public works or buildings, unless a written permission of concerned authority of the Government is obtained in that behalf. In granting any such permission, the Government may impose such conditions on advice of railway authority or any concerned authority and the lessee shall abide by such conditions.(xv)The lessee shall keep correct and true accounts of expenses incurred by him on quarry operations and also the accounts showing the quantity and other particulars of all minor minerals obtained, the names of the purchasers , the receipts for money received, and the number of employees present in the quarry and complete plans of the quarry and shall furnish to the Competent Officer, and the Director such information, reports and returns as any of them may require, from time to time, together with representative samples of minerals obtained during the operations and shall submit by the 10th day of every month to those officers, a return in Form-M giving the total quantity of material raised in the preceding calendar month and its value. The lessee shall also furnish to the Competent Officer and the Director, annual return giving the total quantity of material raised in the preceding year and its value in Form-N by the 15th of January every year:Provided that, if the period of the lease expires before the close of a year, the lessee shall also furnish returns for such shorter period.(xvi)The lessee shall allow any officer authorised by the Government in this behalf or the Competent Officer or any officer authorised competent officer to enter upon any building, excavation or land covered by his lease for the purpose of inspecting the same or for inspecting the accounts plans and record which may be required to produce before such officer. Any such officer may issue such reasonable directions as he may deems fit to prevent wasteful extraction of minerals, and it shall be the duty of the lessee , his agent or manager to carry out such directions with such period as the officer may specify.(xvii)Where the strengthening or supporting of any part of quarry is necessary for the safety of any railway, reservoir, canal, road or any other public work or structure, the lessee shall cause it to be done to the satisfaction of the concerned railway authority where the safety of the railway is involved and to the satisfaction of any officer, authorised by Competent Officer for this purpose.(xviii)If the lessee fails to undertake quarry operations within a period of one hundred eighty days after the date of execution of the lease, or, having commenced quarry operations, has discontinued the same for a continuous period of one hundred eighty days, the lease shall be treated as lapsed on the expiry of the period of one hundred eighty days from the date of execution of the lease or as the case may be, discontinuous of the quarry operation:Provided that, the Competent Officer may, on an application made by the holder of such lease before its expiry under this sub-rule and on being satisfied that it will not be possible for the holder of the lease, to undertake mining operation or to continue such operations for reasons beyond his control, make an order, subject to such conditions as may be specified in the order, to the effect that such lease shall not lapse:Provided further that, the Government may on an application submitted by the lessee, within a period of six months from the date of its lapse and on being satisfied that such non- commencement or discontinuance was due to reasons beyond the control of the holder of the lease, revive the lease from such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the lease:Provided also that, no quarry lease shall be revived under the aforesaid provisos for not more than twice during the entire period of the lease.(xix)The lessee shall report all accidents immediately to the District Magistrate, the Superintendent of Police and the Competent Officer, or in case the severity of accident so warrants, the concerned Director of Mines of Safety of Government of India.(xx)The Government shall be immune from the lessee's claims for the damages on account of any land having been included in this lease which may subsequently be discovered not to have been available for the lease.(xxi)The lessee or his transferee or assignee shall not erect any building in contravention of the provisions of any law, order or instructions in force relating to the erection of the buildings or in contraventions of any orders issued by any officers or authority competent to issue such orders under any such laws, orders or instructions within whose jurisdiction the leased area is situated.(xxii)The Government shall at all times have the right of preemption of the minor minerals won from the land in respect of which the lease has been granted:Provided that, the fair market price prevailing at the time of pre-emption shall be paid to the lessee for all such minor minerals.(xxiii)Right of the State or Central Government or any local authority to construct any road, railway, canal, reservoir or public work or the right of any authority to carry any electric or telephone lines or poles in or over the lands demised under the lease is reserved:Provided that, before such right is exercised a notice of not less than thirty days shall be given to the lessee and the area utilised for any of the aforesaid purpose shall be excluded from the area under the lease.(xxiv)The lessee shall immediately submit a report to the Collector, the District Magistrate, the Chief Inspector of Mines, Dhanbad, the Controller General, Indian Bureau of Mines, the Director and Senior Geologist or Geologist, Junior Geologist posted in the area as soon as-(a)the depth of any opencast excavation measured from its height to the lowest point reaches six meters, or(b)the explosives are used, and at such time thereafter as the District Magistrate or the Chief Inspector of Mines may direct.(xxv)The lessee shall allow any Government Department to remove by way of departmental work without any payment of royalty from any non worked portion of the leased area, any minor mineral required for bonafied Government work, on receiving written instructions from the Competent Officers. The Competent Officer shall issue such instruction to lessee on receiving written and specific request from that officer of any particular departments who is competent to certify the benefited Government work, in question as regards the extent of such work and quantity of minor mineral or minerals specifically required for it:Provided that, the Government Department shall give the amount of compensation due to the land owner or the lessee, as the case may be, if the lease has been granted of private land.(xxvi)The lessee shall issue along with every dispatch of mineral outside the lease hold area for any mode of transport a Transit pass in Form-O.(xxvii)The lessee shall pay to the occupier of the surface of the land, such compensation as may primarily be decided, mutually, amongst the lessee and the individual land holders, prior to any disturbance to the land that would be caused by the quarry operations. The lessee shall for this purpose, submit an affidavit at the time of execution of the quarry lease deed, to the effect that he has entered into such mutual agreements with all the concerned land holders and with those land holder with whom such an agreement could not be entered into, the lessee has obtained provisional written order from the concerned Sub-Divisional Officer to enter into such land with the intention of commencing quarry operations:Provides that, the concerned Sub-Divisional Officer shall have such case registered in his court under the provisions of section 48 of the Maharashtra Land Revenue Code, 1966:Provided further that, the concerned Sub-Divisional Officer shall settle such cases of surface compensation regarding quarry lease on priority basis and considering the merits of the cases.(xxviii)In case of quarry lease granted over any Government land, lessee shall pay to the Government the compensation or occupancy price as determined and fixed by Revenue authorities.(xxix)The lessee shall comply strictly all the relevant provisions of the following Acts and Rules and corresponding procedures framed by the Central or State Governments under these Acts and rules, namely:-(a)the Mines Act 1952.(b)the Mineral Conservation and Development Rules-1988.(c)Any other Act or rules which the Central or State Government may make applicable, from time to time, as regards minor minerals.(xxx) (i)The lands on which quarry lease is granted shall be reclaimed by the lessee.(ii)The lessee shall restore ecological balance before mining operations.(iii)The lessee shall plant the trees around the leased area and maintain the same. He shall ensure that the greenery in the area is maintained.(xxxi)(1) Any other special conditions which the Competent Officer may specify, subject to the approval of the Government.47. Rights of lessee.
- Subject to the conditions mentioned in rule 46, the lessee shall have the right, for the purpose of his quarry operations, to :-48. Right to determine lease.
49. Protection of environment.
- Every holder of a prospecting license or a quarry lease shall take all possible precautions for the protection of environment wildlife habitat, flora and fauna of that area and control of pollution while conducting prospecting, mining or processing of minor mineral in the area for which such license or lease is granted.50. Removal and utilization of top soil.
51. Storage of overburden, waste rock etc..
52. Reclamation and Rehabilitation of lands.
53. Precaution against air pollution.
- Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for minor minerals and related activities shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force.54. Discharge of effluents.
- Every holder of a prospecting license or a lease shall take all possible precautions to prevent or reduce to a minimum discharge of toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant into surface of ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard, and they shall not be allowed to be flown discharged in the adjoining forest land, if any.55. Precaution against noise.
- Noise arising out of prospecting, mining and processing operations for minor mineral shall be abated or controlled by the holder of prospecting licensee or a lessee at the source so as to keep it within the permissible limits.56. Permissible limits and standards.
- The standards and permissible limits of all pollutants, toxins and noise referred to in rules 53, 54 and 55 above shall be those notified by the concerned authorities under the provisions of the relevant statutes, from time to time.57. Restoration of flora.
Chapter IV
Grant of Quarry Permits for Minor Minerals
58. District Committee.
- There shall be a committee in every district under the Chairmanship of District Collector to prepare the District Mining Plan and ensure that the short term quarry permits are granted in accordance with the District Mining Plan. The District Level Committee shall consist of the following:-| (i) | District Collector | …Chairman; |
| (ii) | District level Officer of the MaharashtraPollution Control Board…Member; | |
| (iii) | Deputy Conservator of Forest | …Member; |
| (iv) | District level Officer of the Ground WaterSurvey and Development Agency | …Member; |
| (v) | District Mining Officer | …Member-secretary. |
59. Grant of short term permits for minor minerals.
60. Grant of Quarry permits by Revenue officers over lands in charge of Water Resources Department, Public Works Department.
- In case of lands in charge of Departments other than Revenue Department that is, Water Resources Department, Public Works Department, quarry permits over such lands shall be granted by the Competent Officer only after obtaining No Objection Certificate (N.O.C.) from concerned Executive Engineer in case of Water Resources Department and Public Works Departments and Divisional Forest Officer of the Forests Department.61. Application for quarry permits.
62. Application or Processing fee.
- The application shall be accompanied with the processing fee as follows:-63. Acknowledgement of application.
- The receipt of an application for a quarry permit shall be acknowledged in Form-Q within three days on the receipt of application and the entry of such application shall be made in the register in Form-R.64. Register of quarry permits.
- A register of quarry permit shall be maintained by the Competent Officer and separate register shall be maintained for each type of minor mineral.65. Disposal of application for quarry permit.
- (i)On receipt of application the Competent Officer after verification of necessary documents grant or refuse the permit as he may deem fit, within within a period of thirty days from the date of such application. In no case the applicant shall start work unless he remits full amount of royalty and other assessable rents, taxes for such permit in advance and also unless he is issued the requisite permit by the Competent Officer.66. Conditions on which quarry permit shall be granted.
67. General Conditions.
68. Disposal of minor minerals by way of public auction.
69. River bed mining.
70. Disposal of sand from nalah, river bed and creeks by way of public auction.
- Auction, disposal, terms and condition with auctioneer etc. procedures shall be specified by way of executive instructions, from time to time, by the the Government.Chapter VI
Stocking and Selling of Minor Mineral
71. License for a dealer.
72. Grant or refusal of License.
- In granting or refusing a dealer's license under rule 71(3) (1) the Competent Officer shall take into consideration the following matters:-73. Display of License.
- Every dealer shall display the license granted to him under rule 71 in prominent place in a part of premises open to the public.74. Maintenance of records of production and sale for inspection.
- A dealer shall maintain in Form-U a record of all purchases and sale effected by him of each minor mineral showing the particulars of the source and quantity of purchase and of persons to whom, sold and a stock register in Form-V and other records, if any, as the Competent Officer may specify and such records shall be open to inspection by Competent Officer, District Mining Officer or any other officer authorised in this behalf by the Competent Authority.A dealer shall purchase the material only from the lease holder or permit holder and shall take from them transit pass for supply of material and shall preserve the same and produce the same when demanded by the Competent Officer. He shall also maintain a register of such transaction.75. Furnishing of statement of accounts by a dealer.
- Every dealer shall within seven days from the close of each month submit to the Competent Officer a statements of Accounts in Form-W of the total purchase and sale effected by him during the month.76. Cancellation of license.
- If a dealer fails to comply with any of the conditions of license or any of the provisions of the Act, rules or orders in this regard, the Competent Officer may by an order in writing cancel the license issued under these rules.77. Period of license.
- The period of dealer license shall be valid for a calendar year and shall expire on the 31st December of every year.78. Transit pass for transporting of minor mineral.
- Every producer and dealer shall keep with vehicle transporting the material, the transit Bar-coded pass in Form-X, duly certified by the Competent Officer. The transit pass shall be in duplicate. Duplicate copy shall be retained by the producer or dealer. The original copy of the transit pass shall be handed over to the purchaser after unloading the minor mineral. In absence of the transit pass, the minor mineral carried through the vehicle will be treated as illicit and authorised. The truck along with material shall be confiscated by the Competent Officer, Police or any person authorised for this purpose by the Competent Officer. The vehicle so seized shall only be released on payment of cost of material, royalty and taxes and fine imposed thereon. The fine so imposed may not exceed three times the market value of the mineral so seized and also may not be less than the market value of the material so seized.Chapter - VII Offences, Penalties and Prosecution.79. Unauthorised Operation.
80. Power of entry and inspection.
81. Recovery of certain sums as arrears of land revenue.
- Any rent, royalty, tax, fee or any other sum due to the Government under these rules and under the terms and conditions of quarry lease, permit or auction on a Certificate from Competent Officer or as may be specified by him be recovered in the same manner as an arrears of land revenue.Chapter - VIII 82. Appeal.83. Form of appeal and fees.
84. Power of Government to call for and examine records and proceedings.
- The Government may call for and examine the records of any enquiry or the proceedings of any Competent Officer or any other concerned officer for the purpose of satisfying itself, as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer:Provided that, the Government shall not revise or reverse any order affecting any question of right between private person without giving to the party or parties an opportunity of being heard.85. Power of Government.
- In case of any dispute or any question or any other matter regarding any term or condition of quarry lease or anything connected with the quarries or minor minerals specified in the lease, the decision of the Government shall be final and binding on the lessee:Provided that, the Government shall not exercise this power without giving proper opportunity to the lessee o being:Provided further that a condition to this effect shall be provided in the lease-deed.86. Application of these rules to renewal.
- Where a quarry lease or any other concession for quarry of a minor mineral or minerals, granted before the commencement of these rules is renewed after such commencement, these rules shall apply in relation to such renewal of quarry lease granted after such commencement.87. Invalidity of minor mineral concession in certain cases.
- In case, a quarry permit is granted by one Competent Officer over an area wherein a quarry lease is already granted may not be executed and quarry operations may not have been commenced by another Competent Officer or even by the same Competent Officer the permit shall become invalid and shall not be allowed to be worked, and in such case, the quarry permit fee shall be refunded to the applicant by the Competent Officer, who has granted the same. Similar provision shall apply in case any quarry permit is granted over an area wherein any quarry- permit is granted, earlier:It shall be binding on every Competent Officer within a District or any other concerned officer to provide up-to-date and self-contained data of any minerals concession granted by him to all the other Competent Officer within the same District and to the Director. It shall also be binding upon all such Competent Officers to maintain such up-to- date correct data and to have it's reference prior to any mineral concessions within their respective jurisdiction.88. Powers of State Government to give directions.
- Not-withstanding anything contained in the foregoing provisions of these rule, if the State Government is of the opinion that it is necessary so to do in the interest of labourers who work in mines, the State Government may by an order direct that in the matter of grant of quarry lease or quarry permits under these rules preference may be given to Co-operative Labour Societies consisting of such labourers or reserve any area in which such leases or permits may be granted to such Societies only.89. Repeal and Saving.
1. Type of the minor mineral for which prospecting operation has been granted:
2. Name and address of the license
3. Particulars of the prospecting license :
4. Location of the prospecting licensed area :
5. Particulars of the Mining Engineer or Geologist employed optionally, if any, for the prospecting licenced area:
6. Status of Prospecting Operation : In Progress :
Please tick mark on the boxes Completed :Whichever is applicable Abandoned :7. Total surface area covered by prospecting work (hectare) :
8. Prospecting work completed during the year :
(a)Geological mapping : Area in Hectare Scale :(b)Pitting(i)No. of Pits :(ii)Grid pattern :(iii)Depth (Mts.) Average :Maximum :Minimum :(c)Trenching (i) No. of trenches (with interval) :(ii)Length (Mts.) Average :Maximum :Minimum :(d)No. and size of samples :(e)Drilling :(i)No. of boreholes completed during the year (with size of core):(ii)No of boreholes in progress :(iii)Total yearly drilling (Mts.) :(f)Particulars of drilling machines Type Make Capacity No. of drills(g)Details of samples tested:(i)No. of samples tested :(ii)Complete report :(Testing the suitability as per market requirement)Place :Date :Signature :Name in full :Designation :Note. - Please enclose a geological report describing the prospecting operations undertaken so far accompanied by the detailed geological plans and sections showing structural details such as joints, fractures, folds, faults, grain size, texture etc. and also showing locations of (a) bore holes (b) pits, (c) trenches, (d) sample positions etc. The report shall also contain the bore hole logs and the inferences drawn as a results of the study of the geology of the area and the interpretation of the bore hole core, pits, trenches, reserves of minor mineral and complete report of at least two representative samples indicating quality and suitability of mineral as per market requirements.Form - B(See rule 11(1))Affix here Court - Fee Stamp of Rs. 20Application For Quarry Lease.Received:-At :- (Place)On :- (Date)(Initials of Receiving Officer or the Official authorized for this purpose)(Name and Designation)Dated day of 20-----To,The Competent Officer (Designation)At:- (Place)Sir,1. Liberty and power at all time during the term hereby demises to enter upon the said lands and to search for mine/quarry, bore, dig, drill fox, win, work, dress, process, convert, carry away and dispose of the said minor mineral.
2. Liberty and power for or in connection with any of the purposes mentioned in this part to sink, drive, make, maintain and use in the said lands any pits, shafts, inclines, drifts, levels, waterways and other works.
3. Liberty and power for or in connection with any of the purposes mentioned in this part to erect, construct, maintain and use on or under the said lands any engines, machinery, plant dressing flowers furnaces, coke oven, brick kilns, workshop, store house, bungalows, godown's, sheds and other structure.
4. Liberty and power for or in connection with any of the purposes mentioned in this part to make any tramway, railways roads and other ways in or over the said lands and to use, maintain and go and repass with or without horses, cattle, wagons, locomotives or other vehicles over the same (or any existing tramways, railways, roads and other ways in or over the said lands) or such conditions as may be agreed to.
5. Liberty and power for or in connection with any of the purposes mentioned in this Part to quarry and get minor mineral and to use the same and to use such bricks or tiles but not to sell any such material.
6. Liberty and power for or in connection with any of the purposes mentioned in this part but subject to the rights of any existing or future leases and with the written permission of the Collector of ............................. (hereafter called "the Collector" which expression shall include any other officer authorized by the State Government in that behalf) to appropriate and use water from any streams, water courses, springs or other sources in or upon the said land and to divert, step up or dam any such stream or water course and collect or impound any such water and to make, construct and maintain any water-course culverts, drain or reservoirs but not as so to deprive any cultivated lands, villages, buildings, or watering places for livestock of a reasonable supply of water as before accustomed nor in any way to foul or pollute any stream or springs.
Provided that, the lessee or lessees shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permission of the State Government.7. Liberty and power to enter upon and use a sufficient part of the surface of the said land for the purpose of stacking, heaping, storing or depositing thereon any produce of the mines quarries on work carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this Part.
8. Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate process, dress, convert the said mineral produced from the said land and to carry away such beneficiate process, dress, convert the said mineral produce from the said land and to carry away such beneficiated or processed, dressed, converted mineral.
9. Liberty and power for or in connection with any of the purposes mentioned in this part to fell timber or trees or brushwood now standing or which hereafter may be standing upon the Forest or reserved forest land included in the lease for the area for which clearances from forest department of Government of India has been obtained and for which prior permission in writing has been given by the concerned Divisional Forest Officer. The shall Keep a correct account of the number of trees or timer fell by him, from time to time, and shall hand it over the Forest Department.
Part-III Restrictions and Conditions As To The Exercise of The Liberties, Power and Privileges In Part-II1. No building or thing shall be erected, set up or placed and no surface operation shall be carried on in or upon any public pleasure ground, burning or burial ground or place held sacred by any class of person or any house or village site, public road or other place which the State Government may determine as public ground nor in such a manner as to injure or pre-judicially effect any building works, property or rights of other person an no land shall be used for surface operations which is already occupied by person other than the State Governor for works or purposes not included in this lease. The lease shall not also interfere with any right of way, well or tank.
2. Before using for surface operation any land which has not already been used for such operations the lessee or lessees shall give to the competent authority ............ days/months/calendar previous notice in writing specifying the name or other description of the situation and the extent of the land proposed to be so used and the purpose for which the same is required and the said land shall not be so used if objection is issued by the Competent Authority within one month after the receipt by him of such notice unless the objection so stated shall on reference to the State Government be annulled or waived.
3. The lessee or lessees shall not without the express sanction of the Competent Authority cut down or injure any timber or trees on the said lands but may without such sanctioned clear away any brushwood or undergrowth which interferes with any operations authorized by these Mining, the discovery in the areas , comprised in his or their lease, or any minerals not specified in these lease.
Part-IV Liberties, Powers and Privileges Reserved To The State Government1. Liberties and powers for the State Government or any lessee or person authorized by it in that behalf to enter into and upon the said lands and to search for win, work, dig, gel, raise, dress, process, convert and carry away any minerals other than said minerals and any other substances and for those purposes to sink, drive, make, erect, construct, maintain and use such pits, shafts, inclines, drifts, levels and other lines waterways, airways, water coerces, drains, reservoirs, engines, machinery, plant, buildings, canals, transways, railways, roads, ways and other and conveniences as may be deemed necessary or convenient:
Provided that, in exercise of such liberty and power no substantial hindrance or interferences shall be caused to or with the liberties, powers and privileges of the lessee or lessees under these presents and that the lessee or lessees shall be entitled to such fair compensation as may be mutually agreed upon or in the event of disagreement as may be determined by the Competent Authority or any other officer appointed by the State Government in respect of all loss or damage sustained by the lessee or lessees by reason or in consequences of the exercise of such liberty and power.2. Liberty and power to the State Government or Central Government to construct any road, railway or canal, reservoir or to carry away electric or telephone lines in or ever the lands under lease is reserved.
Provided that before such liberty or power is exercised a notice of not less than sixty days shall be given to the lessee and the area utilized by Government for any of the aforesaid purposes shall be excluded from the area under the lease and the lessee will not be entitled to claim any compensation for such exclusion.Part-V Rents and Royalties Reserved By This Lease1. The lessee or lessees shall not be liable to pay in respect of any half yearly period both the dead rent reserved by clause 2 of this Part and also the sum of the royalties reserved by clause 3 of this Part but shall pay the said sum only whichever is higher.
2. Subject to the provision of clause 1 of this part, as from the day of .................20.. during the substance of this lease the lessee or lessees shall pay to the State Government the dead rent for every six months period on 31st January and 31st July of every year and the rate specified by Government and as applicable on the date of this lease . These rates are subject to revision, from time to time.
3. Subject to the provision of clause 1 of this part the lessee or lessees shall during the substance of this lease pay royalty to the State Government at the rates specified. Such payment of royalty shall be made by the lessee in advance in each quarter in the manner prescribed in rule of the said rule.
Provided that the rate is liable to be revised by the State Government once in every three years and the lessee shall then pay to the State Government royalty at such revised rates. The privilege rate of royalty and manner of its payment.4. The lessee or lessees shall pay surface rent to the State Government in respect of the said land at the rate as may be specified by Government, from time to time under the authority of these presents from the commencements of such occupation or use until the area shall cease to be so occupied or used and shall so far as possible be restored to its original condition or reclaimed. Such surface rent at much rate as prescribed shall be paid upon each of the half yearly dates hereinbefore appointed for the payment of annual dead rent.
Part-VI Provisions Relating To The Rents and Royalties1. The royalties mention in Part-V of the Schedule shall be paid free from any deduction to the State Government.
2. For the purpose of computing the said royalties the lessee or lessees shall keep a correct account of the mineral or minerals actually produced from against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expense in connection therewith.
3. The lessee or lessees shall during the substance of the lease well and sufficiently secure and keep open with timber or other durable means all pits, shafts and working that may be made or used in the said land and make and maintain sufficient fences to the satisfaction of the State Government round every such pit or working whether the same is abandoned or not and shall during the same period keep all working in the said land except such as maybe abandoned accessible free from water and foul air as far as possible. The lessee or lessees shall also take adequate steps to ensure that-
4. The Lessee or Lessees shall strengthen and support to the satisfaction of the railway administration concerned or the State Government or any other competent authority controlling the provision of any law for the time being in force relating to the working of mines and matters affecting surety, health and labour matters, 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, reservoir, canal, road and other public works or structures.
5. The lessee or lessees shall submit, from time to time, or when required, progress report to the collector and the District of Geology and Mining, along with analysis and representative sample of the mineral collected during the mining operations as also the annual return or prescribed return in the manner prescribed by them, from time to time.
6. The lessee or lessees shall allow any officer authorized by the Central Government or the State Government or the competent authority or the Director of Geology and Mining under the said rule in the behalf to the enter upon the premises including any building excavation or land comprised in the lease for the purpose of inspecting , examining , surveying and making plan thereof, sampling and collecting any data and the lessee or lessees shall with proper person employed by the lessee or lessees acquainted with the mine and work effectively assist such officers, agent, servants and workman in conducting every such inspection and shall afford them all facilities information connected with the working of the mine which they reasonably require, such officer may issue such reasonable directions, as he may deem fit to prevent wasteful extraction of mineral and it shall be the duty of the lessee or lessees his or their agent or manager to carry out such directions within such period as the officer may specify. The lessee or lessees his or their agent or manager fails to carry out such direction within the specified period, the competent authority may determine the lessee or may impose a penalty at the rate of Rs.500 per day till such directions are compiled by the lessee or lessees.
7. The lessee or lessees shall report all accident to the District Magistrate and Director of Mines and Safety and the District Superintendent of Police. In case of any accident causing death or serious bodily injury or serious injury to property or seriously affecting or endangering life or property which may occur in the course of the operations under this lease, the lessee shall send a complete report without any delay of such an accident to the said officers.
8. Whenever the lessee or lessees shall find in the said land mineral other than the said minerals the lessee or lessees shall report such discovery in writing to the competent authority and to the Director of Geology and Mining with full particulars of the nature and position of each such find within a fortnight and shall not dispose of such mineral, in case of discovery of any other minor mineral, for which lease is not granted, the lessee shall report the discovery to the competent authority within eight days who may grant a lease in respect of such other minor mineral. In case discovery of major mineral, the lease shall report the discovery to the competent authority and the Director within a fortnight and shall not mine and dispatch such major mineral. The lessee, if interested, may apply for grant of lease of such minor mineral under Mineral Concession Rules, 1960.
9. The lessee or lessees shall at all time during the said term keep or cause to be kept at an office to be situated upon or near the said lands correct and intelligible books of account which shall contain accurate entries showing from time to time,-
10. The lessee or lessees shall at all time during the said term maintain at the mine office correct intelligible up-to-date and complete plans and sections of the mines in the said lands. They shall show all the operations and working and all the trenches, pits and drillings made by him or them in the course of operations carried on by him or them under the lease, faults and other disturbances encountered and geological data (and all such plans and section shall be amended and filled by end) from actual surveys to be made for that purpose at the end of twelve months or any period specified, from time to time, and all lessee or lessees shall furnish free of charge to the Competent Authority and to the Director of Geology and Mining true and correct couples of such plans and section whenever these are required. Accurate records of all trenches, pits and drilling shall show,-
11. The lessee or lessees shall be bound by the provisions of any laws for the time being in force, relating to the working of the mines or quarries and matter affecting safety, health and convenience of the lessee or lessees employees or of the public.
12. The lessee or lessees shall respect all existing rights of way, water and other easement and shall not carry on mining or other operations. Under the said lease in any way, other than the prescribed under these rules.
13. The lessee or lessees shall make and pay reasonable satisfaction and compensation for all damage, injury or disturbances of person or property which may be done but or on the part of the lessee or lessees in exercise of the liberties and powers granted by these presents and shall at all times save harmless and keep indemnified the State Government from and against all suits, claims and demands which may be brought or made by any person or person in respect of any such damage, injury, injury or disturbances.
14. The lessee or lessees will exercise the liberties and powers hereby granted in such a manner as to offer no necessary or reasonably avoidable obstruction or interruption to the development and working within the said lands of any mineral not included in the lease and shall at all times affords to the Central and State Government and to the holders of mining lease, permits and prospecting license or mining lease in respect of any such minerals or any minerals within any land adjacent to the said lands, as the case may be, reasonable means of access and safe and convenient passage upon the across the said lands to such minerals for the purpose of getting, working, developing and carrying away the same provided that the lessee or lessees shall receive reasonable compensation for any damage or injury which he may sustain by reason or in consequence of the use of such passage by such lessees or holders of prospecting license.
15. The lessee or lessees shall not without previous approval of the Competent Authority assign or subject, mortgage or in any other manner transfer mining lease as a whole or any right therein.
16. Whenever the security deposits as provide in rule 14 of the said rules or any part thereof or any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the Competent Authority pursuant to the power hereafter declared in that behalf the lessee or lessees shall deposit with the State Government such further sum as may be sufficient with the inappropriate part thereof to bring the amount in deposit with the State Government up to the sum equal to the said full security deposit amount. Lessee or lessees on or in connection with the said lands or operations under this lease and during such possession or control the lessee or lessees shall confirm and obey all directions given by or on behalf of the Central or State Government regarding the use or employment of such works, plants, premises and minerals.
Provided that after compensation which shall be determined in default or agreement by the State Government shall be paid to the lessee or lessees for all loss or damage sustained by him or them by reason or in consequences of the exercise of the power conferred by this clause and provided also that the exercise of such powers shall not determine the said term hereby granted or effect the terms and provisions of these presents further than may be necessary to give effect to the provisions of this clause.17. The lessee or lessees shall not light any fire upon the said lands if lying within the reserved forest areas except under such conditions as the Divisional Forest Officer may in writing specifying and the lessee or lessees and his or their workmen and employees shall render prompt assistance in extinguishing any fire on the said land or in their vicinity. The lessee or lessees shall be liable for all damage resulting from fire caused by the act or omission of the lessee or lessees or his or their employees and shall pay such compensation for the said damage as may be assessed by the Divisional Forest Officer as to the amount of compensation payable by the lessee or lessees shall be final and binding on the lessee or lessees.
18. (a) The lessee or lessees shall not remove any other produce except the minor minerals mentioned in the lease. The lessee or lessees shall without mining, the discovery in the areas, comprised in his or their lease, or any minerals not specified in the lease.
19. The lessee or lessees shall make available to the Government of India beryl or any other "substance prescribed" under section 3 of the Atomic Energy Act (Act No. XXIX of 1948) if they are found to occur in the said lands.
20. The State Government shall be immune from the lessee or lessees claim for damage on account of any land having been included in this lease which may subsequently be discovered not to have been available for the lease.
21. The lessee or lessees or his or their transferred or assignees shall not erect any building in contravention of the provisions of any law, for the time being in force, relating to the erection of building or in contravention of any order issue by such orders under any such laws within whose jurisdiction the leased area is situated.
22. The lessee or lessees shall abide by such instructions and direction as may be issued by the State Government from time to time, regarding conservation and development of minor minerals.
23. The lessee or lessees shall bear and pay the stamp duty and registration charges on this documents.
Part VII – Systematic and Scientific Mining
1. Protection of environment:- Every holder of a prospecting license or a lease shall take all possible precautions for the protection of environment and control of pollution while conducting prospecting, mining or processing of minor mineral in the area for which such license or lease is granted.
2. Removal and utilization of top soil:-
3. Storage of overburden, waste rock etc.:-
4. (i) Reclamation and Rehabilitation of lands :- Every holder of prospecting licence or mining lease shall undertake the phased restoration, reclamation and rehabilitation of land affected by prospecting or mining operation and shall complete this work before the completion of such operations and abandonment of prospecting or mine.
5. Precaution against air pollution: - Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for minor minerals and related activities shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force.
6. Discharge of effluents:- Every holder of a prospecting license or a lease shall take all possible precautions to prevent or reduce to a minimum the discharge of toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant into surface of ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard.
7. Precaution against noise:- Noise arising out of prospecting, mining and processing operations for minor mineral shall be abated or controlled by the holder of prospecting licensee or a lessee at the source so as to keep it within the permissible limits.
8. Permissible limits and standards:- The standards and permissible limits of all pollutants, toxins and noise referred to in Rule 48, 49 and 50 above shall be those notified by the concerned authorities under the provisions of the relevant status from time to time.
9. Restoration of flora:- (1) Every holder of prospecting license or a mining lease shall carry out prospecting or mining operations as the case may be, in such a manner so as to cause least damage to the flora of the area held under prospecting license or mining lease in the nearby area.
1. Lessee may hold and enjoy right quietly. - The lessee or lessees paying the rents and royalties hereby reserved and observing and performing all the covenants and agreements herein contained and on the part of the lessee or lessees to be observed and performed shall and may quietly hold and enjoy the rights and premises hereby demised for and during the term hereby granted without any unlawful interruption from or by the State Government, or any person rightfully claiming under it.
2. Acquisition of lands of third parties and compensation thereof. - If in accordance with the provision of clause 4 of Part VII of this Schedule, the lessee or lessees shall offer to pay to an occupier of the surface or any part of the said lands compensation for any damage or injury which may arise from the proposed operations of the lessee or lessees and the said occupier shall refuse his consent to the exercise of the right and powers reserved to the State Government and demised to the lessee or lessees by these presents and the lessee or lessees shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the State Government are satisfied that the amount of compensation offered is fair and reasonable or if it is not so satisfied and the lessee shall have deposited with it such further amount as the State Government shall consider fair and reasonable, the State Government shall order the occupier to allow the lessee or lessees to enter the land and to carry out such operations as may be necessary for the purpose of this lease. In assessing the amount of such compensation, the State Government shall be guided by the principles of the Land Acquisition Act, 1894.
3. To renew. - If the lessee or lessees be desirous of taking a renewed lease of the premises hereby demised or of any part of them for a further ten of.... Years from the expiration of the term hereby granted and of such desire shall at least 90 days prior to the expiration of the last mentioned term submit to the Competent Authority an application as provided in rule 19 of the said rules and such application shall be accompanied by non-refundable application fee of Rs. 500. The application so received for renewal of lease shall be disposed of by the Competent Authority before the expiry of the lease period. If the application is not disposed of before the expiry of lease, the period of this lease shall be deemed to have been extended for a further period of six months or till such date on which the applicant is informed about the refusal, whichever is earlier. The lessee shall continue to pay the rents and royalties hereby reserved and shall observe and perform the several covenants and agreements herein contained and on the part of the lessee or lessees during the period deemed to have been extended as aforesaid. The lease shall be renewable at the option of the lessee for one term not exceeding the duration of the original lease subject to the satisfaction of the Competent Authority. The Competent Authority, upon satisfaction, will, at the expense of the lessee or lessees and upon his or their executing and delivering to the State Government if required a counterpart thereof execute and deliver to the lessee or lessees a renewal lease of the said premises for the further term of ..... At such rents and royalties and on such terms and subject to such covenants and agreements, including this present covenant to renew as shall be in accordance with the said rules applicable to minor minerals on the day next following the expiration of the term hereby granted.
4. Liberty to determine surrender or relinquish any part of the leased area. - The lessee or lessees shall be at liberty to determine the lease or surrender or relinquish any part or parts of the leased area on giving not less than six calendar months notice in writing to the Competent Authority and upon the expiration of such notice provided that all sums due on account of the lease or of the surrendered part or parts shall have been paid, the lease shall be determined in respect of the whole of the area or the surrendered part or parts, as the case may be. If the lessee or lessees does or do not desire to surrender the whole of the area, a description of the part or parts which he desires to retain shall be made in the newly executed lease deed.
5. Refund of Security Deposit. - On such date as the Competent Authority may elect within six calendar months after the determination of this lease or of any renewal thereof, the amount of the security deposit paid in respect of this lease and then remaining in deposit with the State Government and not required to be applied to any of the purposes mentioned in this lease shall be refunded to the lessee or lessees. No interest shall be payable on the security deposits. The security deposits shall be refunded only after satisfactory completion of restoration and reclamation.
Part IX – General Provisions
1. (All the remaining conditions contained in rules 21, 22 and 23 of the said rules which have not been incorporated in Parts I to IX hereinabove are applicable.)
2. If the lessee or lessees ceases or cease to work the mine for a continuous period of six months the lease shall be liable to cancellation.
Provided that lease shall not be cancelled if the lessee or lessees is or are prevented from th e- mine owing to some reasonable cause or if the lessee or lessees Ceases or cease to work with the prior permission of the Competent Authority.3. If there is any dispute regarding their lease or any other matter or thing, construction of term or condition in this lease or anything connected with the lease or that working or non-working of the lease, the amount of payment of royalty or dead rent or its mode of payment to the Competent Authority, it shall be referred to the Director (Designation of Government Officer...........) whose decision shall be final and binding on the lessee.
4. Failure on the part of the lessee or lessees to fulfill any of the terms and conditions of this lease shall not give the State Government any claim against the lessee or lessees or be deemed a breach of this lease, in so far as such failure is considered by the said Government to arise from force majeure, and if through force majeure the fulfillment by the lessee or lessees any of the terms and conditions of this lease be delayed, the period of such delay shall be added to the period fixed by this lease. In this clause the expression "force majeure" means act of God, war insurrection, riot, civil commotion, strike, earthquake, tide, storm, tidal wave, flood, lightening, explosion, fire, and any other happening which the lessee or lessees could not reasonably prevent or control.
5. The lessee or lessees having first paid and discharged the rents and royalties payable by virtue of these presents may at the expiration of sooner determination of the said term or within six calendar months thereafter take down and remove for his own benefit all or any engines, machinery, plants, buildings, structures, tramways, railways and other works, erection and conveniences which may have been erected, set up or placed by the lessee or lessees in or upon the said lands and which the lessee or lessees is or are not bound to deliver to the State Government under clause 19 of Part VII of this schedule and which the State Government shall not desire to purchase.
6. Failure to fulfill the terms of lease due to "Force Majeure". - If at the end of six calendar months after the expiration or sooner determination of the said term or after the date from which any surrender by the lessee or lessees of a part or parts of the said lands under the provisions contained in clause 4 of Part IX of this Schedule become effective, there shall remain in or upon the said land or the surrendered part or parts thereof, as the case may be any engines, machinery, plant, buildings, structures, tramways, railways and other work erections and conveniences or other property which are not required by the lessee or lessees in connection with his or their operations in those parts of the said lands which he or they has or have not surrendered or in any other lands held by him or them under mining lease the same shall if not removed by the lessee or lessees within one calendar month after notice in writing requiring their removal has been given to the lessee or lessees by the State Government be deemed to become the property of the State Government and may be sold or disposed of in such manner as the State Government shall deem fit without liability to pay any compensation or to account to the lessee or lessees in respect thereof.
7. Lessee to remove his properties on the expiry to lease. - Every notice by these presents required to be given to the lessee or lessees shall be given in writing to such person resident on the said lands as the lessee or lessees may appoint for the-purpose of receiving such notices and if there shall have no such appointment even every such notice shall be sent to the lessee or lessees by registered post addressed to the lessee or lessees at the address recorded in this lease or at such other address in India as the lessee or lessees may, from time to time, in writing to the State Government designate for the receipt of notices and every such service shall be deemed to be proper and valid service upon the lessee or lessees and shall not be questioned or challenged by him.
8. For failure of property left more than six months after determination of lease. - This Mining Lease is granted subject to the provisions relating to grant of mining lease contained in Chapter II of the Maharashtra Minor Mineral Extraction Rules, 1998.
Signed, Sealed and DeliveredBy Shri--------------------(Name) --------------------------------------------------Designation -----------For and on behalf of the Governor of Maharashtra in the presence of -----1. (i) Name of minor mineral worked :
2. Name of the quarry/mine :
3. Date of opening of quarry / mine :
4. .Letter No. and Date through which the mining plan was approved :
(Specify Authority)5. Name and address of the Lessee/Owner :
6. Ownership of the quarry :
a. Public sector :b. Joint sector :c. Private sector :(In case of joint sector, specify percentage share of each company)In case the lessee is a Company or a partnership firm or Co-operative indicate name and7. address of the Director-in-Charge and the Registered Office :
8. Particulars of Quarry/Mining Lease (ML)
9. Location of the lease :
10. Name and address of previous owner, if any, and the date of abandonment :
11. Particulars of Agent
12. Particulars of Mining Engineer
13. Particulars of manager:
1. (i) Type of the minor mineral worked :
2. Name of the mine quarry :
3. Name and Address of the Lessee/Owner:
4. Particulars of Mining/ Quarry Lease(OML) :
5. Location of Quarry/Mine :
6. Name and address of Agent :
7. Particulars of Mining Engineer :
8. Date by which mining operations are to be abandoned or mine to be surrendered:
9. Reasons for abandonment/surrender Exhaustion of minor mineral: Lack of Demand:
Uneconomic operations: Non availability of labour:Land slide: Flooding of quarry:Other calamity (specify): Other reasons (specify):(Please tick whichever is applicable)10. If the abandonment is due to natural calamities or order/directions issued by any statutory authority/tribunal/Court for abandoning mining operations the date of such abandonment.
11. Reserve of the minerals in the area.
12. Total production of the mineral since first opening of quarry/mine:
13. Number of workers employed in the Quarry : Male : Female :
Company Labour (Direct) :Contract Labour :Place :Date :Signature :Name in full :Designation :Owner/Agent/Mining Engineer/ManagerNote 1. - In cases where part of the lease area is proposed to be abandoned/ surrendered, information relating only to such part shall be given in columns 11, 12 and 13.2. Please enclose plans/sections of the lease areas on a scale not less than1:1000 ( 1 centimetre = 10 meter) indicating accurately the work done in the quarry up to the time of submission of this notice including measures envisaged for protection of abandonment/surrendered quarry and approaches there to and the environment.
Form-H(See Rule 36)(Notice of Temporary Discontinuance of Quarry /Mine )Mine Quarry Code-------------1. (i) Type of the minor mineral worked :
2. Name of the mine/ quarry :
3. Name and Address of the lessee/Owner :
4. Particulars of quarry mine Lease :
5. Location of Quarry Mine :
6. Name and Address of Agent :
7. Name and Address of the Mining Engineer :
8. Reasons for discontinuance :
Lack of demand :Non availability of Labour :Rains :Transport bottleneck :Strike :Lock out :Operation becoming uneconomic :Other reasons (specify) :(Please tick whichever is applicable)9. Date of discontinuance of mining operation :
10. Probable date of reopening :
Place :Date :Signature :Name in full :Designation: Owner/Agent/Mining Engineer/ManagerForm I[See Rule 37](Notice of Intimation of Reopening of Quarry / Mine)Mine Quarry Code...................1. (i) Type of the minor mineral worked :
2. Name of the quarry/ mine:
3. Name and address of the Lessee/Owner:
4. Particulars of Quarry/Mining Lease(QML):
5. Location of Quarry/Mine
6. Name and Address of Agent:
7. Name and Address of the Mining Engineer:
8. Date on which the quarry/mine was
9. Date of reopening:
Place:Date:Signature:Name in full:Designation: Owner/Agent/Mining Engineer/ManagerForm J[See rule 39]Register of Application for Quarry Lease1. Serial No :-
2. Date of Application :-
3. Date on which application was received by the receiving officer.
4. Name of the applicant with full address :-
(Local as well as permanent address along with Phone, Fax and email address)5. Date of completion of the application :-
6. Details of the area applied for :-
Village Taluka DistrictKhasara No. / Survey No / Gat No. Area (In hectares)(Working circle to be stated in respect of forest lands)7. Application fee paid, Rs. .............. vide treasury Challan No ............ dated .................
8. Date on which application is sent for enquiry / site inspection :-
9. Officer / official to whom the enquiry / site inspection is marked.:-
10. Date on which he enquiry report/ site inspection report is received :-
11. Final disposal of the application together with number and date of the order :-
12. Remarks :
(To state whether granted / refused, if granted , details of area granted)Signature of the Competent Officer.Form K(See rule 41)Register of Quarry Leases Granted .1. Serial No.:-
2. Name of the lessee.:-
3. Residence with complete address of lessee:-
(Permanent and Local address along with PH, Fax Nos. & email address.)4. No. and date of grant of lease:-
5. Date of execution of quarrying lease:-
6. Details of the area granted under lease:-
7. Minor Mineral or minerals for which lease has been granted:-
8. Minor Mineral or minerals added to the quarry lease with No. and date of grant:-
9. Details of security Deposit:-
10. Period for which lease is granted: (i) Total years :................
11. Rate of (1) Dead rent and (2) Royalty:-
12. Period for which leases is renewed: (i) Total years :................
13. Date of commencement of quarrying operation:-
14. Amount of surface rent fixed and date of fixation:-
15. Number and date of assignment of transfer of the lease, if any, and the name of assignee/ transferee:-
16. Date of expiry of lease surrendered or cancelled:-
17. Date from which area is available for re grant:-
18. Refund of security deposit ( No. and date with signature of lessee:-
19. Remark:-
Signature of Competent Officer.From-L[See rule 46(iv)]Quarterly returns for payment of royalty for the quarter ending 30th June/30th September/31st December/31st March 20.....(To be submitted by 1st of August/1st of November/1st of February/1st May of every year)| Balance of the Remark End of last month | Production during the month | Total | Sale during the Month | Balance at the end of the Month |
| (Brass/MT) | (Brass/MT) | (Brass/MT) | (Brass/MT) | (Brass/MT) |
| Serial No.:- | Date:- | |
| Name of lessee or Licensee / permit | : | |
| Holder/Auction.........purchaser and address. | ||
| Location of lease/ Depot. - Village/ Town | : | |
| Period of lease or license/Permit | : | |
| Name of Granting Authority and order No. | : | |
| Truck/ vehicle ..............No. | : | |
| Name or person to whom material is sold | : | |
| Time of dispatch from lease/ Depot. | : | |
| Name of Driver | : | |
| Kind of Mineral dispatched | : | |
| Quantity of mineral dispatched | : | |
| Signature of receiver/ Driver | : |
| Date of Application :- | |||
| Date of which application was received by the receivingofficer :- | |||
| Name of the applicant with full address (Local As well asPermanent):- | |||
| Date of completion of the application :- | |||
| Details of the area applied for :- | |||
| Survey no | Village | Tehsil | District |
| .................................................................................................................................................................................... | |||
| Application fee paid :- | |||
| (i)Rs. | (ii) Try. Challan No | (iii) Dated | |
| Grant Order No / Date :- | |||
| Remarks:- | |||
| (i) Granted / Refused | |||
| (ii) If granted details of area :- |
1. Name of applicant with complete address, PH, Fax Nos. and email address :
2. Is the applicant a private individual/private /public/company/firm or Association?
3. In case application is,
4. Name of Minor Minerals (s) to be sold :-
5. Quantity to be stocked during the year:-
(Mineral wise)6. Details of the location of the Depot :-
(Address, Sy. No. etc. of the area in which7. The depot is situated are to be furnished along
(With a location map.)8. Particulars of the previous dealer's license
9. If applying for renewal
I/We do hereby declare that particulars furnished above are correct and am/are ready to furnish other details including security deposit etc. as may be required by you.Place :Date :Yours faithfully,Name and Designation of the applicant.From-T[See rule 71(3)(1)]Grant or Renewal of Dealer License[A Dealer's License to seal stock and exhibit for sale of minor mineral under the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules, 2013 ]------------------------------------------------------- is hereby licensed to sell stock and exhibit for sale under mentioned minor mineral(s)1. Name of minor mineral (s) :-
2. Quantity allowed to be stocked during the year :-
(Mineral-wise)3. Location of the office and depot. :-
* This license will be in force for the financial year 20....... To. 20........* The license already granted and which expired in 31st March 20....... Is renewed up to 31st March 20.....Conditions of The Licence1. This license shall be displayed in a prominent place in a part of the premises open to the public.
2. The dealer shall comply with the provision of the Mines and Minerals Concession Rules, 41987 and all order issued by the competent Officer in this regard.
3. The dealer shall afford all facilities for seeking his accounts and verifying the stock of minor mineral(s) and shall furnish fully and correctly any information in his possession as may be required by the competent Officer or any person authorized by the competent Officer in that behalf.
4. The dealer shall display in a prominent palace in a part of the premise the price list of minor mineral(s) offered for sale by him.
Dated this ................................................. Day of ....................................... 20 ..........Seal of the competent OfficerSignature of the competent Officer.From-U(See rule 74)Maintenance of records of production and sale for inspectionName of Dealer :License No. :Name of the minor minerals :| Date | Cash Memorandum | Particulars showing the name of minorMinerals(s) name and Source of purchase To whom sold. | Minor Purchased Tones. Kg. | Minerals Sold Tones Kg | Rate | Voucher No. | Purchase (price paid) | Sale (Price realized) |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| Date | Opening Balance | Purchase | Total | Sale | Balance Stock | Initials of the Dealer |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
| Opening Balance | Quantity Purchased | From whom Purchased | price Paid | Quantity sold | to Whom sold | Price realized | Balance | Remark |
| 1. | 2. | 3. | 4. | 5. | 6. | 7. | 8. | 9. |
1. Name and address of the consignor (holder of ML/Mineral Dealers license)
2. Name and address of Consignor :
3. Name of Mineral :
4. Quantity (Weight/Volume) :
5. Approximate value of mineral being carried :
6. Date and Time of Dispatch :
7. (i) Mode of Transport :
8. Name and Address of Vehicle Driver :
Signature With date (a) ConsignorSignature With date (b) driverSignature and Designation of checking authoritySignature and seal of Issuing AuthorityNote. - (1) No over writing should be done| District | Taluka | Village | Kh. No. | Area In Hect. | Total area claimed |