Section 25 in Orissa Minor Minerals Concession Rules, 2004
25. Conditions of mining lease.
(1)The lessee shall pay to the State Government surface rent within a fortnight of the execution of the lease-deed for the remaining period of the year and thereafter pay such rent on or before 15th January of every year.(2)The lessee shall pay dead rent for the remaining period of year within a fortnight of the execution of the lease-deed and thereafter pay yearly dead rent on or before 15th January of every year. An account of the royalty payable by him shall be kept by the Deputy Director/Mining Officer and as soon as the royalty payable by him become equal to or in excess of the dead rent already paid by him, he shall remove the decorative stone only after payment of the royalty in advance. Advance dead rent paid by him shall be deemed to have been merged into the amount of royalty he was liable to pay. No permission for removal of decorative stone shall be issued unless all the Government dues in respect of the lease are paid.(3)The lessee shall pay to the Government compensation for all damages, injuries or disturbance which has been caused by him in the course of operating the lease and shall indemnify Government against all claims which may be made by third parties in respect of such damage, injury or disturbances.(4)Mining operations shall commence within two years from the date of execution of the lease. The lessee shall thereafter carry on mining in a proper, skillful and workman-like manner in accordance with the duly approved mining plan.(5)If the lessee does not work upon the lease for a continues period of two years, the lease shall be liable to be cancelled,unless prior permission has been granted for such stoppage by the Competent authority on reasonable grounds.(6)The lessee shall allow reasonable facilities of access to other bonafide concessionaires.(7)The lessee shall undertake mining operation only in accordance with approved mining plan.(8)The lessee may modify the approved mining plan, in the interest of safe and scientific mining, conservation of decorative stone or for protection of environment and shall obtain the approval of the authorized officer for the purpose.(9)The authorized officer may suggest the lessee to make such modification in the mining plan or impose such conditions, as deemed necessary in writing.(10)The lessee shall not carry on or allow to be carried on, any mining operation at any point within a distance of(a)one hundred meters from any Railway line (except under and in accordance with the written permission of the Railway Administration concerned), National Highway, State Highway, monuments, heritage sites or any reservoir; or(b)within a distance of fifty meters from any tank, canal road (other than National or State Highway or other public works or buildings or inhabited sites), except under an in accordance with the previous permission of the Collector. The Railway Administration or the Collector, as the case may be, may grant such permission on such conditions as it and he may specify.(11)The State or Central Government shall have right to construct any road, railway or canal, reservoir or to lay electric or telephone lines in or over the lands held under the lease:Provided that the lessee shall be given atleast thirty days prior notice before the right is exercised and the area thus utilised shall be excluded from the area held under lease.(12)The lessee may erect on the area granted to him any building and structure required for the purpose of mining operations, provided he does not offend any lawful orders issued by the officer or authority competent to issue such orders.(13)The lessee shall, at his own expense, erect and at all times maintain and keep in good condition boundary marks and pillars necessary to delineate the leased area.(14)The lessee shall obtain permission of the competent authorities of the Forest Department, Orissa to carry on any operations in forest areas.(15)The lessee shall abide by the provisions of all laws for the time being in force, relating to the working of mines and matters affecting the safety, health and convenience of the persons employed for mining and of the public. He shall also obey all existing right of way, water and other easements, and shall not use power cutter and other machinery in laterite quarries.(16)The lessee shall keep correct accounts of decorative stone mined and dispatched and shall furnish a monthly and a half-yearly return in FORM-S and annual return in FORM-V to the Deputy Director/Mining Officer having jurisdiction and also to the Director every month.(17)The lessee shall afford reasonable facilities for inspection of the mines in the leased land, accounts and records pertaining to working of lease, to the competent authority and Director or any other officer authorized by any of them. Such officer may issue directions to prevent wasteful extraction of minerals and to ensure observance of the provisions of rules and specify the time limit within which the directions shall be complied with. If the lessee does not allow the inspecting officer reasonable facilities for inspection or fails to comply with the directions within the specified time-limit not exceeding sixty days, the Competent authority may forfeit the whole or part of the security deposit paid by the lessee or impose penalty not exceeding rupees ten thousand only and may cancel the lease and forfeit the security deposit.(18)All accidents involving injury or loss of life or loss or damage to property shall be reported forthwith to the Collector of the district and the Director.(19)If any Government dues payable under the lease agreement remain unpaid for one month beyond the date fixed in the lease agreement for such payment, the competent authority or any officer authorized by him may enter into the leased area and distrain all or any of the decorative stone or other movable property and may dispose of such of the distrained minor mineral or property as will sufficient for satisfaction of the Government dues and all costs and expenses occasioned by the non-payment there of. If any such government dues remain unpaid Over two months beyond the date fixed in the lease agreement for such payment, the Competent authority may determine the lease, and take possession of the leased area on re-entry without prejudice to such action as may be taken under the provisions of the Orissa Public Demands Recovery Act, 1962 for recovery of such dues.(20)The controlling authority shall have the right to pre-emotion at current market rates over all decorative stones extracted or collected by the lessee and shall be indemnified by the lessee against the claims of any third parties in respect of such minerals.(21)The lessee shall remove all decorative stone mined before the end of the lease period or its determination, if it is determined earlier, and all other materials and structures within such reasonable period not exceeding two months or as the competent authority may allow. All minor minerals, machineries, buildings and other structures, left in the leased area after the date-line fixed or time allowed by the competent authority shall be deemed to be the property of the government. Such property may be disposed of by public auction and the sale-proceeds credited to Government account.(22)If any minor mineral not specified in the lease is discovered in the leased area, the lessee shall report it forthwith to the competent authority and the Director. The lessee shall not win or dispose of any such minor mineral without obtaining a proper lease or permit or permission of the competent authority in writing. If he fails to apply for a lease or permit to extract the newly discovered minor mineral within three months from the date of discovery or if he declares his intention not to work upon the minor mineral, the competent authority may grant lease or permit in respect of that minor mineral to any other person after observing the procedure prescribed under these rules for the purpose:Provided that if the mineral discovered is not a minor mineral, the lessee shall not be entitled to any preference for the purpose of obtaining a lease for the new mineral, by reason only of the lands being included in his earlier lease for extraction of minor mineral.(23)If any mineral other than minor minerals is found in the area in course of mining operations for decorative stones, the lessee shall intimate in writing the fact to the Competent authority forthwith and the lease shall be terminated without payment of any compensation to the lessee.(24)The lessee shall ensure proper maintenance of hill slopes so as to the prevent major erosion and observe a all such safeguards as provided in the Mines Act, 1952, and the Rules and Regulations framed thereunder and the Granite Conservation and Development Rules, 1999.(25)A lessee may dispose of waste material generated in course of mining operations for decorative stone on payment of royalty and other government dues prescribed for road metals including ballast-ordinary boulders as the case may be.(26)The lessee shall carry out mining activities with appropriate environmental safeguards and shall take such steps for reclamation and raising of plantations in the lease areas as prescribed in the Granite Conservation and Development Rules, 1999.(27)The lessee shall keep the government indemnified from any liabilities, compensation damage etc. arising out of his acts or omissions as a lessee during the subsistence of the lease.(28)If the land leased out is a private land, the lessee shall pay such just and reasonable compensation as may be agreed upon between the lessee and the owner of the land.(29)The lessee shall submit all returns and notices to Indian Bureau of Mines and Director as provided under provisions of the Granite Conservation and Development Rules, 1999.(30)The lessee shall not without any previous consent of the State Government(a)assign, sublet, mortgage, or in any other manner, transfer the mining lease, or any right title or interest therein or,(b)enter into or make any agreement, contract or understanding whereby the lessee will o< may be directly or indirectly financed by, any person or body of persons other than the lessee.(31)Every holder of a mining lease for decorative stone shall employ a Mining Engineer accordance with provisions of Rule 38 of the Granite Conservation and Development Rules, 1999 and he shall perform the duties as provided under the said rules.(32)The State Government may impose such further conditions in the lease as it may think necessary in the interest of mineral development & protection of environment.Chapter-IV Grant of Quarry Leases
