Section 52 in Rajasthan Minor Mineral Concession Rules, 2017
52. Permit.
(1)For removal of overburden, ordinary earth or murram accumulated in mining area, -(i)the Mining Engineer or Assistant Mining Engineer concerned may grant permit to a person for dispatch of over burden or ordinary earth or murram lying inside or outside any lease area or quarry licence area on payment of special permit fee to be computed at the rate of rupees ten per ton or as may be revised from time to time which shall be in addition of the royalty, contribution to the District Mineral Foundation Trust fund as per rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time. Such permit shall be granted for a maximum period of six month for the quantity as desired by the applicant. Royalty, so deposited, shall not be adjusted against the dead rent or annual licence fee payable by the lessee or licencee:Provided that where overburden, ordinary earth or murram is lying within the lease or licence area, permit may be granted to the lessee or licencee or to the person submitting consent of lessee or licencee.Provided further that mineral so dispatched shall be accompanied with valid rawanna;(ii)every application for permit shall be accompanied by a sketch map showing approximate location of such dump, quantity applied for and the period required for dispatch:Provided that the Mining Engineer or Assistant Mining Engineer concerned after inspection, verifying quantum of dump and mineralogical examination, if required, may grant permit, after depositing royalty and other charges in advance.(iii)the permit holder shall not dispatch minerals in excess of the quantity mentioned in the permit:Provided that if permit holder has excavated and dispatched mineral to the extent of ten percent over and above the quantity specified in the permit, only single time royalty and quantity more than ten percent but upto twenty five percent, two times of royalty on entire quantity over and above specified in the permit shall be recovered and any quantity more than twenty five percent, entire quantity over and above specified in the permit shall be treated as unauthorized excavation and permit holder shall be liable to pay cost of such excess mineral which shall be computed as ten times of the royalty payable at the prevalent rate.(iv)the Mining Engineer or Assistant Mining Engineer concerned may refuse to grant a permit with reasons to be recorded in writing and communicated to the applicant; and(v)the permit holder shall be responsible for submission of record within fifteen days of the expiry of permit.(2)For removal of minor mineral stock from major mineral leases, -(i)the Mining Engineer or Assistant Mining Engineer concerned may after verification, grant permit for removal of minor mineral from major mineral lease area to the concerned lessee on advance payment of royalty, contribution to the District Mineral Foundation Trust fund as per rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time. Such permit shall be granted for a maximum period of six month for the quantity as desired by the lessee. Royalty, so deposited, shall not be adjusted in the dead rent payable by the lessee:Provided that the lessee shall dispatch the minor mineral with valid rawanna.(ii)every application for permit shall be accompanied by a sketch map showing location of minor mineral stock, quantity and period required:Provided that the Mining Engineer or Assistant Mining Engineer on verification, may grant permit, after depositing royalty and other charges in advance, mentioning therein quantity of mineral and period of permit; and(iii)the Mining Engineer or Assistant Mining Engineer concerned may refuse to grant permit for any minor mineral with reasons to be recorded in writing and communicated to the applicant.(iv)the lessee shall not dispatch minerals in excess of the quantity mentioned in the permit:Provided that if lessee has dispatched mineral to the extent of ten percent over and above the quantity specified in the permit, only single time royalty and quantity more than ten percent but upto twenty five percent, two times of royalty on entire quantity over and above specified in the permit shall be recovered and any quantity more than twenty five percent, entire quantity over and above specified in the permit shall be treated as unauthorized dispatch and lessee shall be liable to pay cost of such excess mineral which shall be computed as ten times of the royalty payable at the prevalent rate.(3)For extraction or removal of gypsum from agriculture land for improvement of land, -(i)Notwithstanding anything contained in these rules, permit for excavation and removal of gypsum from the khatedari land shall be granted to the khatedar for improvement of his land after approval of the committee consisting of, -(a)District Collector;(b)Sub Divisional Officer of the area concerned;(c)Mining Engineer or Assistant Mining Engineer; and(d)Senior Geologist or Geologist.The committee shall grant its approval after considering the recommendation made under clause (iv) of this sub-rule:Provided that the committee shall not grant the approval where the deposition of the gypsum is more than two meters from the surface.Provided further that the approval shall not be granted for an area exceeding five hectare and for a period exceeding five years;(ii)Superintending Mining Engineer concerned shall issue notification in two daily news papers, atleast one of which is state level and other having wide publicity in the area where permits are being granted, for inviting online application for grant of permit in khatedari land;(iii)Application for permit shall be made online by the khatedar as per the conditions mentioned in the notification issued under clause (ii) of this sub-rule;(iv)On receipt of application for permit, Mining Engineer or Assistant Mining Engineer concerned shall inspect the area along with Senior Geologist or Geologist and Tehsildar and forward their recommendation regarding depth of gypsum deposition, quantity of gypsum, necessity of removal of gypsum from the land for which permit is sought to the committee specified in clause (i) of this sub-rule within fifteen days of receipt of the application;(v)On receipt of the recommendation submitted under clause (iv) of this sub-rule, the committee specified in clause (i) of this sub-rule, shall examine and communicate it's decision to the Mining Engineer or Assistant Mining Engineer concerned within thirty days;(vi)After approval of the Committee, the Mining Engineer or Assistant Mining Engineer concerned shall, within seven days, inform the applicant to submit environment clearance, if applicable, issued by the competent authority and deposit the security amount of rupees forty thousand in the form of fixed deposit receipt of any Nationalized or Scheduled bank or National Saving Certificates pledged in favour of the Mining Engineer or Assistant Mining Engineer concerned;(vii)On completion of the formalities mentioned in clause (vi) of this sub-rule, the Mining Engineer or Assistant Mining Engineer concerned shall issue permit to the khatedar and also issue ravanna for despatch of mineral after deposition of the following amount: -(a)permit fee at the rate of rupees one thousand + rupee one per tonne of mineral to be despatched;(b)royalty as per Schedule II;(c)premium amount at the rate of rupees one hundred per tonne of mineral to be despatched; and(d)contribution to the District Mineral Foundation Trust as per the rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time:Provided that where royalty collection contract or excess royalty collection contract is awarded, amount mentioned in sub-clause (b), (c) and (d) may be collected by the contractor at approved check post or nakas from vehicles carrying mineral gypsum.Provided further that validity of ravanna shall not be more than six months from the date of issue;(viii)The permit holder shall remove the mineral gypsum as per terms and conditions specified in the permit. The permit holder shall not despatch mineral in excess of quantity specified in the permit:Provided that, if the permit holder has despatched mineral in the excess of ten percent of quantity specified in the permit, entire quantity in excess of quantity specified in the permit shall be treated as illegal and shall be charged at the rate of ten times of the royalty;(ix)The Mining Engineer or Assistant Mining Engineer concerned may refuse to grant permit with the previous approval of the committee, specified in clause (i) of this sub-rule, after recording the reasons and same shall be communicated in writing to the applicant;(x)The permit holder khatedar shall not, -(a)assign, sublet, mortgage or transfer the permit in any other manner or any right, title or interest therein; and(b)enter into, or make any arrangement, contract or understanding whereby the permit holder will or may be directly or indirectly financed to a substantial extent and by or under which the excavations will or may be substantially controlled by, any person or body of persons other than the permit holder.(xi)In case of any violations of terms and conditions of the permit, the permit shall be cancelled by the Mining Engineer concerned after taking approval of the committee mentioned in sub-clause (i) of this sub-rule with forfeiture of security with immediate effect; and(xii)The permit holder shall submit quarterly records to the Mining Engineer or Assistant Mining Engineer concerned for assessment of royalty and further ravanna shall only be issued after assessment of royalty and deposition of assessed amount.
