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State of Bihar - Section

Section 24 in Bihar Minor Mineral Concession Rules, 1972

24. Right to [surrender] [Substituted for 'determine' by S.O. 867 dated 21.8.1972.] lease.

(1)The lessee may [surrender] [Substituted for 'determine' by S.O. 867 dated 21.8.1972.] the lease at any time by giving not less than 6 month's notice in writing to the Competent Officer.
(2)The State Government may determine the lease if it considers desirable in public interest or in case the property is found damaged by the lessee subject to the condition that three calendar months notice in writing is given by the Government to the lessee but such a notice will not be required in the event of war or such other emergency.Explanation. - The determination of the lease in public interest shall be considered desirable only when the lease is to be determined in the interest of any industry which has been or will in future be established by Government or which the Government may establish through a Company, public or private, or through any person or when the Government decide to conduct mining or quarrying operations of its own [or when the Government is satisfied that the continuance of mining or quarrying operation is likely to cause grave injury to health or the property and injury is of such nature and magnitude that it cannot be reasonably compensated and that the risk of injury is so imminent that the lessee cannot be allowed to run its course until it expires naturally.] [Inserted by S.O. 305 dated 26.3.1985.]
(3)The Collector may determine the lease if the lessee commits any breach of the terms and conditions of the mining lease after the applicant is given reasonable opportunity of being heard.
(4)At the expiry of the lease or on determination of the lease, the lessee shall deliver up the leased area and all quarries if any, dug therein a proper and workable state save in respect of any working regarding which the Collector may have sanctioned abandonment.
(5)If the lessee fails to deliver possession after expiry or determination of the lease, the Collector shall serve an order in writing on the lessee requiring him to deliver possession thereof to the Collector to show cause, if any, against the order within a time specified therein and if the lessee fails to deliver possession or show cause or if the Collector reject any cause shown after giving him reasonable opportunity of being heard, the Collector shall take or cause to be taken such steps or use or cause to be used such force, as in his opinion, may be necessary for securing compliance of the order.