Section 10 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
10. Grant of Mining Lease on application in certain cases.
(1)Where a mining lease has been granted for major mineral under the Act, and the Mineral Concession Rules, 1960, and where it is considered expedient by the Government to grant mining lease of the minor mineral available in the same area to the lessee of major mineral in the interest of harmonious and systematic mining of minerals, it may grant such lease on application submitted by such major mineral lessee.(2)The major mineral lessee shall submit an application for grant of mining lease for the associated minor mineral(s) in Form ML-2.(3)Any minor mineral concession, granted on an application under sub-rule (1) above, shall entail payment of royalty/ dead rent for such minor mineral at the rates specified in the 1st Schedule and the 2nd Schedule respectively.(4)Each application under sub-rule (2) above shall be accompanied with a nonrefundable fee of Rs. 1,000/- per hectare of lease area or part thereof, subject to a minimum of Rs. 1,00,000/- and shall be accompanied with the following documents namely:(i)a valid certificate of clearance of mining dues in respect of such major mineral lease or any other mineral concession held by the applicant, and the firm or company in which such applicant may be a partner or director, in the State from the Director or any other Officer authorised by him in this behalf;(ii)in case of a firm or a company or association of persons, a valid clearance certificate shall have to be submitted in respect of the firm, or association of persons or company as well as other firms in which partners in the applicant firm are partners or directors:Provided that the grant of a clearance certificate shall not discharge the holder(s) of such certificate from the liability to pay the mining dues which may subsequently be found to be payable by such applicant under the Act or rules made thereunder.(iii)where any injunction has been issued by a court of law or any other competent authority staying the recovery of any such outstanding mining dues or income tax, non-payment thereof shall not be treated as a disqualification for the purpose of granting or renewing the said mining lease;(iv)an affidavit stating that the applicant has filed up-to-date income-tax returns, paid the income-tax assessed or on self-assessment as provided in the Income Tax Act, 1961.(5)The Director, or an officer authorised by him, shall issue notice within thirty days from the date of submission of application, to remove the deficiencies, if any, in the application or for furnishing any additional information as may be required by the Director or the officer authorised by him, requiring the applicant(s) to supply the requisite information within a period of thirty days from the date of issue of such notice. In case the said information is not submitted within specified period, the application shall be decided on the basis of information already submitted along with application.(6)The period of mining lease granted for the associated minor mineral(s) shall be co-terminus with the period of lease of major mineral(s) but shall not exceed a period of 10 years. If the mining lease for major mineral(s) still subsists at the time of expiry of period of the associated minor mineral lease, the government may consider the renewal of mining lease of associated minor mineral(s) from time to time, so that it co-terminates with the lease of major mineral(s).(7)In case the mining lease of major mineral(s) is renewed by the Government, it may also consider the renewal of mining lease of associated minor mineral(s) on submission of application by the major mineral lessee. However, the period of renewal of lease of the associated minor mineral shall not exceed ten years.(8)Where a major mineral lease is still subsisting and an application for renewal of the minor mineral lease made one year before the expiry of such lease is not disposed of by the State Government before the date of the expiry of the lease for associated minor mineral, the period of lease shall be deemed to have been extended by a further period till the State Government passes orders thereon.(9)Where a lessee has applied for extension of his major mineral lease, along with the lease for associated minor mineral(s), and is able to operate the major mineral lease under the 'deemed extension' provisions under Rule 24-A (6) of Mineral Concession Rules, 1960, the mining lease for the associated minor mineral(s) shall also be deemed to have been extended by a further period, till such time a decision on the renewal application is taken by the Government.(10)On grant or renewal of the minor mineral lease under this rule, a separate lease deed shall be executed in the prescribed Form ML-1 within the period as provided under rule 21 of these rules:Provided that for execution of lease deed, the security amount, as prescribed under rule 11 of these rules, shall be deposited.
