Schedule 1
(See Rule 6)Specified Minerals1. Dimensional stone-granite, dolerite, and other igneous and metamorphic rocks which are used for cutting & polishing purpose for making blocks, slabs, tiles of specific dimension.
2. Marble which is used for cutting and polishing purpose for making blocks, slabs, tiles of specific dimension.
3. Marble stone for other purposes.
4. Limestone when used in kilns for manufacture of lime used as building material.
5. Flagstone-Natural sedimentary rock which is used for flooring, roof top etc and used in cutting and polishing industry.
6. Stone for making gitti by mechanical crushing (i.e. use of crusher).
7. Bentonite/Fuller's earth.
II
(See Rules 6 & 7)Other Minerals2. Ordinary clay for making bricks, pots, tiles etc.
3. Stone. Boulder, Road Metal Gitti, Dhoka, Khanda. Dressed Stones, Rubble, Chips.
5. Lime Kankar when used in kilns for manufacture of lime used as building material.
7. Lime shell when used in kilns for manufacture of lime used as building material.
9. Slate when used for building material.
10. Shale when used for building material.
11. Quartzite and quartzitic sand when used for purposes of building or for making road metal or house-hold utensils.
12. Salt petre.
[Schedule- III] (See Rule 29)Rates of Royalty
| S.No. |
Mineral |
Rates |
| (1) |
(2) |
(3) |
| 1 |
Dimensional Stone-Granite, Dolomite and other Igneous andMetamorphic rocks which are used for cutting and polishingpurpose for making blocks, slabs, tiles of specific dimensions-
|
|
| |
(a) Black colour |
Rs. 1500/- per cu.mt. |
| |
(b) Other colour |
Rs. 800/- per cu.mt. |
| 2 |
(a) Marble, which is used for cutting and polishing forpurpose making blocks, slabs, tiles of specific dimensions.
|
Rs. 700/- per cu.mt. |
| |
(b) Marble stone for other purposes |
Rs. 200/- per cu.mt. |
| 3 |
Flagstone-natural sedimentary rock which is used forflooring, roof top etc.
|
|
| |
(a) Black colour |
Rs. 200/- per cu.mt. |
| |
(b) Other colour |
Rs. 150/-per cu.mt. |
| 4 |
Ordinary sand, bajri |
Rs. 33/- per cu.mt. |
| 5 |
Murrum |
Rs. 17/- per cu.mt. |
| 6 |
Stone :- |
|
| |
(a) Boulder |
Rs. 221- per cu.mt. |
| |
(b) Gitti, road metal |
Rs. 28/- per cu.mt. |
| |
(c) Dressed stone, Khanda, Dhoka |
Rs. 44/- per cu.mt. |
| 7 |
Other Minor Minerals |
Rs. 17/-per cu.mt.] |
| S.No. |
Category of Mineral |
1st year of the quarry lease |
2nd year to 3rd year of the quarry lease |
4the year of the quarry lease and onward |
| (1) |
(2) |
(3) |
(4) |
(5) |
| 1 |
Dimensional stone-Granite, Dolomite and other Igneous andMetamorphic rocks which are used for cutting and polishingpurpose for making blocks, slabs, tiles of specific dimensions.
|
Nil |
15,000 |
20,000 |
| 2 |
Marble which is used for cutting & polishing purposesfor making blocks, slabs, tiles of specific dimensions andMarble for other purposes.
|
Nil |
15,000 |
20,000 |
| 3 |
Limestone which is used in kilns for manufacture of limeused as building material.
|
Nil |
10,000 |
15,000 |
| 4 |
Flag stone natural Sedimentary rock, which is used forflooring, roof top etc.
|
Nil |
10,000 |
15,000 |
| 5 |
Stone for crusher |
Nil |
10,000 |
15,000 |
| 6 |
Ordinary sand, bajri |
Nil |
10,000 |
15,000 |
| 7 |
Murrum |
Nil |
5,000 |
7,000 |
| 8 |
Stone for building purpose & other Minor minerals. |
Nil |
5,000 |
7,000 |
| S. No. |
Mineral |
| (1) |
(2) |
| 1. |
Agate |
| 2. |
Ball Clay |
| 3. |
Barytes |
| 4. |
Calcareous Sand |
| 5. |
Calcite |
| 6. |
Chalk |
| 7. |
China Clay |
| 8. |
Other Clay |
| 9. |
Corundum |
| 10. |
Diaspore |
| 11. |
Dolomite |
| 12. |
Dunite or Pyroxenite |
| 13. |
Felsite |
| 14. |
Feldspar |
| 15. |
Fireclay |
| 16. |
Fuschite Quartzite |
| 17. |
Gypsum |
| 18. |
Jasper |
| 19. |
Kaolin |
| 20. |
Laterite |
| 21. |
Limekankar |
| 22. |
Mica |
| 23. |
Ochre |
| 24. |
Pyrophyllite |
| 25. |
Quartz |
| 26. |
Quartzite |
| 27. |
Sand (Other) |
| 28. |
Shale |
| 29. |
Silica Sand |
| 30. |
Slate |
| 31. |
Steatite or Tale or Soapstone. |
1. I/We beg to apply for grant of quarry lease/renewal of quarry lease for a term of years over hectares of land in the area specified in the schedule.
2. A sum of Rs. 5000/- or Rs. 250/- as application fee payable under rules has been deposited vide challan No..............dated at place.........
3. The required particulars are given below :-
(ii)Nationality of the applicant (Partners, Directors, Members)(iii)Place of registration or incorporation (firm, Company or Society/ Association)(iv)Profession of individual, nature of business of firm or Company or Society/Association and place of business.(v)Address of the individual firm, Company or Society/Association.(vi)Caste (individual or members of Society/Association)(vii)Educational qualification (individual or members of Society/ Association)(viii)Age (individual or members of Society/Association)(ix)Residence (individual or members of Society/Association)(x)List of Director/Partners/Members(xi)Registration/in-corporation certificate(xiii)Articles of memorandum/partnership deed/by-laws(xiv)Whether the application is for a fresh lease or for a renewal of a lease previously granted. Give details of previous lease held.(xv)Mineral/Minerals which the applicant intends to mine.(xvi)Period for which the quarry lease/renewal of quarry lease is required.(xvii)Approximate quantity of mineral expected to be raised year wise during the first three years.(xviii)Manner in which the mineral raised is to be utilised.In case of manufacture the industries in connection with which it is required, should be specified. Details of plant (s) owned, proposed to be set up be given.4. (a) A plan (six copies) showing the situation and boundaries of the area/ areas applied for and concession if any, adjoining is/are enclosed. (If this plan/ these plans be considered insufficient. I/we request that the necessary plan/plans of the area/areas may be prepared in duplicate in your office at my/our cost.)
5. A statement supported by an affidavit showing all the areas mineral wise in each district of the state.
(i)already held by me/us in my/our name/names (and jointly with others) under quarrying leases specifying the names of minor minerals.(ii)already applied for but not yet granted and(iii)being applied for simultaneously.6. An affidavit of obtaining surface rights.
7. No dues certificate in Form II.
8. The plan should indicate important features, viz-
(i)if a railway, its full details i.e. whether Eastern Railway or Central Railway, whether a branch line or a main line or colliery tramway,(ii)if a road, whether village or public works department or cart track.(v)burning ghat or burial ground, etc.9. In case the renewal applied for is only for part of the lease hold.
(a)the area applied for renewal(b)description of the area applied for renewal.(c)particulars of the lease hold with area applied for renewal clearly marked on it (attached).10. Means by which mineral is to be raised i.e. by hand labourers, mechanical or electric power.
11. any other particulars which the applicant wishes to furnish.
Schedule 3
Description of the area applied for(i)Name of village and Panchayat.(ii)Khasra number and area of each field or part thereof
| Khasra Number |
Area in Hectares |
| Village |
Tehsil |
Minerals |
Areas inhectares |
Total Dues Assessed (in rupees) |
Period |
| Surfacerent |
Deadrent |
Royalty |
Others |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
| |
| Surface Rent |
Dead Rent |
Royalty |
Others |
Total |
| (1) |
(2) |
(3) |
(4) |
(5) |
| Balance Dues :-1.2.3. |
1. In case there has been no assessment in any year, it must be stated clearly with reasons therefor.
2. It must be stated whether any attachment or R.R.C. are pending in respect of this lease.
3. This is valid only for six months from the date of issue.
Signature and Designation of authorisedofficer with seal of OfficeForm III[See Rule 14 (2)]Receipt of Application for Quarry Lease or RenewalS. No.......................Date....................Received the application with the following enclosures for grant/renewal of quarry lease from Shri/Sarvashri............on.......19........for about..........................hectares of land located in village..............................Panchayat.....................Tehsil..............District............for mining...............mineralsEnclosures :-..............................Signature of the receiving officer withseal of Office.Place .......................Date..........................Form IV[See Rule 15 (1)]Register of Application for Quarry Leases3. Residence of applicants.
4. Date on which application was received by receiving officer.
5. Particulars of minerals which the applicant desires to win.
10. Area in hectares (khasrawise)
11. Period for which applied.
12. Remarks (preferential right sought for)
13. Final disposal of applications together with number and date of the order.
14. Signature of the officer
Form V[See Rule 20]Register Of Quarry Leases2. Name of the lessee with complete address.
3. Date of application & S No. of application register.
4. Mineral for which lease has been granted.
5. (a) Number And date of grant of lease with authority.
(b)Date of execution of quarry lease.6. Period for which granted/renewed.
7. Village, Panchayat & Tehsil where situated.
9. Area in hectares for which lease has been granted.
10. Khasra No. with area of each No. taken up for working with date when so taken up.
11. Amount of compensation paid for Area in Col. No. 9 with date of payment and whether through Government or by private negotiations together with No. and order of land acquisition or transfer of lease.
12. Amount of surface rent fixed and date of fixation.
13. Date of expiry or relinquishment or cancellation of the lease.
14. Remarks with particulars as to date of renewal, actual expiry or relinquishment.
15. Date from which the area is available for grant (Notification No. & Date of availability).
16. Date of assignment or transfer of lease, if any, and the name and address of the assignee or transferee.
17. Date of change together with the details of change that take place, in name nationality or other particulars of the holder of quarrying lease.
18. Signature of the Officer.
19. Remarks.
Form VI[See Rule 25 (2)]Surety BondStamp duty as specified against item 57 of
1 A. of Indian Stamp Act, 1899.
Know all Men By These Presents, that I,.......................S/o Shri................Resident of............in the Tehsil...........of the...........District (hereinafter called the surety) am held and firmly bound to the Governor of Madhya Pradesh (hereinafter called the Governor) for the sum of Rs...................only, to be paid to the Governor, his successors, or assignees or their attorney or the Officer authorised by the Governor in this behalf, for which payment will and truly to be made, I hereby bind myself, my heirs, executors, administrators and representatives, firmly by these withnesses;As witness I have set out my hand, this day of one thousand nine hundred and ..............Whereas Shri..................son of Shri............resident of.......... in the tehsil.............or the district (hereinafter called the lessee) has at his own request been granted quarry lease for (mineral) over an area of................................hectares in village................Tehsil district..............for a period of vide order No. dated..............And whereas the lessee has agreed to execute the prescribed agreement with the Government.And whereas by virtue of the agreement to be executed between the Governor (lessor) and lessee, the said lessee is required to pay regularly and timely the dead rent, royalty, surface rent and any other dues arising out of the lease.And whereas the Governor has asked Shri.................son of.............to furnish surety of Rs............(Rupees..........only), I,.............stand as surety for him to the above amount and execute this bond and I declare that I own the following immovable property of which I am the absolute owner and that the property is not mortgaged or gifted and it is free from all encumbrances.Details of the property...............Value..............................And the conditions of the Bond is such that if the lessee shall die or become insolvent or at any time ceases to pay the dead rent, royalty, surface rent or any other dues arising out of the said lease, any such due on this account under this lease shall immediately become due and payable to the Governor and the same w ill be recovered from my property detailed above as an arrear of land revenue in one instalment by virtue of this Bond.And I further declare that I will not sell, mortage, gift or transfer in any other manner and will not act in any way to dispose off the above property till this bond is in force.In witness whereof the said has signed hereinto on day of............. One thousand nine hundred and.......
| Signature with full name address |
Signature of the surety |
| and occupation of the witness. |
|
| 1........................................... |
Verified and found correct has signed |
| 2........................................... |
this Bond today in my presence |
| Date...................................... |
Magistrate, Executive. |
Part I – The Area of this Lease
Location and area of the lease. - All that tract of lands situated at village ............ (Description of area or areas) ............... in Tehsil in............ Gram Panchayat bearing Khasra survey Nos................ containing an area of............ or thereabouts delineated on the plan hereto annexed and thereon coloured and bounded as followsOn the North byOn the South byOn the East byandOn the West byhereinafter referred to as "the said lands"Part II – Liberties, powers and privileges to be exercised and enjoyed by the lessee/lessees subject to the restrictions and conditions in Part III.
1. To enter upon land and win, work etc. - Liberty and power at all times during the term hereby demised to enter upon the said lands and to win, work, dress, process, convert, carry away and dispose of the said mineral/ minerals.
2. To bring and use machinery equipment etc. - 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 floors, brick-kilns, workshops, store house, godowns, sheds and other buildings and other works and conveniences of the like nature on or under the said lands.
3. To make roads and ways etc. and use existing roads and ways. - Liberty and power for or in connection with any of the purposes mentioned in this part to make any tramways, roads, and other ways in or over the said lands and to use maintain and go, and repass with or without horses cattle, wagons, or other vehicles over the same (or any existing tramways, roads and other ways in or over the said lands) on such conditions as may be agreed to.
4. To get building and road materials etc. - Liberty and power for or in connection with any of the purposes mentioned in this part to quarry and get stone, gravel and other building and road materials and clay and to use and employ the same and to manufacture such clay into bricks or tiles and to use such bricks or tiles but not to sell any such material bricks or tiles.
5. To use water from streams etc. - Liberty and power for or in connection with any of the purpose mentioned in this part but subject to the right of any existing or future lessees and with the written permission of Collector to appropriate and use water from any streams, water-courses, springs or other sources in or upon the said lands and to divert, step up or dam any such stream or water course and collect or impound any such water and to make, costruct and maintain any water-course culverts, drains or reservoirs but not as so to deprive and cultivated lands, villages, buildings or watering places for livestock or a reasonable supply of water as before accustomed nor in any way to foul or pollute any stream or springs. Provided that the lessee/lessees shall not interfere with the navigation in any navigable stream or shall divert such stream without the previous written permission of the State Government.
6. To use land for stacking, heaping, depositing purposes. - Liberty and power to enter upon and use a sufficient part of the surface of the said lands for the purpose of stacking, heaping, storing or depositing therein any produce of the quarries or works carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part.
Part III – Restrictions and Conditions as to The Exercise of the Liberties, Powers and Privileges in Part II.
1. No building etc. upon certain places. - No building or thing shall be erected set up or placed and no surface operations shall be carried on in or upon any public pleasure ground, burning or burial ground or place held sacred by any class of persons 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 buildings, works, property or rights of other persons and no land shall be used for surface operations which is already occupied by persons other than the State Government for works or purposes not included in this lease. The lessee/lessees shall not also interfere with any right of way, well or tank.
2. Permission for surface operations in a land not already in use. - Before using for surface operations any land which has not already been used for such operations, the lessee/lessees shall give to the Collector of the District two calendar months 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 Collector within two months after the receipt by him of such notice unless the objection so stated shall on reference to the State Government be annulled or waived.
4. Facilities for adjoining Government licences and leases. - The lessee/lessees shall allow existing and future holders of Government licenses or leases over any land which is comprised in or adjoins or is reached by the land held by the lessee/lessees reasonable facilities or access thereto :
Provided that no substantial hindrance or interference shall be caused by such holders of licences or leases to the operations of the lessee/lessees under these presents and fair compensation as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government shall be made to the lessee/lessees for loss or damage sustained by the lessee/lessees by reason of the exercise of this liberty.Part IV – Liberties, Powers and Privileges Reserved to the State Government
1. To work other minerals. - Liberty and power for the State Government or to any lessee or persons authorised by it in that behalf to enter into and upon the said lands and to search for, win, work, dig, get, raise, dress, process, convert and carry away minerals other than the 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 courses, drains, reservoirs, engines, machinery, plant, buildings, canals tramways, railways, roadways and other works and conveniences as may be deemed necessary or convenient :
Provided that in the exercise of such liberty and power no substantial hindrance or interference shall be caused to or with the liberties, power and privileges of the lessee/lessees under these presents and that fair compensation as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government shall be made to the lessee/lessees for all loss or damage sustained by the lessee/lessees by reasons for all loss or damages sustained by the lessee/lessees by reasons or in consequence of the exercise of such liberty and power.2. To make railways and roads. - Liberty and power for the State Government or any lessee or person authorised by in that behalf to enter into and upon the said lands and to make upon over or through the same any railways, tramways, roadways or pipelines for any purpose other than those mentioned in Part II of these presents and to get from the said lands stones, gravel, earth and other materials for making, maintaining and repairing such railways, tramways and roads or any existing railways and roads and to repass at all times with or without horse, cattle or other animals carts, wagons carriages, locomotives or other vehicles over or along any such railways, tramways road lines and other ways for all purposes and as occasion may require, provided that in the exercise of such liberty and power by such other lessee or person no substantial hindrance or interference shall be caused to or with the liberties, powers and privileges of the lessee/lessees under these presents and that fair compensation as may be mutually agreed upon or in the event of disagreement as may be decided by the State Government shall be made to the lessee/lessees for all loss or damage sustained by the lessee/lessees by reason or in consequence of the exercise of such liberty and power.
Part V – Rents and Royalties Reserved by this Lease
1. To pay dead rent or royalty whichever is higher. - The lessee shall pay for every year [* * *] , dead rent as specified in clause 2 of this Part :
Provided that, where the holder of such quarry lease becomes liable under Rule 30 of the Rules to pay royalty for any mineral removed or consumed by him or by his agent, manager, employee, contractor or sub-lessee from the leased area he shall be liable to pay either such royalty or the dead rent in respect of that area, whichever is higher.2. Rate and mode of payment of dead rent. - Subject to the provisions of clause 1 of this part during the subsistence of the lease, the lessee/lessees shall pay to the State Government annual dead rent for the lands demised and described in Part I of this Schedule at the rate for the time being specified in the Schedule IV of the Rules in such manner as specified in Rule 30 (1), (a).
3. Rate and mode of payment of royalty. - Subject to the provision of clause 1 of this part, the lessee/lessees shall during the subsistance of this lease pay to the State Government as specified in Rule 30 (1) (b) royalty in respect of any mineral/minerals removed by him/them from the leased area at the rate for the time being specified in the Schedule 111 to the Rules.
4. Payment of surface rent. - The lessee/lessees shall pay rent to the State Government in respect of all parts of the surface of the said lands which shall from time to time be occupied or used by the lessee/lessees under the authority of these persents at the rate of Rs respectively per annum per hectare or part thereof for area so occupied during the period from the commencement of such occupation or use unit the area shall cease to be so occupied or used and shall as far as possible restore the surface land so used to its original condition. Surface rent shall be paid as detailed in Rule 30 (1) (c).
Part VI – Provisions Relating to the Rents and Royalties
1. Rent and royalties to be free from deduction etc. - The rent and royalties mentioned in Part V of this Schedule shall be paid free from any deductions to the State Government as specified in Rule 30 (1).
2. Mode of computation of royalty. - For the purposes of computing the said royalties the lessee/lessees shall keep a correct account of the mineral/minerals produced, consumed and despatched. The accounts as well as the volume of the mineral/minerals in stock or in the process of export may be checked by an officer authorised under Rules.
3. Course of action if rents and royalties are not paid in time. - Should any rent, royalty or other sums due to the State Government under the terms and conditions of these presents be not paid by the lessee/lessees within the prescribed time, the same, together with simple interest due thereon at the rate of twenty four per cent per annum may be recovered on a certificate of Mining Officer/Assistant Mining Officer in the same manner as an arrear of land revenue.
Part VII – The Convenants of the Lessee/Lessees
1. Lessee to pay rents and royalties, taxes etc. - The lessee/lessees shall pay the rent and royalties reserved by this lease at such time and in the manner provided in Parts V and VI of these presents and shall also pay and discharge all taxes, rates, assessments and impositions whatsoever being in the nature of public demands which shall from time to time be charged assessed or imposed by the authority of the State Government upon or in respect of the premises and works of the lessee/lessees in common with other premises and works of a like nature except demands for land revenues.
2. To maintain and keep boundary marks in good order. - The lessee/ lessees shall at his/their own expense erect and at all times maintain and keep in repair boundary marks and pillars according to the demarcation to be shown in the plan annexed to this lease. Such marks and pillars shall be sufficiently clear of the shrubs and other obstructions as to allow easy identification.
3. To commence operations within a year and work in a workman like manner. - The lessee/lessees shall commence operation within one year from the date of execution of the lease and shall thereafter at all times during the continuance of this lease, win, work and develop, the said minerals without voluntary intermission in a skilful and workman like manner and as prescribed under clause 12 hereinafter without doing or permitting to be done any unnecessary or avoidable damage to the surface of the said lands or the crops, buildings, structures of other property thereon. For the purposes of this clause operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the mine.
4. To idemnify Government against all claims. - The lessee/lessees shall make and pay such reasonable satisfaction and compensation as may be assessed by lawful authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be done by him/them in exercise of the powers granted by this lease and shall indemnify and keep indemnified fully and completely the State Government against all clains which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therewith.
5. To secure and keep in good condition pits, shafts, etc. - The lessee/lessees shall during the subsistence of this lease well and sufficiently secure and deep open with timber or other durable means all pits and workings that may be made or used in the said lands and make and maintain sufficient fences to the satisfaction of the Collector round every such pit or working whether the same is abandoned or not and shall during the same period keep all workings in the said lands except such as may be abandoned accessible free from water and foul air as far as possible.
6. To strengthen and support the mine to necessary extent. - The lessee/lessees shall strengthen and support to the satisfaction of the Railway Administration concerned or the State Government, 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 any other public works or structures.
7. To allow inspection of workings. - The lessee/lessees shall allow any officer authorised under these Rules to enter upon the premises including any building excavation or land comprised in the lease for the purpose of inspecting, examining, surveying, prospecting and making plans thereof sampling and collecting any data and the lessee/lessees shall with proper person employed by the lessee/ lessees and acquainted with the mines and works effectually assist such officer, agents, servants and workman in conducting every such inspection and shall afford them all facilities, information connected with the working of the mines which they may reasonably require and also shall and will conform to and observe all orders and regulations which the Central and State Government as the result of such inspection or otherwise may from time to time, see fit to impose.
8. To report accident. - The lessee/lessees shall without delay send to the Collector a report 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 operation under this lease.
9. To report discovery of other minerals. - The lessee/lessees shall report to the Collector the discovery in the leased area of any mineral not specified in the lease without delay along with full particulars of the nature and positions of each such find. If any mineral not specified in the lease is discovered in the leased area, the lessee/lessees shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained therefor.
10. To keep records and accounts regarding production and employees etc. - The lessee/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 accounts which shall contain accurate entries showing from time to time:-
(1)Quantity and quality of the said mineral/minerals realised from the said lands.(2)Quantities of the various qualifies of the said mineral/minerals sold and exported separately.(3)Quantities of the various qualities of the said mineral/minerals otherwise disposed of and the manner and purpose of such disposal.(4)The prices and all other particulars of all sales of said mineral/ minerals.(5)The number of persons employed in the mines or works or upon the said lands specifying nationality , qualifications and pay of the technical personnel.(6)Such other facts, particulars and circumstances as the Central or the State Government may from time to time require and shall also furnish free of charge to such officers and at such times as the Central and State Government may appoint true and correct abstract of all or any such books of accounts and such information and returns to all or any of the matters aforesaid as the State Government may prescribe and shall at all reasonable times allow such officers as the Central Government or State Government shall in that behalf appoint to enter into and have free access to the said offices for the purpose of examining and inspecting the said books of accounts plans and records and to make copies thereof and make extracts therefrom.11. To maintain plans, etc. - The lessee/lessees shall at all times during the said term maintain at the mine office correct intelligible up-to-date and complete plans of the mines in the said lands. They shall show all the operations, and workings and all the trenches, pits made by him/them in the course of operations carried on by him/them under the lease and geological data and all such plans shall be amended and filled up by and from actual surveys to be made for that purpose at the end of twelve months or any period specified from time to time and the lessee/lessees shall furnish free of charge to the State Government true and correct copies of such plans whenever required. Accurate records of all trenches, pits shall show -
(a)The subsoil and strata through which they pass.(b)Any mineral encountered.(c)Any other matter of interest and all data required by the State Government from time to time.The lessee/lessees shall allow officer of the State Government authorised in this behalf to inspect the same at all reasonable time. He/they shall also supply when asked for by the State Government a composite plan of the area showing thickness, dip, inclination, etc. as also the quantity of reserves quality wise.12. To pay compensation for injury of third parties. - The lessee/ lessees shall make and pay reasonable and satisfactory compensation for all damage, injury or disturbance to person or property which may be done by or on the part of lessee/lessees in exercise of the liberties and power 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 persons in respect of any such damage, injury or disturbance. In case of Government land the lessee/lessees shall pay compensation equal to 30 and 60 times of land revenue in case of leases up to 10 and 20 years respectively.
13. Not to obstruct working of other minerals. The lessee/lessees will exercise the liberties and powers hereby granted in such a manner as to offer no unnecessary or reasonably avoidable obstruction or interruption to the development and working within the said lands of any minerals not included in this lease and shall at all times afford to the Central and State Government and to the holders of prospecting licences or quarry leases 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 convenant passage upon and across the said lands to such minerals for the purpose of getting working, developing and carrying away the same provided that the lessee/lessees shall receive reasonable compensation for any damage or injury which he/they may sustain by reason or in consequence of the use of such passage by such lessees or holders of prospecting licenses.
14. Transfer of lease. - The lessee/lessees shall not, without the previous consent in writing of the Sanctioning Authority-
(a)Assign, sublet, mortgage, or in any other manner transfer the quarry lease, or any right, title or interest therein; or(b)Enter into or make any arrangement, contract or understanding whereby the lessee/lessees will or may be directly or indirectly financed to a substantial extent by, or under which the lessee's operations or undertakings will or may be substantially controlled by, any person or body of persons other than the lessee/lessees;(c)The Sanctioning Authority may by an order in writing determine the lease at any time if the lessee/lessees has/have in his opinion committed a breach of any of the above provisions or has/have transferred lease or any right, title or interest therein otherwise than in accordance with Rule 35, provided that no such order shall be made without giving the lessee/lessees a reasonable opportunity of stating his/their case.15. Lessees shall deposit any additional amount necessary. - Whenever the security deposit of Rs................ or any part thereof or any further sum hereinafter deposited with the State Government in replenishment thereof shall be forefeited or applied by the State Government pursuant to the power in hereinafter declared in that behalf the lessee/lessees shall deposit with the State Government such further sum as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the State Government up to the sum of Rs..........
16. Delivery of working in good order to State Government after determination of lease. The lessee/lessees shall at the expiration or sooner determination of the said term or any renewal thereof deliver up to the State Government all mines, pits, water ways, and other works now existing or hereinafter to be sunk or made on or under the said lands except such as have been abandoned with the sanction of the State Government and in any ordinary" and fair course of working all engines, machinery, plant, buildings, structures, other works and conveniences which at the commencement of the said term were upon or under the said lands and all such machinery set up by the lessee/lessees which cannot be removed without causing injury to the mines, works under the said lands and all such machinery set up by the lessee/lessees which cannot be removed without causing injury to the mines, works under the said lands (except such of the same as may with the sanction of the State Government have become dis-used) and all buildings and structures of bricks or stone erected by the lessee/lessees above ground level in good repair order and condition and fit in all respects for further working of the said mines and the said minerals.
17. Right of preemption. - (A) The State Government shall from time to time and all times during the said terms have the right (to be exercised by notice in writing to the lessee/lessees) of pre-emption of the said minerals (and all products thereof) lying in or upon the said lands hereby demised or elsewhere under the control of the lessee/lessees and the lessee/lessees shall with all possible expedition deliver all minerals or products or minerals purchased by the State Government under the power conferred by this provision in the quantities at the times in manner and at the place specified in the notice exercising the said rights.
(B)The price to be paid for all minerals or products of minerals taken in pre-emption by the State Government in exercise of the right hereby conferred shall be the fair market price prevailing at the time of pre-emption. Provided that in order to assist in arriving at the said fair market price the lessee/lessees shall if so required furnish to the State Government for the confidential information of the Government, particulars of the quantities, description and prices of the said minerals or products thereof sold to other customers and of charters entered into for freight, for carriage of the same and shall produce to such officer or officers as may be direct by the State Government original or authenticated copies of contracts and charter parties entered into for the sale or freightage of such minerals or products.(C)In the event of the existance of a state of war or emergency (of which existence and President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof), the State Government with the consent of the Central Government shall from time to time and all times during the said term have the right (to be exercised by a notice in writing to the lessee/lessees) forthwith take possession and control of the works, plant, machinery and premises of the lessee/lessees on or in connection with the said lands or operations under this lease and during such possession or control the lessee/lessees shall conform to and obey all directions given by or on behalf of the Central Government or State Government regarding the use or employment of such works, plants, premises and minerals : Provided that fair compensation which shall be determined in default of agreement by the Government shall be paid to the lessee/ lessees for all loss or damage sustained by him/they by reason or in consequence of the exercise of the powers conferred by this clause and provided also that the exercise of such powers shall not determine the said terms hereby granted or affect the terms and provisions of these presents further than may be necessary to give effect to the provisions of this clause18. Recovery of expenses incurred by the State Government. - If any of the works or matters which in accordance with the convenants in that behalf hereinbefore contained are to be carried or performed by the lessee/lessees be not so carried out or performed within the time specified in that behalf, the State Government may cause the same to be carried out or performed and the lessee/ lessees shall pay the State Government on demand all expenses which shall be incurred in such carrying out or performance of the same and the decision of the State Government as to such expenses shall be final.
19. Other obligations. - (A) The lessee/lessees shall pay a wage not less than the minimum wage prescribed by the Central Government or State Government front time to time under Minimum Wages Act. 1948;
(B)The lessee/lessees shall comply with provisions of the Mines Act, 1952 and the rules made thereunder;(C)The lessee/lessees shall take measures for the protection of environment like planting of trees, reclamation of land, use of pollution control devices and such other measures as may be prescribed by the Collector from time to time, at his own expense;(D)The lessee/lessees shall pay compensation to the occupier of the land on the date and in the manner laid down in the Rules;(E)The lessee/lessees shall in the matter of employment give preference to the tribals and to the local persons;(F)The lessee/lessees shall not transport any mineral or its product from the leased area without a valid transit pass as provided in the Rules.Part VIII – The Convenants of the State Government
1. Lessee/lessees may hold and enjoy rights quietly. The lessee/ lessees paying the rents and royalties hereby reserved and observing and performing all the convenants and agreements herein contained and on the part of the lessee/ 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 in lawful interruption from or by the State Government or any person rightfully claiming under it.
2. Acquisition of land of third parties and compensation thereof. - If in accordance with the provision of clause 4 of Part VII of this Schedule the lessee/lessees shall offer to pay to an occupier of the surface of any part of the said lands compensation for any damage or injury which may arise from the proposed operations of the lessee/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/lessees by these presents and the lessee/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/lessees 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/ 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.
3. To renew. - The quarry lease is renewable in terms of the provisions of the Rules.
4. Liberty to determine the lease. - (1) The lessee/lessees may at any time determine this lease by giving not less than six calendar months notice in writing to the Sanctioning Authority and upon the expiration of such notice provided that the lessee/lessees shall upon such expiration render and pay all rents, royalties, compensation for damages and other moneys which may then be due and payable under these presents to the lessor or any other person or persons and shall deliver these presents to the State Government then this lease and the said term and the liberties, powers and privileges hereby granted shall absolutely cease and determine but without prejudice to any right or remedy of the lessor in respect of any breach of any of the convenants or agreements contained in these presents.
(2)The Sanctioning Authority may on an application made by the lessee permit him in surrender one or more minerals from his lease which is for a group of minerals on the ground that deposits of that minerals have since exhausted or depleted to such an extent that it is no longer possible to work the mineral economically subject to the condition that the lessee.(a)Makes an application for such surrender of mineral atleast six months before the intended date of surrender; and,(b)Gives an undertaking that he will not cause any hindrance in the working of the mineral so surrendered by any other person who is subsequently granted a quarry lease for that mineral.5. Refund of security deposits. - On such date as the Collector may elect 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/lessees. No interest shall run on the security deposit.
Part IX – General Provisions
1. Obstructions to inspection. - In case the lessee/lessees or his/their transferee/assignee docs/do not allow entry or inspection by the officers authorised by the Central or State Government under the said Rules, the Collector shall give notice in writing to the lessee/lessees requiring him/them to show cause within such time as may be specified in the notice why the lease should not be determined and his/their security deposit forfeited; and if the lessee/lessees fails/fail to show' cause within the aforesaid time to the satisfaction of the Sanctioning Authority may determine the lease and forfeit the whole or part of the security deposit.
2. Penalty in case of default in payment of royalty and breach of convenants. - If the lessee/lessees of his/their transferee or assignee makes/ make any default in payment of rent or royalty as required by the Rules, Act or commits a breach of any of the conditions and convenants: other than those referred to in convenant 1 above, the Collector shall give notice to the lessee/lessees requiring him/them to pay the rent royalty or remedy the breach, as the case may be within sixty days from the date of receipt of the notice and if the rent, and royalty are not paid or the breach is not remedied within such period, the Sanctioning Authority without prejudice to any proceedings that may be taken against him/them, determine the lease and forfeit the whole or part of the security deposit or may impose penalty as provided in Rules.
3. Failure to fulfil the terms of leases due to "Force Majeure". - Failure on the part of the lessee/lessees to fulfil any of the terms and conditions of this lease shall not give the State Government any claim against the Lessee/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 fulfilment by the lessee/lessees of 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, earth quake, tide, storm, tidal wave, flood, lightning, explosion, fire and any other happening which the lessee/lessees could not reasonably prevent or control.
4. Lessee/lessees to remove his/their properties on the expiry of lease. - The lessee/lessees having first paid discharged rents, and royalties payable by virtue of these presents may at the expiration or sooner determination of the said term or within three calendar months thereafter (unless the lease shall be determined under clauses 1 and 2 of this Part and in that case at any time not less than 15 days nor more than three calendar months after such determination) take down and remove for his/their own benefit all or any engines, machinery, plant, building, structures, tramways and other works, erections and conveniences which may have been erected, set up or placed by the lessee/lessees in or upon the said lands and which the lessee/lessees is/are not bound to deliver to the State Government under these rules.
5. Forfeiture of property left more than three months after determination of lease. - If at the end of three calendar months after the expiration or sooner determination of the said term under the provision contained in clause 4 of Part VIII of this Schedule become, effective there shall remain in or upon the said land any engines, machinery, plant, building structures, tramways and other work, erections and conveniences or other property which are not required by the lessee/lessees in connection with operations in any other lands held by him/them under quarry lease the same shall if not removed by the lessee/lessees within one calendar month after notice in writing requiring their removal has been given to lessee/lessees by the Collector be deemed to become to 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/ lessees in respect thereof.
6. The lease is executed at................ and subject to the provision of Article 226 of the Constitution of India, it is hereby agreed upon by the lessee and the lessor that in the event of any dispute in relation to the area under lease, condition of lease, the dues realisable under the lease and in respect of all matters touching the relationship of the lessee and the lessor, the suits (or appeals) shall be filed in the civil courts at.............(name of the city) and it is hereby expressly agreed that neither party shall be competent to file a suit or bring any action or file any petition at any place other than the courts named above.
7. For the purpose of stamp duty the anticipated royalty from the demised land is Rs................per year.
In witness whereof these presents have been executed in the manner hereunder appearing the day and year first above written.Signed by for and on behalf of the Governor(lessor) DatedWitness(1)...........................(2)...........................Witness(1)...........................(2)...........................Lessee Dated........................(Signature and Designation)Form VIII[See Rule 29 (6)]Application for Issue of Transit Pass/Transit Pass Book for Despatch of Minerals1. Name of [lessee/Contractor]
5. Quantity of mineral in stock and the quantity-proposed to be despatched/transported
6. Route and mode of transport of the quantity
7. Purpose of despatch (Own consumption/sale). In case of sale, the name and address of the purchaser should be furnished).
8. In case of Rail Transport
(ii)Destination of the consignment with the name and the address of the consignee.9. Sale value of the mineral
10. Period within which the applicant desires to despatch/transport the quantity
11. Other particulars which the applicant wishes to state.
I/we hereby certify that the particulars given above are correct to the best of my/our knowledge and belief.Signature of the ApplicantPlace :Date :Form IX[See Rule 29 (7)]Transit Pass
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District...................................... |
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Pass book No |
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Transit Pass No |
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Name of lessee/[trade quarry] holder |
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Name of Mineral |
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Name of Quarry and village |
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Area of Quarry |
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Period of quarry lease/[trade quarry] |
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Date of dispatch from quarry |
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Time of dispatch from the Quarry |
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Quantity of mineral being carried in cubic meters |
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Name of purchaser and destination |
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Value of the mineral being carried |
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Truck/Tractor No. or name of the bullock cart owner |
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Signature of Lessee |
| Signature of Driver of the carrier. |
Contractor/Munshi/Authorised Agent. |
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For the month of......................... |
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The Collector |
(1) Name of the lessee.................................. |
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(2) Address ................................................... |
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(3) Location of quarry- |
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(a) Village; |
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(b) Tahsil; |
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(c) Panchayat. |
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Gram Panchayat |
(4) Details of lease |
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(a) Khasra No............ area. |
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(b) Period of lease |
4. Consumption of Mineral
6. Total consumption and Despatch (4+5)
8. Transit passes used Book Nos. and Serial Nos.
9. Products from mineral consumed-
10. Balance payable royalty
11. Royalty for this month
12. Total royalty (10+11)
13. Royalty paid vide challan No and
Date .................Place ................15. Remarks
Place....................................................Date....................................................Signature of the lesseeor his authorised personForm XI[See Rule 30 (20)(b)]Half Yearly Return for the Period1.
-7-19 to 31-12-19(To be submitted by 15th July/15th January)
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(1) |
Name of the lessee...................................... |
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(a) The Collector |
(2) |
Address................................................... |
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.......................... |
(3) |
Location of quarry- |
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(a) Village; |
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(b) Tahsjl; |
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(c) Panchayat. |
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(4) Details of lease |
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(a) Khasra No............ area............ |
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(b) Period of lease |
1. Total production in the Half year
8. Royalty paid Ch. No.............Date......and place...........
Please give details of:-(3)Average number of persons employed per day(5)Use of explosives if anyPlace.................................................Date..................................................Signature of the lesseeor his authorised person.Form XII[See Rule 30(20) (c)]Annual Return(To be submitted by 31st January every year)To,The Collector,Part I – General
1. Name and address of lessee
4. Details of lease area-
(i)Total area with Khasra Nos.5. Transferor or previous lessee if any and date of transfer
6. Ownership (Please Mark)-
(i)Scheduled Tribe Society(ii)Scheduled Caste Society(iii)Educated unemployed Society(iv)Individual (Indicate S.C./S.T./O.B.C.etc.)Part II – Utilisation of Area
7. Lease area utilisation as at the end of year-
(i)Area already exploited and abandoned.(ii)Area covered under current operations.(iii)Area used for waste disposal(iv)Area used for any other purpose (Give details)Part III – Rents and Royalties
8. Royalty paid during the year-
(a)Royalty during the year(b)Amount of past arrears if any paid during the year9. Amount of dead rent paid during the year.
10. Surface rent-
(i)Area for which surface rent is payable(ii)Amount paid for the year.(iii)Amount paid for past arrears in anyPart IV – Production and Despatches
11. Production and Despatches
Part V – Cost of Production
12. (i) Direct Cost Cost per tonne
13. Explosives and machinery used (Give specific details)
Place :Date :Signature of lessee or hisauthorised personForm XIII[See Rule 30 (24)]Notice1. (a) Name of mine
(b)Name of mineral worked(c)Situation of mine (Village, Thana, Sub Division, District, State)(d)Date when work was first started2. (a) Name and postal address of present owner(s)
(b)Name and postal address of agent, if any3. (a) Name and postal address of Manager, if any
(d)His experience in mining4. Whether working are likely to be extended below ground
5. (a) Maximum depth of open cast excavation measured from its highest to its lowest point.
(b)Date when depth first exceeded 6 metres.6. (a) Nature, amount and kind of explosive used, If any
(b)Date when explosives were first used.............................Signature of Owner/Agent/ManagerDate............................To be sent to :-1. The Director General. Mines Safety, Government of India, Dhanbad.
2. The Controller General, India Bureau of Mines, Government, of India Nagpur.
3. The District Magistrate of the District where the mine situated.
4. The Mining Officer/Assistant Mining Officer.
Form XIVModel Form for Transfer of Quarry Lease[See Rule 35 (3)]When the transferor is an individual.....................The indenture made this............. day of..............19.......... between (Name of the person with address and occupation) hereinafter referred to as the "transferor" (which expression shall where the context so admits be deemed to include his heirs executors, administrators, representatives and permitted assignees);OrWhen the transferor is a society/Association.....................(Name of the society/Association with address and occupation) and (Name of person with address and occupation) hereinafter referred to as the "transferor" (which expression shall where the context so admits be deemed to include their respective heirs, executors administrators, representatives and their permitted assignees);OrWhen the transferor is a registered firm................(Name of the person with address of all the partners) all carrying on business in partnership under the firm name and style of...............(Name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at ............hereinafter referred to as the "transferor" (which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assignees);OrWhen the transferor is a registered company..................... (Name of Company) a company registered under...............(Act under which incorporated) and having its registered office at................(Address) hereinafter referred to as the "transferor" (which expression shall where the context so admits be deemed to include its successors and permitted assignees) of the first part.AndWhen the transferee is an individual..................................(Name of person with address and occupation) hereinafter referred to as the "transferee" (which expression shall where the context so admits be deemed to include his heirs, executors, administrators representatives and permitted assignees).OrWhen the transferee is a Society/Association (Name of the society/association with address and occupation) and....................(Name of person with address and occupation) hereinafter referred to as the "transferee" (which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assignees);OrWhen the transferee is a registered firm .............. (Name and address of all the partners) all carrying on business in partnership under the firm name and style of................(Name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at.................hereinafter referred to as the "transferee" (which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assignees.)OrWhen the transferee is registered company .................. (Name of the Company) a company registered under (Act under which incorporated) and having its registered office at.................(Address) hereinafter referred to as the "transferee" (which expression shall where the context so admits be deemed to include its successors and permitted assignees) of the second partAndThe Governor of Madhya Pradesh hereinafter referred to as the "State Government" (which expression shall where the context so admits be deemed to include the successors and assignees) of the third part.Whereas by virtue of an indenture of lease dated the .................... and registered as No............on...............(date) in the office of the Sub-Registrar of............... (place) hereinafter referred to as lease the original whereof is attached hereto and marked 'A' entered into between the State Government (herein called the lessor) and the transferor (therein called the lessee), the transferor is entitled to search for, win and work the mines and minerals in respect of..............(name of mineral/s) in the lands described in Schedule thereto and also in Schedule annexed hereto for the term and subject to the payment of the rents and royalties and observance and performance of the lessee's convenant and condition in the said deed of lease reserved and contained including a convenant not to assign the lease or any interest thereunder without the previous sanction of the Competent Authority.And Whereas the transferor is now desirous of transferring and assigning the lease to the transferee and the Competent Authority has at the request of the transferor, granted permission to the transferor vide order No.........................dated...........to such a transfer and assignment of the lease upon the condition of the transferee entering into an agreement in and containing the terms and conditions hereinafter set forth.Now this Deed witnesseth as follows :1. The transferee hereby convenants with the State Government that from and after the transfer and assignment of the lease the transferee shall be bound by, and be liable to perform, observe and conform and be subject to all the provisions of all the convenants, stipulations and conditions contained in said herein before recited lease in the same manner in all respects as if the lease had been granted to the transferee as the lessee thereunder and he had originally executed it as such.
2. It is further hereby agreed and declared by the transferor of the one part and the transferee of the other part that-
(i)the transferor and the transferee declare that they have ensured that the mineral rights over the area for which the quarry lease is being transferred vest in the State Government.(ii)The transferor hereby declares that he/she has not assigned, subject; mortgaged or in any other manner transferred the quarry lease now being transferred and that no other person or persons has any right, title or interest where under in the present quarry lease being transferred.(iii)The transferor further declares that he/she has not entered into or made any agreements, contract or understanding whereby he had been or is being directly or indirectly financed to a substantial extent by or under which the transferor's operation or understandings were or are being substantially controlled by any person or body of persons other than the transferor.(iv)The transferee hereby declares that he/she has accepted all the conditions and liabilities which the transferor was having in respect of such "quarry lease".(v)The transferee further declares that he/she is financially capable of and will directly undertake mining operations.(vi)The transferor has supplied to the transferee the Original or certified copies of all plans of abandoned workings in the area and in a belt 65 metre wide surrounding it.(vii)The transferee hereby further declares that as a consequence of this transfer, the total area which is held by him under quarry leases are not in contravention of the Madhya Pradesh Minor Minerals Rules, 1996.(viii)The transferor has paid all the rent, royalties and other dues towards Government till the date, in respect of this lease.In witness whereof the parties hereto have signed on the date and year first above written.
Schedule 5
Location and area of the leaseAll that tract of lands situated at village..............(Description of area of areas) Tahsil .................................. District.......................... bearing khasra Nos...........containing an area of................ or thereabout delineated on the plan hereto annexed and thereon coloured................and bounded as followsOn the North by.......................On the South by.......................One the East by ......................AndOn the West by........................Signed by for and on behalf of the State Government in the presence of-2.
Signature of Transferor in the presence of witnesses-2.
Signature of transferee in the presence of-1.
................................................2.
................................................[Form XV] [See Rule 36 (2)]Notice of AuctionIt is published for general information that the trade quarry situated in district........block..............of Madhya Pradesh as specified in the Schedule below for exploitation by the contractor will be allotted by public auction at (place).............on (dated)...........at.............(time) for the period ending 31st March from the date of taking over possession of the quarry.2. The terms and conditions for auction and other information can be obtained from the [Collector/Additional Collector (Senior I.A.S. Scale)] during office hours on any working day.
3. If all the quarries specified in the Schedule cannot be auctioned on the specified date, the remaining quarries shall be auctioned on the next working day.
4. Persons who are in arrears of Government dues regarding quarries or mines shall not be allowed to take part in the auction.
5. Before bidding every intending bidder should satisfy himself/herself fully regarding the position of the quarry, availability and quality of the mineral (s) being auctioned in the quarry, access roads, etc. After the auctions has been completed no complaints in this regard shall be entertained.
6. Before bidding, the bidder will have to sign an agreement in Form XVI accepting all the conditions laid down for the auction of quarries.
Only those who are personally present can take part in the auction. No offer made otherwise or after the auction is over shall be considered.No person can bid on behalf of another person unless he/she produces a power of attorney duly executed. In the absence of such authority the responsibility for bidding will be that of the bidder himself/herself.7. Before bidding, the bidder will have to furnish a solvency certificate and deposit 5 percent of the upset price as earnest money.
The bidder shall be entitled to offer bids limited to the amount of solvency furnished. In case no solvency certificate is produced, he/she shall be entitled to bid up to four times the amount deposited by him/her as earnest money. The bidder shall be required to deposit more earnest money, in case he/she desires to bid more than four times the amount deposited by him/her.8. The earnest money deposited shall be refunded to all the bidders except the final bidder or the person whose bid is likely to be accepted. The final bidder will have to deposit at the auction site 25 per cent of the final bid as security deposit immediately on the bid being knocked down in his/her favour for observance of the terms and conditions laid down in the agreement. This shall be refundable only after the expiry of the period of contract on satisfaction of the [Collector/Additional Collector (Senior I.A.S. Scale)] that all rales and/or conditions of the agreement have been satisfactorily fxilfilled by the contractor.
In case the bidder fails to deposit the security deposit immediately after the bid is knocked down in his/her favour, the earnest money deposited by him/her shall be forfeited and the quarry shall be re-auctioned.9. The State Government/[Collector/Additional Collector (Senior I.A.S. Scale)] may or may not accept the highest bid without assigning any reasons therefor.
10. The successful bidder will have to execute the agreement in Form XVIII within thirty days from the date of receipt of intimation accepting his/her bid and to take possession of the quarry, failing which the earnest money and the security deposit deposited by him/her shall be forfeited by the concerned Janpad Panchayat and the quarry shall be re-auctioned.
11. The contract maney shall be paid in instalments as follows:-
(i)If the contract money is not more than Rs. 5000/- per annum, the full amount shall be deposited in one instalment before execution of the agreement.(ii)If the contract money exceeds Rs. 5000/- but does not exceed Rs. 10000/- per annum, it may be paid in two equal instalments. The first instalment shall be deposited before the execution of the agreement.(iii)If the contract money exceeds Rs. 10,000/- per annum but does not exceed Rs. 30,000/-, it shall be deposited in three equal instalments. The first instalment shall be deposited before execution of the agreement.(iv)If the contract money exceeds Rs. 30,000/- per annum, it shall be deposited in four equal instalments. The first instalment shall be deposited before execution of the agreement.12. The successful bidder shall furnish security in Form XVII for the balance amount of the accepted bid.
13. In case the contract money or any other amount payable is not deposited by the contractor within a period of three months, the [Collector/Additional Collector (Senior I.A.S. Scale)] may cancel the contract and take back possession of the quarry or may forfeit the security amount or part thereof . In such case the amount so forfeited shall have to be deposited by the contractor within 15 days. In case the contract is cancelled and quarry is re-auctioned, any loss incurred on re-auction shall be recovered from the contractor as an arrear of land revenue :
Provided that before doing so, the [Collector/Additional Collector (Senior I.A.S. Scale)] shall issue a show cause notice to the contractor to deposit the due amount within thirty days.14. If the sale of extracted material from a quarry is stayed by an order issued under the provisions of any Act or rule of the Central or State Government, the State Government/[Collector/Additional Collector (Senior I.A.S. Scale)] shall not be responsible for any loss incurred on this account.
15. Whenever the rate of royalty is revised, the [Collector/Additional Collector (Senior I.A.S. Scale)] shall have the right to modify accordingly the amount of auction money and the quantity of mineral to be removed from the quarry.
16. The contractor will abide by all orders issued from time to time by the State Government regarding the quarry.
17. If any dispute arises regarding the quarry contract, the decision of the State Government/[Collector/Additional Collector (Senior I.A.S. Scale)] shall be final.
18. The contractor shall affix stamps on the agreement and on the security bond as per Indian Stamp Act, 1899.
Schedule 6
| S.No |
Gram Panchayat |
Block |
Tahsil |
Particulars of the quarry |
| Name of the Village/Quarry |
Khasara No. |
Area |
Mineral |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
| |
|
|
|
|
|
|
|
|
[Collector/AdditionalCollector (SeniorI.A.S.Scale)]...........................District...........................MadhyaPradesh]
|
2. Whereas the bidder has read the conditions laid down in Form XV regarding auction of quarries etc. or understood before taking part in the auction of............... quarry and admits that he/she shall not be entitled to express ignorance of any of the said conditions.
3. The bidder hereby agrees that-
(1)Before bidding in the auction, he/she shall furnish a solvency certificate and deposit 5 per cent of the upset price.(2)The bidder shall be entitled to offer bids limited to the amount of solvency furnished. In case No solvency certificate is produced, he/she shall be entitled to bid up to four times the amount deposited by him/her as earnest money. The bidder shall be required to deposit more earnest money, in case he/she desires to bid more than four times the amount deposited by him/her.(3)Before bidding, tire bidder shall satisfy himself regarding all relevant aspects of the quarry. No complaints will be entertained after finalisation of the bid.(4)(a)The earnest money deposited shall be refunded to all the bidders except the final bidder or the person whose bid is likely to be accepted. The final bidder shall deposit at the auction site 25 per cent of the final bid as security deposit immediately on the bid being knocked down in his/her favour for observance of the terms and conditions laid down in the Contract agreement for the Trade quarry. This shall be refundable only after the expiry of the period of contract on satisfaction of the [Collector/Additional Collector (Senior I.A.S. Scale)] that all rules and/or conditions of the agreement have been satisfactorily fulfilled by the contractor.(b)In case the bidder fails to deposit the security deposit immediately after the bid is knocked down in his/her favour, the earnest money deposited by him/her shall be forfeited and the quarry shall be re-auctioned and the loss if any, incurred on re-auction shall be recovered from him/her as an arrear of land revenue.(5)The State Government/ [Collector/Additional Collector (Senior I.A.S. Scale)] is not bound to accept the highest bid. Further, the State Government/ [Collector/Additional Collector (Senior I.A.S. Scale)] is free to accept or not to accept the highest bid without assigning any reasons thereof.(6)The successful bidder will have to execute the agreement in Form XVIII within thirty days from the date of receipt of intimation accepting his bid and to take possession of the quarry, failing which the earnest money and the security deposit deposited by him/her shall be forfeited by the [Collector/Additional Collector (Senior I.A.S. Scale)] and the quarry shall be re-auctioned. Any loss incurred on re-auction shall be recovered from him/her as an arrear of land revenue.(7)The contract money shall be paid in instalments as follows :-(i)If the contract money is not more than Rs. 5000/- per annum, the full amount shall be deposited in one instalment before execution of the agreement.(ii)If the contract money exceeds Rs. 5000/- but does not exceed Rs. 10000/- per annum, it may be paid in two equal instalments. The first instalment shall be deposited before the execution of the agreement.(iii)If the contract money exceeds Rs. 10,000/- per annum but does not exceed Rs. 30,000/-, it shall be deposited in three equal instalments. The first instalment shall be deposited before execution of the agreement.(iv)If the contract money exceeds Rs. 30,000/- per annum, it shall be deposited in four equal instalments. The first instalment shall be deposited before execution of the agreement.(8)The successful bidder shall furnish security in Form XVII for the balance amount of the accepted bid.(9)In case the contract money or any other amount payable is not deposited by the contractor within a period of three months, the [Collector/Additional Collector (Senior I.A.S. Scale)] , may cancel the contract and take back possession or the quarry or may forfeit the security amount or part thereof. In such case the amount so forfeited shall have to be deposited by the contractor within 15 days. In case the contract is cancelled and the quarry is re-auctioned, any loss incurred on re-auction shall be recovered from the contractor as an arrear of land revenue :Provided that before doing so, the [Collector/Additional Collector (Senior I.A.S. Scale)] shall issue a show case notice to the contractor to deposit the due amount within thirty days.(10)If the sale of extracted material from a quarry is stayed by an order issued under the provisions of any Act or rule of the Central or State Government, the State Government/ [Collector/Additional Collector (Senior I.A.S. Scale)] shall not be responsible for any loss incurred on this account.(11)Whenever the rate of royalty is revised, the [Collector/Additional Collector (Senior I.A.S. Scale)] shall have the right to modify accordingly the amount of auction money and the quantify of mineral to be removed from the quarry.(12)The contractor shall abide by all orders issued from time to time by the State Government regarding the quarry.(13)If a dispute arising out of and/or in connection with and/or in relating to this contract, the decision of the [Collector/Additional Collector (Senior I.A.S. Scale)] shall be final:Provided that an appeal against any order passed shall lie to the authority and in the manner prescribed under [these rales.] (14)The contractor shall affix stamps on the agreement and on the security bond as per the Indian Stamp Act, 1899.(15)The period of contract shall be from the date of possession to the 31st March. 200...... If there is any delay in giving possession of the quarry by the [Collector/Additional Collector (Senior I.A.S. Scale)] , the previous contractor may continue to work the quarry with the permission of the [Collector/Additional Collector (Senior I.A.S. Scale)] for the intervening period. The new contract shall start from the date of possession of the quarry. The contract amount shall be reduced proportionately for the period of delay.
| Name, address and signatureof the witnesses.1.2.1.2. |
Name and signature of[Collector/AdditionalCollector(Senior I.A.S. Scale)] (and his seal).Name,address andSignature of the bidder.]
|
2.
Verified and found correct has signed this Bond today in my presenceExecutive Magistrate[Form XVIII] [See Rule 37 (1)]Contract Agreement for Trade QuarryThis indenture made this the...............day of............two thousand and .............. between the Governor of Madhya Pradesh acting through the [Collector/Additional Collector (Senior I.A.S. Scale)] .............District..................................(hereinafter referred to as the Governor) which expression shall include his/her successors in office on the one part and Shri/Smt./Ku...............Son/wife/daughter of.......... resident of tahsil district.........(hereinafter called the contractor which expression shall where the context so admits include his/her heirs, executors, administrators, representatives and permitted assigns) on the other. part for trade quarry for a period of............from .............to ...........1. Whereas the contractor in accordance with the conditions of the contract has agreed to pay the contract money Rs...............annually, which amount shall hereinafter be called the contract money and has paid Rs.............as earnest money and Rs...............as security deposit i.e. 5 per cent and 25 per cent of the said contract money respectively, which amount shall be kept in deposit for observance of the terms and conditions of the contract and shall be liable for forfeiture, in the event of any kind of breach of the contract agreement, and
Whereas the [Collector/Additional Collector (Senior I.A.S. Scale)] has sanctioned him/her a contract for the trade quarry the plan of which is annexed, the area of which is................hectare and the details of which are given in the enclosed Schedule 'A' which shall henceforth be called the 'Quarry.2. Now this indenture witnesseth that in consideration of the royalties, rents and other payments and in consideration of and subject to the conditions, covenants and agreement, the contractor shall have the liberty to enter, occupy and use the area- grated for quarrying purposes and to carry away and sell the mineral or its products subject to die condition that the [Collector/Additional Collector (Senior I.A.S. Scale)] shall at all times throughout the term of the contract have the right of pre-emption at the prevailing fair market price the products (of the quarry) lying within the quarry or elsewhere under the control of the contractor.
3. The contractor shall occupy and take possession of the land hereby demised to him/her in pursuance of this agreement from the period commencing from ............. to............................
4. It is hereby agreed that the boundaries of the area hereby demised shall run vertically downward to the centre of the earth.
5.
(1)The contractor shall pay the sum of Rs..................in instalments on or before the date shown below :-
| SI.No. |
Instalmentnumber |
Amount of instament(in rupees) |
Date of depositing theinstalment |
| (1) |
(2) |
(3) |
(4) |
| 1.2.3. |
6. If during the currency of the contract the rates of royalty are revised then the contract money shall also be revised proportionately. In that case royalty at the revised rate shall be paid by the contractor for every additional extraction done by him/her as mentioned in condition 5(2) above.
7. [ The contract money and other amounts (excluding the earnest money and security deposit) relating to trade quarry shall be deposited by the contractor under the receipt head prescribed in the sub-rule (3) of Rule 10.]
8. In the event of the contract amount and other dues which are payable under the terms of this agreement remain unpaid for more than two months from the due dates then the [Collector/Additional Collector (Senior I.A.S. Scale)] or any officer authorised by him/her shall be empowered to enter upon the premises and to seize and carry away mineral and/or its product and/or the movable property in the quarry.
9. If any contract amount or any other dues under this agreement remains unpaid by the contractor for more than 3 months, then the [Collector/Additional Collector (Senior I.A.S. Scale)] may either cancel the contract and enter upon the land and take possession of the quarry and all the quarry products or forfeit the whole or a part of the security deposit in which case the contractor shall deposit the forfeited amount of the security deposit within 15 days. If the quarry is reauctioned as a result of cancellation of the contract, the loss, if any, shall be recovered from the contractor as an arrear of land revenue :
Provided that before doing so the [Collector/Additional Collector (Senior I.A.S. Scale)] shall issue a notice to the contractor to deposit the due amount within thirty days.10. The contractor shall be entitled to erect such temporary buildings etc. in the quarry as may be required for bonafide quarrying purposes and to remove the same before the expiry of the contract. In the event of not doing so, any such building etc. standing on the quarry land after the expiry of the contract shall be the property of the [Collector/Additional Collector (Senior I.A.S. Scale)] and that the contractor shall have no right to claim compensation thereof if the installed structure is not removed by the contractor within the contract period.
11. The contractor shall at his/her own expense erect and at all time maintain and keep in repair boundary marks and pillars along the boundaries of the demised lands.
12. The contractor shall not assign or sublet the land or any part thereof or transfer the rights/privileges granted under contract.
13. The contractor shall be responsible for maintaining tire proper sanitation of the land granted to him/her under this agreement.
14. The contractor shall be bound by all rules and regulations in force and such other conditions as the Government may from time to time impose.
15. The contractor shall be bound to take adequate measures for the health and safety of the persons working in the quarry.
16. The contractor shall honour the rights regarding road, water and other easements.
17. The Government shall have the right to make surface roads or other contrivance for establishing means of communications over the leased area and the contractor shall have no right to claim compensation therefor.
18. The contractor shall carry on quarrying operations effectively in proper skilful and workman-like manner and shall stack the overburden and unsusable minerals in separate heaps.
19. The contractor shall maintain correct accounts showing the quantity and particulars of the mineral obtained from the quarry and sold or despatched and the number of persons employed therein and also a complete plan of the quarry and shall allow any officer authorised by the Government/ Substituted by [Collector/Additional Collector (Senior I.A.S. Scale)] at any time to examine such accounts and plans and shall furnish the same during inspection or on demand by such competent officer.
20. The contractor shall submit monthly returns in the proforma below before the 7th day of each month to the [Collector/Additional Collector (Senior I.A.S. Scale)] .
| Month |
Opening stock of the mineral extracted |
Quantity of the mineral extracted during themonth
|
Quantity of the mineral despatched during themonth
|
| (1) |
(2) |
(3) |
(4) |
| |
| Quantity of the mineral sold during the month |
Closing stock of the mineral at the end of themonth
|
Average number of labourers employed during themonth
|
| (5) |
(6) |
(7) |
| |
|
|
21. The contractor shall report any accident occurred in the quarry area to the concerned District Magistrate forthwith.
22. The contractor shall have no claim against the [Collector/Additional Collector (Senior I.A.S. Scale)] for compensation or damages in respect of land having been included in his/her contract which may subsequently be discovered not to have been available for the contract.
23. If the contractor is desirous of determining the contract before the completion of the period of contract, he/she shall give three months written notice of such intention to the [Collector/Additional Collector (Senior I.A.S. Scale)] . The [Collector/Additional Collector (Senior I.A.S. Scale)] shall have the right to accept/reject the same :
Provided that the premature surrender of the contract shall be accepted by the [Collector/Additional Collector (Senior I.A.S. Scale)] only when there are no arrears against the contractor on the date of accepting the surrender of the contract.24. The contractor shall not use the lands given to him/her under this agreement for any purpose other than those for which the contract has been given.
25.
(1)In the event of a war or state of emergency the Government shall have the right to take possession of the quarry, articles, land, machinery, plants, buildings and material and in such event the contractor shall have no claim to any compensation.(2)The State Government shall have the right to take possession of the quarry before completion of the contract in public interest:Provided that before taking possession one month's notice shall be given to the contractor.26. If a dispute arising out of and/or in connection with and/or in relation to this contract, the decision of the [Collector/Additional Collector (Senior I.A.S. Scale)] shall be final:
Provided that an appeal against any order passed shall lie to the authority and in the manner prescribed under [these rules.] 27. Resumption of Possession. - (1) Where an auction quarry is cancelled or determined or a decision is taken to resume possession of the quarry in the public interest or the period for which the trade quarry is granted has expired, the contractor shall hand over possession of the quarry to [Collector/Additional Collector (Senior I.A.S. Scale)] in which the trade quarry or major portion thereof is situated within a period of seven days from the date of cancellation or determination or decision to take back possession in the public interest is communicated or on the day following the date of expiry of the period of auction quarry, as the case may be'
(2)Where the contractor fails to hand over possession of the trade quarry within the period specified in sub-clause (1), the [Collector/Additional Collector (Senior I.A.S. Scale)] or an Officer authorised by him/her shall serve or cause to be served a notice on the contractor either by post or by tendering or delivering the copy of it personally to the contractor or one of his/her family members or servants or by affixing it to a conspicuous part of the place of his/her residence or place of business or publishing it in at least one newspaper having circulation in the locality where the contractor resides.(3)The notice under sub-clause (2) shall contain a statement that the contractor shall hand over possession of the auction quarry to the [Collector/Additional Collector (Senior I.A.S. Scale)] or an Officer authorised by him/her under sub-clause (1) within a period of seven days of the date of service of the notice.(4)Where a contractor fails to hand over possession of the trade quarry within the period specified in the notice under sub-clause (2), the [Collector/Additional Collector (Senior I.A.S. Scale)] or an Officer authorised by him/her under sub-clause (1), may take possession of the trade quarry from the contractor and for that purpose may use such force as may be considered necessary.(5)If on the expiry of the period of the contract, a contractor fails to hand over possession on the next day, the contractor shall abide by all the conditions of the agreement till the possession is taken back.28. If the contractor contravenes the conditions of the agreement, the [Collector/Additional Collector (Senior I.A.S. Scale)] shall have the right to forfeit the security amount or part thereof deposited by the Contractor :
Provided that before doing so the [Collector/Additional Collector (Senior I.A.S. Scale)] shall issue a show cause notice to the contractor to remedy the contravention within thirty days.29.
(1)The Contractor shall submit an application to the [Mining Officer/ Assistant Mining Officer] , for obtaining the prescribed transit pass-book in Form VIII under sub-rule (6) of Rule 29 of the Madhya Pradesh Minor Mineral Rules, 1996.(2)The [Mining Officer/Assistant Mining Officer] shall issue the transit Pass-book in duplicate under his/her seal and signature in accordance with the contract money/instalment deposited by the contractor.(3)The contractor shall issue a transit pass in form IX for each trip under sub-rule (7) of Rule 29 of the Madhya Pradesh Minor Mineral Rules, 1996 for keeping it with each vehicle carrying the mineral or its product from the quarry.30. It is hereby demised under the agreement that in case the contractor fulfils all the terms and conditions hereby contained and mentioned above then the security deposit of Rs................ and earnest money of Rs.................... which the contractor has deposited shall be refunded to him/her by the [Collector/Additional Collector (Senior I.A.S. Scale)] .
A
(See paragraph 1)
| District |
Tahsil |
Development Block |
Village |
Khasra No. |
Area (in hectare) |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
| |
|
|
|
|
|
|
|
Signature with full name,address and occupation ofthewitnesses
|
Signature of the[Collector/AdditionalCollector (SeniorI.A.S. Scale)] District ......................
|
| 1. |
(Seal) |
| 2. |
|
|
Signature with full name,address and occupation ofthewitnesses
|
Name; address and signature ofthe contractor. |
| 1. |
|
| 2. |
1. Name and Address of quarry lease holder.
2. Particulars of the area-
(i)Date of execution of agreement.(vi)Panchayat and tehsil.3. Particulars of the machines to be used.
4. The plan of the area showing number of pits already made showing all areas within 500 metres of the lease boundary with details thereof.
5. Details of quarrying operations to be undertaken.
6. Scheme for plantation of trees.
7. Scheme for progressive reclamation and rehabilitation of the land disturbed.
8. Scheme for prevention and control of air and water pollution.
9. Any other matter which the lessee desires to state.
| Place : |
Signature |
| Date : |
Name in full |
1. Name and Address of lease holder.
3. Plantation-
(i)No. of trees planted during the period6. Dumps of top soil, overburden etc.
SizeType7. Precautions for stablization
8. Any other matter which the lessee desires to state
| Place : |
Signature |
| Date : |
Name in full |
| |
Designation |
1. Name and address of individual(s) society, firm or company, applying
3. Name of authority, No. and date of order against which the appeal/review/revision application is filed (copy attached).
4. Minor Mineral or Minor Minerals for which the review/appeal revision application is filed
5. Details of the area in respect of which the application is filed.
| District |
Tehsil |
Village |
Panchayat |
Khasra No. & Total area |
6. Whether application fee has been deposited in the manner prescribed. Original receipt to be attached.
7. Whether the appeal/review/revision application has been filed within time specified if not, the reasons for not presenting it within the prescribed limits as provided for in rules.
8. Name and complete address of the party/ parties impleaded.
9. No. of copies attached
10. Grounds of appeal/review/revision.
11. If the appeal/review/revision application has been filed by the holder of Power of Attorney, the Power of Attorney, to be attached
Signature of the Applicant.Place :Date :[Form XXII](See Rule 39)Register of Trade Quarries
|
Particulars of TradeQuarry
|
Date ofauction
|
Name andaddress of contractor
|
| District |
Tahsil |
Village |
KhasraNumber(s) |
Area(in hectare) |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
| |
|
|
|
|
|
|
| Mineral |
Annual contract money (in Rs.) |
Date of possession |
Period ofcontract__________________From (Date) To (Date)
|
Date of Resumption of possession |
[Signature of the Mining Officer/AssistantMining Officer]
|
| (8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
| |
|
|
|
|
|
|
| District........................ |
Janpad Panchayat.................................. |
| 1. |
Particulars of Trade Quarry |
3. |
Period of contract |
| |
Village |
Khasra |
Area |
From |
To |
| |
|
No.(s) |
(in hectare) |
|
| 2. |
Name & address of the contractor |
4. |
Annual contract amount (in Rs.) |
| 5. |
Name of the mineral.................. |
9. |
Date of possession........................ |
| 6. |
Rate of Royalty Rs per cubic metre.................... |
10. |
Date of contract Agreement.............................. |
| 7. |
Earnest money Rs deposited vide Challan NoDate...............
|
11. |
Contracted quantity of the mineral..................(in cubicmeter)
|
| 8. |
Security money Rs deposited vide ChallanNo................... Date..........................
|
|
| SI. No. of theinstalment |
Due date of payment of instalment |
Amount of instalment due (in Rs.) |
Amount deposited against column No. 3 (in Rs.) |
Challan____________No. Date |
| (1) |
(2) |
(3) |
(4) |
(5) |
(6) |
| |
|
|
|
|
|
Balannce amount to be recoveredat the end ofthe year(in Rs.)
|
Amount recovered fromthe contractoragainstCol. No.6 (in Rs.)
|
Challan____________No. Date |
| (7) |
(8) |
(9) |
(10) |
| |
|
|
| Fluctuating Demand |
| Sl.No. of the instalment |
Quantity of mineral quarried (Cu.m) |
Quantity quarried in excess of contract as percol. 3 (in Rs.)
|
Royalty on excess mineral quarried (in Rs.) |
| (1) |
(2) |
(3) |
(4) |
| |
|
|
|
| Amount deposited (in Rs.) |
Challan____________No. Date |
Balance amount for recovery (in Rs.) |
Interest etc. if payable (in Rs.) |
Total of Cols. 8 and 9 (in Rs.) |
| (5) |
(6) |
(7) |
(8) |
(9) |
(10) |
| Amount deposited against col. 9 (in Rs.) |
Challan____________No. Date |
Balance amount due for recovery at the end of theyear (in Rs.)
|
Remarks |
| (11) |
(12) |
(13) |
(14) |
(15) |
| |
|
|
|
|
2. A sum of Rs being the fee in respect of this application thereof payable in accordance with Rule 10 (1) of Madhya Pradesh Minor Mineral Rules, 1996 has been deposited.
3. The required particulars are given below :-
(i)Name of the applicant with complete address.(ii)Is the applicant a private individual/private company/public company/firm or association?(iii)In case applicant is :(a)an individual his nationality.(b)a company, an attested copy of the certificate of registration of the company shall be enclosed.(c)firm or association the nationality of all the partners of the firm or members of the association.(iv)Profession or nature of business of applicant.(v)No. and date of the valid clearance certificate of payment of mining dues (copy attached).(vi)If on the date of application the applicant does not hold a prospecting licence it should be stated whether an affidavit to this effect has been furnished to the satisfaction of the State Government.(vii)Mineral or minerals, which the applicant intends to prospect.(viii)Period for which the prospecting licence is required.(ix)Extent of the area the applicant wants to prospect.(x)Details of the area in respect of which prospecting licence is required.
| District |
Taluk |
Village |
Khasra No. |
Plot No. |
Area |
| |
|
|
|
|
|
2. The application should relate to one compact area only;
3. Such large-size map as may be available-should be attached for proper demarcation of the areas specially when the area applied for is 40 hectares or less.
Form XXIIIReceipt of Application for Prospecting Licence/Quarry Lease or Renewals[See Rule 21 (2)(a)]Government ofS.No.Dated.................Received the application with the following enclosures for a prospecting licence/Quarry lease/renewal of prospecting licence/renewal of Quarry lease of Shri/Sarvashree................on...........20.....for about ..............hectare of land located in village/Government Forest Taluq.................District...........for prospecting/mining...........mineral/minerals.Enclosures:Place..........Date...........Signature and designationof Receiving Officer.Form XXIVModel Form[See Rule 21 (2) (a)](To be submitted in duplicate)Government of
| Received.................................. |
Application for Renewal of |
| at...................................(Place) |
Prospecting Licence |
| on...................................(Date) |
|
| Initial of Receiving Officer |
Dated...................................Dayof.................... 20.........
|
2. The required particulars are given below :-
(i)Name of the applicant with complete address.(ii)Is the applicant a private individual/private company/public company/firm or association?(iii)In case applicant is,-(a)an individual his nationality;(b)a company an attested copy of the certificate of registration of the company shall be enclosed.(c)firm or association the nationality of all the partners of the firm or members of the association.(iv)Profession or nature of business of applicant.(v)No. and date of the valid clearance certificate of payment of mining dues (copy enclosed).(vi)An affidavit that up-to-date income tax returns as prescribed under the Income Tax Act 1961 have been filed and the tax due including the tax on account of self-assessment has been paid.(a)Particulars of the prospecting licence of which renewal is desired.(b)Details of previous renewal/renewals granted if any.(viii)Reasons in detail for asking for renewal of prospecting licence along with a report on the prospecting already done.(ix)Period for which renewal of prospecting licence is desired.(x)Whether renewal is desired for the whole or part of the area held under prospecting licence.(xi)In case the renewal applied for is only for part of the area held under prospecting licence.(a)the area applied for renewal;(b)description of the area applied for renewal (description should be adequate for the purpose of demarcating the plot).(c)particulars of the map of area held under prospecting licence with area applied for renewal clearly marked on it attached.(a)Does the applicant continue to have his surface rights over the areas of the land for which he requires renewal of the prospecting licence?(b)If not has he obtained the consent of the owner and the occupier for undertaking prospecting operations? If so, the consent of the owner and occupier of the land obtained in writing be filed.(xiii)Particulars of the area mineral-wise in each State only supported by an affidavit for which the applicant or any person jointly in interest with him :-a. already holds under prospecting licence;b. has already applied for but not granted; orc. being applied for simultaneously.(xiiia)Any other particulars which the applicant may wish to furnish. I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details including accurate plans as may be required by you.Yours faithfully(Signature and designation of the applicant)Place ............Date.............N.B.- If the application is signed by an authorised agent of the applicant, Power of Attorney should be attached.Form XXVRegister of Applications for Prospecting Licences[See Rule 21 (2) (a)](ii)Date of application of P.L.(iii)Date on which application was received by the Receiving Officer.(iv)Name of the applicant with full address.(v)Situation and boundaries of the land applied for.(vi)Estimated area of the land.(vii)Particulars of the minerals which the applicant desired to prospect.(viii)Application fee paid.(x)Final disposal of the application together with number and date of the order.(xi)Signature of the Officer.Form XXVIRegister of Prospecting Licences[See Rule 21 (2) (a)]3. Residence with complete address of the licensee.
5. Date on which application was received by the Receiving Officer.
6. Situation and boundaries of the land.
7. The details of the area and the minerals in each State. State for which the applicant holds prospecting licence on the basis of information supplied by the licensee.
8. Total area for which licence granted.
9. (a) Number and date of grant of the licence.
(b)Date of execution of RL. agreement.10. The mineral or minerals for which prospecting licence has been granted.
11. Period for which granted.
12. Date and period of renewal.
13. Application fee paid.
14. Prospecting fee and royalty, if payable.
15. Amount of security deposit.
16. Particulars of disposal or refund of security deposit.
17. Date of application for mining lease (if any).
18. Date of assignment or transfer of licence, if any and the name and address of the assignee/transferee.
19. Date of expiry or relinquishment or cancellation of licence or grant of mining lease.
20. Date from which the area is available for re-grant.
21. Signature of the Officer.
Form XXVIIModel Form of Prospecting Licence[See Rule 21 (2) (a)]THIS INDENTURE made this..................day of 20 Between Governor of................/the President of India (hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include his successors and assigns) of the one part and.........When the licensee is an individual :........................(Name of person with Address and occupation) (hereinafter referred to as "the licensee" which expression shall, where the context so admits be deemed, to include his heirs, executors, administrators, representatives and permitted assigns).When the licensee are more than one individual :(Name of person with address)............occupation and........................(name of person with addresses and occupation (hereinafter referred to as "the licensees" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns).When the licensee is a registered firm :.................................(Name and address of partner) son of........................ of............... son of................. of................ son of...............of..............all carrying on business in partnership under the firm name and style of (name of the firm) registered under, the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at...................... in the town of................... (hereinafter referred to as "The licensees" which expression shall where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns).When the licensee is a registered company :......................(Name of company) a company registered under............... (Act under which incorporated) and having its registered office at................ (Address) (hereinafter is referred to as "the licensee" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the other part.WHEREAS the licensee/licensees has/have applied to the State Government accordance with the Madhya Pradesh Minor Mineral Rules, 1996 (hereinafter referred to as the said Rules) for a licence to prospect for.................. in the land specified in Schedule 'A' hereunder written and delineated in the plan herewith annexed (hereinafter referred to as the said lands) and has/have deposited with the State Government Rs........................... as the prescribed security in respect of such licence and has/have paid to the State Government the sum of Rs...........................as the prescribed prospecting fee for ............months/years in advance in respect of such licence and whereas there is no objection to the grant of such licence.Part-IIn consideration of the fee, royalties, covenants and agreements hereinafter reserved and contained and on the part of the licensee/licensees to be paid observed and performed the State Government hereby grants and demises into the licensee/ licensees the sole rights and licence.To enter upon the lands and to search for, win or carry away and dispose of minerals won(1)To enter upon the said lands and to search for by quarrying boring and digging or otherwise all or any (Name of minerals) lying or being within under or throughout the said lands :Provided that the licensees may win and carry away for purposes other than commercial purposes-(a)any quantity of such minerals exceeding such limits but not exceeding twice such limits, which is won during prospecting operations on payment of royalty for the time being specified in the Second Schedule to the Act in respect of those minerals;To clear undergrowth and brushwood etc.(2)Subject to the provisions of clauses 5 and 6 of Part II of these presents for the purpose aforesaid to clear undergrowth and brushwood and trees with the sanction of the Deputy Commissioner/Collector previously obtained in writing to make and use any drains or water courses on the said lands for purposes as may be necessary for effectually carrying on the prospecting operations and for the workmen employed thereon and with the like sanction to use any water provided always that such use shall not diminish or interfere with the supply of water to which any cultivated land, building or watering place, for livestock has heretofore been accustomed and streams, springs or well shall be fouled or polluted by any such use or the operations hereby licensed.To bring upon and erect machinery etc. on the said lands(3)To erect and bring upon the said lands all such temporary huts, sheds and structures steam sand other engine machinery and conveniences, chattels and effects as shall be proper and necessary for effectually carrying on the prospecting operations hereby licensed or for the workmen employment thereon.RESERVED nevertheless to the State Government full power and liberty at all times to enter into and upon and to grant or demise to any person or persons whomsoever liberty to enter into and upon the said lands for all or any purposes other than those for which sole rights and licence are hereby expressly conferred upon the licensee/licensees and particularly (and without hereby in any way qualifying such general power and liberty) to make on over or through the said lands such roads, tramways and ropeways shall be considered necessary or expedient for and purposes and to obtain from and out of the said lands such stone earth or other materials as may be necessary or requisites for making repairing or maintaining such roads, tramways, railways and ropeways to pass and repass at all times over and along such roads, tramways, railways and ropeways for all purpose and as occasion shall require.To hold the said right and licence into the licensee/licensees from the date of these presents for the term of (hereinafter referred to as the said term).Paying therefore annually in advance a sum of Rs............... being the prospecting fee for each year or portion of a year and immediately on the expiration of sooner determination of the said term clear of all fees, rates, taxes, charges, deductions and royalty at the rates specified in Schedule III hereunder written on the minerals won and carried away by the licensee/licensees during the said terms.Part-II Covenants by Licensee/LicenseesThe licensee/licensees hereby covenants/covenant with the State Government as follows :-Payment and rates of royalty(1)To pay royalty to the State Government at such rates and at such time as are specified in Schedule 111 hereunder written provided that the licensee/licensees shall be entitled to cam away free of royalty not more than........for experimental purposes.To Carry on work in workman-like manner(2)To work and carry on the operations hereby licensed in a fair orderly skilful and workman-like manner and with as little damage as may be to the surface of the lands and to trees, crops, buildings, structures and other property thereon. Maintenance of correct accounts(3)Licensee/Licensees shall maintain a correct and faithful account of all the expenses incurred by him/them on prospecting operations and also the quantity and other particulars of all minerals obtained during such operations and their despatch.No mining operations within 50 meters of public work etc.(4)The licensee/licensees shall not work or carry on or allow to be worked or carried on any prospecting operations at or to any points within a distance of 50 metres from any railway line except with the previous written permission of the Railway Administration concerned or from any reservoir, canal or other public works such as public roads and buildings or inhabited site except with the previous written permission of the Deputy Commissioner/Collector or any other Officer authorised by the State Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions either general or special which may be attached to such permission. The said distance of 50 metres shall be measured in the case of railway line, reservoir or canal horizontally from the outer toe of edge bank or the outer edge of the cutting as the case may be and in case of a building horizontally from the plinth thereof. In the case of village roads no working shall be carried on within a distance of 10 metres of the outer edge of the cutting except with the previous written permission of the Deputy Commissioner/Collector or any other Officer duly authorised by the State Government in this behalf otherwise than in accordance with such directions, restrictions and additions, cither general or special, which may be attached to such permission.Explanation. - For the purposes of this clause the expression "Railways Administration" shall have the same meaning as it is defined to have in the Indian Railways Act, 1890 by clause (6) of Section 3 of the Act. "Public Road" shall mean a road which has been constructed by artificially surfaced as distinct from a tract resulting from repeated use. Village road will include any track shown in the Revenue records a village road.Not to cut or injure trees in reserved forest etc. without previous permission(5)Not to cut or injure any timber or tree on any unoccupied or unreserved land without the written permission of the Deputy Commissioner/Collector nor without such permission disturb the surface of any road or enter upon any public pleasure ground burning or burial ground or any place held sacred by any claws or persons or interfere with any right of way, well or tank.(6)Not to enter upon any land in the occupation of any person without the consent of the occupier nor to cut or in any way injure any trees, standing crops, buildings huts, structures or other property of any kind of the occupier of any land or any other person without the written consent of such owner, occupier or person.Not to commence work in reserved forest without previous permission(7)Not to enter upon or commence prospecting in any protected or reserved forest situated upon the lands without obtaining the written sanction of the District Forest Officer nor otherwise than in accordance with such conditions as may be prescribed in such sanction.Indemnify Government against all claims(8)To make reasonable satisfaction and pay such compensation as may be assessed by lawful authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be done by him in exercise of the powers granted by this licence and to indemnify and keep indemnified fully and completely the State Government against all claims which may be by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therewith.(8A)To pay a wage not less than minimum wage prescribed by the Central or State Government from time to time.(8B)To comply with the provisions of the Mines Act, 1952.(8C)To take measures, at his own expense, for the protection of environment like planting of trees reclamation of mined land, use of pollution-control devices, and such other measures as may be prescribed by the Central or State Government from time to time.(8D)To pay compensation to the occupier of the surface of the land on the date and in the manner laid down in these rules.Forfeiture of security deposits etc.(9)Whenever the security deposit of Rs.............or any part thereof or any further sum hereafter deposited with tire State Government in replenishment thereof shall be forfeited or applied by the State/Central Government. Pursuant to the power hereinafter declared in that behalf the licensee/licensees shall forthwith deposit with the State Government such further sum as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the State Government such further sum as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the State Government upto sum of Rs............Licensee not to be Controlled by trust, syndicate etc.(10)The licensee/licensees shall not be controlled or permit himself/ themselves to be controlled by any trust, syndicate, corporation, firm or person except with the written consent of the State Government.Report of accident(11)The licensee/licensees shall without delay send to the Deputy Commissioner/Collector a report of any accident causing death or serious bodily injury or serious injury to property or seriously affecting or endangering life of property which may occur in the course of the operations under this licence.Section 18 of the Act 67 of 1957(12)The licensee/licensees shall be bound by such rules as may be issued by the Central Government under Section 18 of the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957) and shall not carry on prospecting or other operations under the said licence in any way other than as prescribed under these rules.To provide for weighing or measurement of material won(13)At such times and occasions as may be required the licensee/licensees shall well and truly measure or weigh or cause to be measured or weighed upon some part of the said lands all minerals from time to time won from said lands by the licensee/licensees and all such minerals as may require to be measured or weighed for the purpose of ascertaining the royalty payable under these presents shall be so measured or weighed. The licensee/licensees agrees/agree not to take away from the said lands any minerals so won until the same shall have been measured or weighed as the case may be, the licensee/licensees further agrees/agree to give..........days previous notice in writing to the Deputy Commissioner/Collector of every such measuring or weighing in order that he or some person on his behalf may be present thereat.Plugging of bore holes, fencing etc. and restoring the surface of land after determination of abandonment(14)Save in the case of land over which the licensee/licensees shall have been granted a mining lease, on or before the expiration or sooner determination of the licence, he shall within six months next after the expiration or sooner determination of the licence or date of abandonment of the undertaking, whichever shall first occur, securely plug any bore or hole and fill up or fence any holes or excavations that may have been made in the land to such an extent as may be required by the Deputy Commissioner/Collector concerned and shall to a like extent restore the surface of the land and all buildings thereon which may have been damaged or destroyed in the course of prospecting provided that licensee/licensees shall not be required to restore the surface of the land and all buildings thereon which may have been damaged or destroyed in the course of prospecting provided that licensee/licensees shall not be required to restore the surface of the land or any building in respect of which full and proper compensation has already been paid.Removal of machinery etc. after expiration determination of abandonment(15)Upon the expiration or sooner determination of this licence or the abandonment of the operations hereby licensed, whichever shall first occur, the licensee/licensees shall remove expeditiously as his/their own cost all building, structures, plant, engines machinery, implements, utensils and other property and effects therefore, erected or brought by the licensee/licensees and then standing or being upon the said lands and also all minerals theretofore won by the licensee/ licensees under the authority of these presents and then being upon the said lands PROVIDED that this covenant shall not apply to any part of the said lands which may be comprised in any mining lease granted to the licensee/licensees during the subsistence of this licence.Report of work done before the refund of security deposits(16)At any time before the said security deposit is returned to him/them or transferred to any other account or (within one month after the expiration or sooner determination of the licence or abandonment of the operations whichever is earlier, the licensee/licensees shall submit to the State Government confidentially a full report of the work done by him/them and disclose all information acquired by him/them in the course of the operations carried on under this licence regarding the geology and mineral resources of the area covered by the licence.Report of information obtained by Licensee(16A)(1) The licensee shall submit to State Government :(a)a quarterly report of the work done by him stating the number of persons engaged and disclosing in full the geological, geophysical or other valuable date collected by him during the period. The report shall be submitted within three months of the close of the period to which it relates :(b)within three months of the expiry of the licence or abandonment of operations or termination of the licence whichever is earlier a full report of the work done by him and all information relevant to mineral resources acquired by him in the course of prospecting operations in the area covered by the licence.(2)While submitting reports under clause (1) the licensee may specify that the whole or any part of the report or data submitted by him shall be kept confidential and the State Government shall thereupon keep the specified portions as confidential for a period of two years from the expiry of the licence or abandonment of operations or termination of the licence, whichever is earlier.Employment of foreign nationals(17)The licensee/licensees shall not employ, in connection with the prospecting operation any person who is not an Indian National except with the previous approval of the Central Government.Furnishing of Geophysical data(18)The licensee/licensees shall furnish :(a)all geophysical data relating to prospecting or engineering and ground water surveys, such as anomaly maps, sections, plans, structures, contour maps, logging, collected by him/them during the course of prospecting operations to the Director, Geology and Mining, Madhya Pradesh, Bhopal.(b)all information pertaining to investigations of radioactive minerals collected by him/them during the course of prospecting operations to the Secretary to the Department of Atomic Energy, New Delhi.Data or information referred to above shall be furnished every year reckoned from the date of commencement of the period of the prospecting licence.Part-III Powers of the GovernmentIt is hereby agreed as follows :-Cancellation of the licence and forfeiture of the deposit in case of breach of conditions(1)In the case of any breach of the condition of the licence/licences or his transferees or assignees, the State Government shall give a reasonable opportunity to the licensee/licensees of stating him/their case and where it is satisfied that the breach is such as cannot be remedied, on giving thirty days notice to the licensee/ licensees or his transferees or assignees, determine the licence and or forfeit the whole or any part of the said deposit of Rs...........deposited under the covenants in that behalf as the State Government may deem fit. In case the State Government considers the breach to be of a remediable nature, it shall give notice to the licensee/ licensees or his transferees or assignees as the case may be requiring him/them to remedy the breach within thirty days from the date of receipt of the notice informing him of the penalty proposed to be inflicted if such remedy is not made within such period.Application of security to payment of compensation(2)The State Government may from time to time appropriate and apply and said deposit of Rs..........or any part thereof or any further sum deposited under any covenants in that behalf hereinbefore contained in or towards payment or satisfaction of any claims to compensation which the Government has or may have against the licensee/licensees and/or which may be made by any person or persons against the licensee/licensees and or the State Government in respect of any damage or injury done by the licensee/licensees in exercise of any of the powers conferred by this licence and in or towards payment of any damages, costs or expenses which may become payable as the result of or in connection with any suits or proceedings which may be instituted against the State Government in respect of any such damage or injury and also in or towards payment of the expense of the carrying out or performance of any works or matters which the licensee/licensees shall fail to carry out or perform after the expiry or sooner determination of this licence or the abandonment of the operations hereby licensed in accordance with the covenants in that behalf hereinbefore contained or in payment or satisfaction of any such claims, damages, costs and expenses.When the properties of licensee are not removed from the lands in time(3)If any buildings, structures, plants, engines, machinery, implements, utensils or other property or effects or any minerals which ought to be removed by the licensee/licensees from the said lands, in accordance with the covenant in that behalf hereinbefore contained be not so removed within one calender month after notice in writing their removal shall have been given to the licensee/licensees by the State Government the same shall be deemed to become the property of the State Government and may be sold or disposed of for the benefit of the State Government in such manner as the State Government shall deem fit. Without any liability to pay any compensation to account to licensee/licensees in respect thereof.Licensee/licensees to pay for work done on his behalf(4)If any of the works or matters which in accordance with the covenants in that behalf hereinbefore contained are to be carried out or performed by the licensee/licensees, be not so carried out or performed within the time specified. In that behalf, the State Government may cause the same to be carried out or performed and the licensee/licensees shall pay the State Government on demand all expenses which shall be incurred in such carrying out or performance of the same.Right of pre-emption(5)(a)The State Government shall from time to time and at all times during the said term have the right (to be exercised by notice in writing to the licensee/licensees) of pre-emption of the said minerals (and/all products thereof) lying in or upon the said lands or elsewhere under the control of the licensee/licensees and the licensee/licensees shall with all possible expedition deliver all, minerals or products or minerals purchased by the State Government under the power conferred by this provision in the quantities at the time in the manner and at the place specified in the notice exercising the said right.(b)Should the right of pre-emption conferred by this present provision be exercised and a vessel chartered to carry the minerals or products thereof procured on behalf of the State Government or the Central Government be detained on demurrage at the port of loading, the licensee/licensees shall pay the amount due for demurrage according to the terms of the charter party of such vessel unless the State Government shall be satisfied that the delay issue to cause beyond the control of the licensee/licensees.(c)The price to be paid for all minerals or products of minerals taken in pre-emption by the State Government in exercise of the right hereby conferred shall be the fair market prevailing at the time of pre-emption. Provided that in order to assist in arriving at the said fair market price the licensee/licensees shall it so required furnish to the State Government for the confidential information of the Government, particulars of the quantities, descriptions and prices of the said minerals or products thereof sold to other customers and of charters entered into for freight for carriage of the two and shall produce such to officer or officers as may be directed by the State Government original or authenticated copies of contracts and charter parties entered into for the sale of freightage of such minerals or products.(d)In the event of the existence of a state of war or emergency (of which existence the President of India shall be the sole Judge and a notification to this effect in the Gazette of India shall be conclusive proof) the State Government with the consent of the Central Government shall from time to time and at all times during the said term have the right (to be exercised by a notice in writing to the licensee/licensees) forthwith take possession and control of the works, plant, machinery and premises of the licensee/ licensees on or in connection with the said lands or the operations under this license and during such possession or control, the licensee/licensees shall conform to and obey all directions given by or on behalf of the Central or State Government regarding the use of employment of such works, plants, premises and minerals. Provided that fair compensation, which shall be determined in default of agreement by the State Government shall be paid to the licensee/licensees for all loss or damage sustained by him/them by reason or in consequence of the exercise of the powers conferred by this clause and Provided also that the exercise of such power shall not determine the said term hereby granted or affect the terms and provisions of these presents further than may be necessary to give effect to the provisions of this clause.Part-IV Rights Of Licensee/licenseesIt is hereby further agreed as follows:-Transfer of license and fee payable(1)During the subsistence of this license or of any renewal thereof the licensee/licensees may, with the previous sanction of the State Government, transfer his/their license or any right, title or interest therein to a person who has filed an affidavit stating that he has filed up-to-date income tax returns, paid income tax assessed on him and paid the income tax on the basis of self-assessment as provided in the Income-Tax Act, 1961 (43 of 1961) on payment of a fee of five hundred rupees. Provided that the State Government shall not give its sanction unless-(i)the licensee has furnished an affidavit along with his application for transfer of the prospecting licence specifying therein the amount that he has already taken or propose to take as consideration from the transferee;(ii)the transfer of the prospecting licence is to be made to a person or body directly undertaking prospecting operations.Preferential right of the licensee/licensees for obtaining mining lease(2)On or before the determination of the licence the licensee/licensees shall have a preferential right for obtaining a mining lease in respect of whole or part of that land over any other person. Provided that the State Government is satisfied that the licensee/licensees has/have not committed any breach of the terms and conditions of the prospecting licence (has undertaken prospecting operations to establish mineral resources in such land) and is otherwise a fit person for being granted the mining lease.Refund of deposit(3)On such date within six calendar months after the determination of this licence or of any renewal thereof, as the State Government shall elect after compliance by the licensee/licensees of Rule 25 of M.P. Minor Mineral Rules, 1996 the amount then remaining in deposit with the State Government and not required to be applied to any of the purposes in Part 111 of these presents mentioned, shall be refunded to the licensee/licensees or if the licensee/licensees shall have obtained a mining lease over the said lands or any portion thereof, be retained at the credit of the licensee/licensees on account of the fees, rents and royalties to become payable under such lease. The amount shall in no case carry any interest whatsoever.Part-V General ProvisionsIt is lastly agreed as follows :-Acquisition of land and compensation thereof(1)If after the receipt of an offer of compensation for any damage which is likely to arise from the proposed operation of the licensee/licensees, the occupier of the surface of any part of the said lands shall refuse his consent to the exercise of the rights and powers reserved to the State Government and granted by this license, the licensee/licensees shall report the matter to the State Government and shall deposit with it the amount offered as compensation and if the State Government is satisfied that the amount of compensation is reasonable or if it is not so satisfied and the licensee/licensees shall have deposited with it such further amount as the State Government may consider reasonable, the State Government shall order the occupier to allow the licensee/licensees to enter upon the said land and carry out such operations as may be necessary for the purpose of the licence. In assessing the amount of such compensation the State Government shall be guided by the principles of the Land Acquisition Act.Delay in fulfillment of the term of licence due to force majeure(2)Failure on the part of the licensee/licensees to fulfil any of the terms and conditions of this licence shall not give the State Government any claim against him/them or be deemed a breach of the licence in so far as such failure is considered by the State Government to arise from force majeure. If the fiilfilment of the licensee/licensees of any of the terms and conditions of this licence be delay ed from the force majeure, the period of such delay shall be added to the period fixed by this licence.The expression force majeure means act of God, war, insurrection, riot, civil commotion, strike, tide, tidal wave, storm, flood, lightning, explosion, fire, earthquake and any other happening which the licensee/licensees could not reasonably prevent or control.Service of notices(3)Every notice required to be given to the licensee/licensees shall be given in writing to such person as the licensee/licensees may appoint for the purpose of receiving such notices or if no such appointment is made then the notice shall be sent to the licensee/licensees by registered post addressed to him/them at the address shown in his/their application for the licence or at such other address in India as he/ they designate from time to time and every such service shall be deemed to be proper and valid service upon the licensee/licensees and shall not be questioned or challenged by him.Discovery of new minerals(4)The licensee shall report to the State Government the discovery of any mineral not specified in the licence within a period of sixty days from the date of such discovery and shall not undertake any prospecting operations in respect of such mineral unless such mineral is included in the licence.(5)The licence deed is executed at the Capital of the State of..............(Name of the State) and subject to the provision of Article 226 of the Constitution of India it is hereby agreed upon by the licensee and the State Government that in the event of any dispute in relation to the area under prospecting licence condition of the licence deed and in respect of all matters touching the relationship of the licensee and the State Government, suits of petitions shall be filed in civil courts at.............(name of the city) and it is hereby expressly agreed that neither party shall file a suit or appeal or bring any actions at any place other than the courts named above.In witness whereof these presents have been executed in the manner hereunder appearing the day and year first above written.
A
The land covered by the licence(Here insert the description of lands with area, boundaries, Names of District, Sub-Division, Thana etc. and cadastral survey numbers, if any. In case a map is attached, refer the map in the description to be inserted.)
B
Prospecting Fee(Here specify the amount of the prospecting fee and the manner and time of payment)
C
Royalty1. Rates of royalty on minerals shall be in accordance with the Schedule-Ill of the Madhya Pradesh Minor Mineral Rules, 1996.
2. (a) Here insert the mode of arriving at sale prices at pits mouth of mineral/minerals.
(b)The manner and time of payment of royalty.Form XXVIII(To be submitted in Triplicate)Government ofReceived...................at ...............(Place)on ...............(Date)Initial of Receiving OfficerApplication for Quarry Lease(See Rule 21 (2)(a) of the M.P.Minor Mineral Rules, 1996)Dated the ............................Day of.......................20.......To,............................................ThroughSir,I/We request that a Quarry lease under the M.P. Minor Mineral Rules, 1996 may be granted to me/us.2. A sum of Rs being the fees in respect of this application payable under sub-rule (1) of Rule 10 of the said rules have been deposited (vide receipt challan No dated.....................of the State Bank of India/Treasury..............).
3. The required particulars are given below,-
(i)Name of the applicant with complete address.Status of the applicant;(ii)Is the applicant a private individual/co-operative/firm/association/ private company/public company/public sector undertaking/joint sector undertaking or any other.(iii)In case the applicant is-(a)An individual, his nationality, qualifications and experience relating to mining.(b)A company, an attested copy of the certificate of registration of the company shall be enclosed;(c)Firm or Association, the nationality of all the partners of the firm or members of the association; and(d)a co-operative, the nationality of non-Indian members, if any alongwith place of registration and a copy of the certificate of registration.(iv)Profession or nature of business of applicant.(v)Particulars of documents appended:
(a)Mining dues clearance certificate;Or(b)Affidavit in lieu of Mining Dues Clearance Certificate :subject to the production of mining lease dues, clearance certificate within the period of ninety days of making application;Or(c)Affidavit when not holding any mining lease.(d)Affidavit that up-to-date Income Tax Returns as prescribed under the Income Tax Act, 1961 and that the Tax due including the tax on account of self-assessment has been paid.(vi)Mineral or minerals which the applicant intends to mine.(vii)Period for which quarry lease is required.(viii)Extent of the area for which quarry lease is required.(ix)Details of the area in respect of which quarry lease is required.
| DistrictTaluqa |
Village |
Khasra |
PlotNo. |
AreaNo. |
Ownership-Occupancy |
2. The required particulars are given below:-
(i)Name of the applicant with complete address.(ii)Is the applicant a private individual/private company/public company/firm or association?(a)an individual, his nationality.(b)A company, an attested copy of the certificate of registration shall be enclosed.(c)A firm or association, the nationality of all the partners of the firm or members of the association.(iv)Profession or nature of business of applicant.(v)No. and date of the valid clearance certificate of payment of mining dues (copy enclosed).(vi)an affidavit, that up-to-date Income Tax returns, as prescribed under the Income Tax Act, 1961 have been filed and the tax due including the tax on account of self-assessment has been paid.(a)Particulars of the lease of which renewal is desired.(b)Detail of previous renewal granted if any.(viii)Period for which renewal of lease is required.(ix)Whether renewal applied for the whole or part of the leasehold.(a)Does the applicant continue to have surface rights over the area of the land for which he requires renewal of the mining lease.(b)If not, has he obtained the consent of the owner and occupier for undertaking mining operations. If so, the consent of the owner and occupier of the land obtained in writing be filed.(xA)Particulars of the areas mineral-wise in each State duly supported by affidavit for which the applicant or any person joint in interest with him-(a)already holds under mining lease;(b)has already applied for but not granted; or(c)being applied for simultaneously.(xB)a mining plan which shall include-(a)the plan of the area showing the nature and extent of the mineral body spot or spots where the excavation is to be done in the first year and its extent a detailed cross-section and detailed plan of spots) of excavation based on prospecting data gathered by the applicant, a tentative scheme of mining for the first five years of the lease;(b)the details of geology and lithology of the area, the extent of manual mining and through machines;(c)annual programme and plan for excavation for five years; and(d)the plan of the area showing natural water courses; limit of reserved and other forest areas and density of trees, assessment of impact of mining activity of Forest, Land surface and Environment including air and water pollution, and details of the scheme for afforestation, land reclamation, use of pollution control devices.(xC)Is the mineral going to be used in his own industry? If so, give full details.(xi)In case the renewal applied for is only for part of the lease hold;(a)the area applied for renewal;(b)description of the area applied for renewal (description should be adequate for the purpose of demarcating the plot);(c)particulars of map of the leasehold with area applied for renewal clearly marked on it (attached);(d)particulars of existing or created dumps of ore, if any.(xii)Means by which the mineral is to be raised, i.e., by hand, labour or mechanical or electric power.(xiii)Manner in which the mineral raised is to be utilised:(a)for manufacture in India.(b)for exports of foreign countries;(c)in the former case the industries in connection with which it is required should be specified. In the latter case, the countries to which the mineral will be exported and whether the mineral is to be exported after processing or in raw form should be stated.(xiv)Details of output during the last three years and phased programme for production during the next three years along with a layout plan for development, if any.(xv)In case of coal, details of existing railway transport facility available and additional transport facility, if any required.(xvi)Any other particulars which the applicant wishes to furnish.I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details, including accurate plans as required by you before the grant of renewal of the lease.Place :Date :Yours faithfullySignature and designation of the applicant.N.B. - If the application is signed by an authorised agent of the applicant. Power Attorney should be attached.Form XXXModel Form for Transfer of Prospecting Licence[See Rule 21 (2) (a)]When the transferor is an individual..........................This indenture made this.................day of..............20 between........................(Name of the person with address and occupation) (hereinafter referred to as the "transferor" which expression shall, where the context so admits, be deemed to include his heirs, executors, administrators, representatives and permitted assigns).When the transferees are more than one individual.......................(Name of persons with address and occupation) and ....................................(Name of persons with address and occupation) (hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and their permitted assigns).When the transferor is a registered firm................(Name of the person with address of all the partners) all earning on business in partnership under the firm name and style of.....................(Name of the firm) registered under the Indian Partnership Act. 1932 (9 of 1932) and having their registered office at..............(hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns).When the transferor is a registered company...................(Name of the Company) a company registered under ............................(Act under which incorporated) and having its registered office at (Address) (hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the first part.ANDWhen the transferee is an individual ...................(Name of the person with address and occupation) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns).When the transferees are more than one individual ......................(Name of the person with address and occupation) and .....................(Name of person with address and occupation) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and permitted assigns).When the transferee is a registered firm (Name and address of all the partners) all carrying on business in partnership under the firm name and style of (Name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at (hereinafter referred to as the "transferee" which expression where the context so admits be deemed to include all the said partners their respective heirs, executors, legal representatives and permitted assigns).When the transferee is a registered company....................(Name of the Company) a company registered under...................(Act under which incorporated) and having its registered office at (Address) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the second part.ANDThe Governor of......................(hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include the successors and assigns) of the third part.Whereas by virtue of an indenture of licence dated the .................. and registered as No on ................ (date) in the office of the Sub-Registrar of.........(place) (hereinafter referred to as licensor) the original whereof is attached hereto and marked 'A' entered into between the State Government (therein called the licensor) and the transferor (therein called the licensee), the transferor is entitled to search for the minerals in respect of..............(Name of mineral(s) in the lands described in the schedule thereto and also in schedule annexed hereto for the term and subject to the payment of prospecting and other fees and royalties and observance and performance of the licensee's covenant and conditions in the said deed of licence reserved and contained including a covenant not to assign the , license or any interest thereunder without the previous sanction of the State Government.And whereas the transferor is now desirous of transferring and assigning the licence to the transferee and the State Government has at the request of the transferor granted permission to the transferor vide order No.........................dated............to such a transfer and assignment of the licence upon the condition of the transferee entering into an agreement in and containing the terms and conditions hereinafter set forth.Now this Deed Witnesscth as follows:-1. The transferee hereby covenants with the State Government that from and after the transfer and assignment of the licence, the transferee shall be bound by, and be liable to perform, observe and conform and be subject to all the provisions of all the covenants, stipulations and conditions contained in said hereinafter recited licence in the same manner in all respects as if the licence had been granted to the transferee as the licensee thereunder and he had originally executed it as such.
2. It is further hereby agreed and declared by the transferor of the one part and the transferee of the other part that-
(i)the transferor and the transferee declare that they have ensured that the mineral rights over the area for which the prospecting licence is being transferred vest in the State Government;(ii)the transferor hereby declares that he has not assigned sublet mortgaged or in any other manner transferred the prospecting licence now being transferred and that no other person or persons has any right, title or interest where under in the present prospecting licence being transferred;(iii)the transferor further declares that he has not entered into or made any agreement contract or understanding whereby he has been or is being directly or indirectly financed to a substantial extent by or under which the transferor's operation or understanding were or are being substantially controlled by any person or body or persons other than the transferor;(iv)the transferee hereby declares that he has accepted all the conditions and liabilities which the transferor was having in respect of such prospecting licence;(v)the transferee further declares that he is financially capable of and will directly undertake prospecting operations;(vi)the transferee further declares that he has filed an affidavit stating that he has filed up-to-date income tax returns paid the income tax assessed on him and paid the income tax on the basis of self-assessment as provided in the Income Tax Act, 1961 (43 of 1961);(vii)the transferor has supplied to the transferee the original/certified copies of all plans of exploration and abandoned pits in the area and in a belt of 65 meters wide surrounding it;(viii)the transferee hereby further declares that as a consequence of this transfer the total area held by him under mineral concessions are not in contravention of Section 6 of the Mines and Minerals (Development Regulation) Act, 1957 (67 of 1957);(ix)The transferor has paid all the prospecting and other fees royalties and other dues towards Government till the date in respect of this licence.In witness whereof the parties hereto have signed on the date and year first above written.
Schedule 11
Location and area of the licenceAll that tract of lands situated at (Description of areas)....................in (Pargana) in ............... the District ..............Sub-District................Thana................bearing Cadestral Survey Nos...............containing an area of............ or thereabout delineated on the plan hereto annexed and thereon coloured..............and bounded as follows:-On The North ByOn The South ByOn The East ByAndOn The West BySigned byFor and on behalf of the State Government in presence of2.
Signature of transferor in the presence of witnesses2.
Signature of transfereein the presence of
