Section 17 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
17. Renewal of lease.
(1)A mining lease, originally granted under rule 9, may be renewed only once over and above the original lease period, for such period as considered appropriate but not exceeding ten years on expiry of the original lease period, subject to strict compliance of the terms and conditions of the grant, lease agreement and other approvals or permission for mining granted by Central or State agencies;(2)The lessee shall submit application for renewal of mining lease twenty four months before the date of expiry of lease period in the prescribed Form ML/6 to the Director giving complete details of the mineral excavated, royalty paid, mineral reserves available, details of explorations undertaken, if any, along with the details of the areas reclaimed or restored, the sites of overburden, restoration works undertaken etc. The details regarding compliance of other statutory requirements such as environmental clearance, safety provisions as per Mines Act,1952 and the rules and regulations framed thereunder etc. shall also be provided;(3)No application for renewal of a mining lease shall be considered in a case where the lessee has been found to be indulging in any violation of the conditions of original lease grant or has been penalised or held accountable for such violations;(4)Every application for renewal of a mining lease shall be accompanied with a non-refundable fee of Rs. 1,000/- per hectare or part thereof, subject to a minimum of Rs. 1,00,000/-. Besides, the application shall be accompanied with the following supporting documents:-(i)a valid clearance certificate for payment of mining dues on all accounts (such as royalty or dead rent or contract money or the Fund, and the surface rent payable to the landowners under the Act or the rules made thereunder, in respect of the original mining lease or any other mineral concession held by him in the State from the Director or an authorised officer;(ii)in case of a firm or a company or association of persons, a valid clearance certificate shall have to be submitted in respect of the firm, company or association of persons as well as the other firms in which partners in the applicant firm are partners or directors:Provided that the grant of a clearance certificate shall not discharge the holder(s) of such certificate from the liability to pay the mining dues which may subsequently be found to be payable by such applicant under the Act or rules made thereunder.(iii)where any injunction has been granted by a court of law or any other competent authority, staying the recovery of any such outstanding mining dues or income tax, non-payment thereof shall not be treated as a disqualification for the purpose of renewing the said mining lease;(iv)a declaration stating that the applicant has filed up-to-date income-tax returns, paid the income-tax assessed on him, or on the basis of self-assessment, as provided in the Income Tax Act, 1961 on the project.(5)The Director or an officer authorised by him, shall issue notice within thirty days from the date of receipt of application to make up the deficiencies in the application, if any, or for furnishing any additional information as may be required by the Director or the officer authorised by him, requiring the applicant(s) to supply the requisite information within a period of thirty days from the date of issue of such notice. In case the said information is not furnished within such specified period, the application shall be decided on the basis of information already submitted along with application;(6)The renewal of a lease shall be considered only in cases where the lease has been granted after the commencement of these rules.
