.- [(1)] [ Rule 29 renumbered as sub-Rule (1) thereof by G.S.R. 1332, dated 28.11.1974.] The lessee shall not determine the lease except after notice in writing of not less than twelve calendar months to the State Government or to such officer, or authority as the State Government may specify in this behalf:[Provided that where a lessee holding a mining lease for a group of minerals applies for the surrender of any mineral from the lease on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer economical to work the mineral, the State Government may permit the lessee to surrender that mineral, subject to the following conditions, namely:-(a)the lessee applies for such surrender of mineral at least six months before the intended date of surrender; and(b)the lessee gives an undertaking that he will not cause any hindrance in the working of the mineral so surrendered by an other person who is subsequently granted a mining lease in respect of that mineral:][Provided further that where a lessee applies for the surrender of the whole or a part of leasehold area on the ground that such area is barren or the deposits of minerals have since exhausted or depleted to such an extent that it is no longer economical to work in such area, the State Government shall permit the lessee, from the date of receipt of the application, to surrender that area if the following conditions are satisfied, namely:-(a)the leasehold area to be surrendered has been properly surveyed and is contiguous,(b)the lessee has paid all the dues payable to the Government under the lease up to the date of application, and](c)[ the lessee has obtained a certificate under rule 29-A:] [ Inserted by G.S.R. 329(E), dated 10.4.2003 (w.e.f. 10.4.2003). Earlier, it was omitted by G.S.R. 129(E), dated 20.2.1991.][Provided also that surrender of the lease area by the lessee shall be permitted only thrice during the period of the lease on fulfilling the conditions-(i)that at least a period of five years has elapsed since the last surrender; and(ii)that the provisions of the mining plan including the environment management plan thereof have been complied with.](2)[ Every application for the surrender of a part of leasehold area in accordance with the provisions of sub-rule (1), shall be accompanied by a deposit of two hundred rupees for meeting the expenditure for the purpose of survey and demarcation of the area to be surrendered:Provided that the lessee shall deposit such further amount, not exceeding two hundred rupees, as may be demanded by the State Government for meeting any additional expenditure for the said purpose within one month from the date of demand of such deposit:Provided further that where the whole or any part of the amount deposited has not been expended, it shall be refunded to the lessee] [ Inserted by G.S.R. 1332, dated 28.11.1974.] [within two months from the date of the completion of the work of survey and demarcation of the area to be surrendered.] [ Inserted by G.S.R. 952, dated 2.7.1977.](3)[ Upon the issuance of the order by the Regional Controller of Mines or the officer authorised by the State Government in this behalf, as the case may be, under sub-rule (6) of rule 23-F of Mineral Conservation and Development Rules, 1988, for forfeiting the sum assured, on non-performance of the measures contained in the approved Mine Closure Plan referred to in sub-rule (1) of rule 23-A of Mineral Conservation and Development Rules, 1988 by the lessee, it shall be the responsibility of State Government to realise any letter of credit or bond or any other surety, guarantee provided or obtained as financial assurance for the purpose of performance of protective, reclamation and rehabilitation measures as contained in the approved Mine Closure Plan and shall carry out such measures either by itself, or appoint an agent to do so.] [ Inserted by G.S.R. 329(E), dated 10.4.2003 (w.e.f. 10.4.2003). Earlier, it was omitted by G.S.R. 6(E), dated 7.1.1993.][29-A. Provision for closure [ Inserted by G.S.R. 329(E), dated 10.4.2003 (w.e.f. 10.4.2003).].-(1) The lessee shall not determine the lease or part thereof unless a final Mine Closure Plan duly approved by the Regional Controller or the officer authorised by the State Government in this behalf, as the case may be, is implemented as per the approval.(2)For the purposes of sub-rule (1), the lessee shall be required to obtain a certificate from the Regional Controller of Mines or officer authorised by the State Government in this behalf, as the case may be, to the effect that protective, reclamation and rehabilitation work in accordance with the approved Mine Closure Plan or with such modifications as approved by the competent authority have been carried out by the lessee.] [ Inserted by G.S.R. 129(E), dated 20.2.1991.]
