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State of Rajasthan - Section

Section 17 in The Rajasthan Minor Mineral Concession Rules, 1986

17. Renewal of Mining Lease.

(1)On an application being made in this behalf and where such application is found complete in all respect, the competent authority shall renew the mining lease for a [period not exceeding 30 years] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012] and where the competent authority is satisfied that mines have been worked properly and that substantial investment in machinery and equipment have been made by the lessee, the competent authority may further grant subsequent renewals each for a period [up to [30] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994]] years [subject to the condition that total period of the lease shall not exceed [90 years.] [Added by Rajasthan Gazette Extraordinary dated 21/02/1992]][Provided that the mining lease for mineral bajri shall not be renewed.] [Substituted by Rajasthan Gazette Extra Ordinary dated 25/05/2012]Provided further that where the lease is so renewed the dead rent shall be revisable after every five years from the date of renewal according to the formula given under rule 18 (3) for revision of dead rent.Provided further that the competent authority while granting the renewal of mining lease [may reduce] [Substituted by Government Notification dated 12/07/2013] the area of the lease so that the area sanctioned to the lessee shall in no case exceed 10 sq. Kms. [***] [Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994][Provided also that where lessee applies for renewal after reducing the original area in more than one blocks, in such cases renewal of reduced area in more than one block may be allowed subject to condition that every block to be renewed shall not be less than the prescribed size.] [Added by Rajasthan Gazette Extraordinary dated 28/01/2011]
(2)[ where the application for renewal has been received after the period prescribed in rule 8(2), it shall be entertained on the payment of the following penalties:
[Period of delay Amount of penalty
(a) Up to one month 1% of the existing annual dead rent subject to aminimum of Rs.500.00
(b) Up to two months 2% of the existing annual dead rent subject to aminimum of Rs.1000.00
(c) Up to three months 3% of the existing annual dead rent subject to aminimum of Rs. 1500.00
(d) Up to 6 months 10% of the existing annual dead rent subject toa minimum of Rs 3000.00
(e) More than 6 months but before expiry of lease 25% of the existing annual dead rent subject toa minimum of Rs. 10000.00]
[Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994]
(3)Notwithstanding anything contained in the instrument of the mining lease, if the application for renewal has not been disposed of before the expiry of the lease it shall be deemed to have been extended by a further period till the competent authority passes order thereon. The dead rent [after expiry of lease period shall be as per the revised dead rent referred to in sub rule (3) of rule 18.] [Deleted by Rajasthan Gazette Extraordinary dated 12/08/1994]][Provided that after 31.12.2013, during the extended period, no mining operation shall be carried out or allowed to be carried out by the lessee till the lease is renewed.] [Added by Rajasthan Gazette Extra Ordinary dated 09/10/2012]
(4)
(a)In case of renewal of mining lease after the expiry of the lease period, the dead rent from date of expiry of the previous lease to the date of execution of the renewed lease deed shall be as per the sanction of renewal.
(b)In case of revocation of the sanction for renewal on failure of execution of the lease agreement by the lessee, the dead rent as per sanction for the renewal be charged from the date of expiry of the previous lease to the date of taking over possession.
(5)[ The competent authority may, while granting renewal of a mining lease, impose conditions relating to mechanization, development of mines and establishment of mineral based industry after obtaining prior approval of the Government by a general or specific order.] [Substituted by Rajasthan Gazette Extraordinary dated 30/03/1995]