Section 10 in Atomic Minerals Concession Rules, 2016
10. Conditions.
(1)Every mining lease granted by the State Government shall be subject to the following conditions, namely: -(a)the lessee shall at all times comply with the provisions of the Act, the rules and all other applicable laws, including the Atomic Energy Act, 1962 (33 of 1962);(b)the lessee shall report in writing to the State Government and the Department, the discovery in the leased area of any mineral not specified in the lease, within sixty days of such discovery;(c)if any mineral not specified in the lease is discovered in the leased area, the lessee shall not win and dispose of such mineral unless such mineral is included in the lease or a separate lease is obtained therefor;(d)the lessee shall pay, for every year, except the first year of the lease, such yearly dead rent at the rates specified in the Third Schedule to the Act and if the lease permits the working of more than one mineral in the same area, the State Government shall not charge separate dead rent in respect of each mineral:Provided that the lessee shall be liable to pay -(i)the aggregate of royalty in respect of all minerals; or(ii)the dead rent for the highest value mineral, whichever is higher;(e)the lessee shall also pay, for the surface area used by him for the purposes of mining operations, surface rent and water rate at such rate, not exceeding the land revenue, water and cesses assessable on the land, as may be specified by the State Government in the lease;(f)the lessee shall commence mining operations within two years from the date of execution of mining lease deed and shall thereafter conduct such operations in a proper, skilful and workman-like manner.Explanation. - For the purposes of this clause, "mining operations" shall include the erection of machinery, laying of a tramway or construction of a road in connection with the working of the mine;(g)subject to the provisions of the Act, the rules and any other applicable law, the lessee shall, with respect to the land leased to him, have the right for the purpose of mining operations on that land -(i)to work in the mines and conduct mining operations;(ii)to sink pits and shafts and construct buildings and roads;(iii)to erect plant and machinery;(iv)to quarry and obtain building and road materials and make bricks;(v)to use water and take timber;(vi)to use land for stacking purpose;(vii)to do any other thing specified in the lease;(h)the lessee shall at his own expenses erect and at all times maintain and keep in good repair boundary marks and pillars necessary to indicate the demarcation shown in the mining plan annexed to the lease;(i)the lessee shall construct and upkeep the boundary pillars as follows:-(A)each corner of the lease area shall have a boundary pillar (corner pillar);(B)there shall be erected intermediate boundary pillars between the corner pillars in such a way that each pillar is visible from the adjacent pillar located on either side of it;(C)the distance between two adjacent pillars shall not be more than fifty metres;(D)the pillars shall be of square pyramid frustum shaped above the surface and cuboid shaped below the surface;(E)each pillar shall be of reinforced cement concrete;(F)the corner pillars shall have a base of 0.30m X 0.30m and height of 1.30m of which 0.70m shall be above ground level and 0.60m below the ground;(G)the intermediate pillars shall have a base of 0.25m X 0.25m and height of 1.0m of which 0.70m shall be above ground level and 0.30m below the ground;(H)all the pillars shall be painted in yellow colour and the top ten centimetres in red colour by enamel paint and shall be grouted with cement concrete;(I)shall mark on all corner pillars, distance and bearing to the forward and backward pillars and latitude and longitude;(J)each pillar shall have serial number in a clockwise direction and the number shall be engraved on the pillars;(K)the number of pillar shall be the number of the individual pillar upon the total number of pillars in the lease;(L)the tip of all the corner boundary pillars shall be a square of fifteen centimetres on which a permanent circle of ten centimetres diameter shall be drawn by paint or engraved and the actual boundary point shall be intersection of two diameters drawn at ninety degrees;(M)the lease boundary survey shall be accurate within such limits of error as the Director of the Directorate may specify in this behalf;(N)the location and number of the pillars shall also be shown in the surface and other plans maintained by the lessee; and(O)in case of forest area within the lease, the size and construction and colour of the boundary pillars shall be as per the norms specified by the Forest Department of the State Government in this behalf;(j)the lessee shall not carry on, or allow to be carried on, any mining operations at any point within a distance of fifty metres from any railway line, except under and in accordance with the written permission of the railway administration concerned, or under or beneath any ropeway or ropeway trestle or station, except under and in accordance with the written permission of the authority owning the ropeway, or from any reservoir, canal or other public works, or buildings, except under and in accordance with the prior permission of the State Government.Explanation. - For the purposes of this clause the distance of fifty metres shall be measured in the case of railway, reservoir or canal, horizontally from the outer toe of the bank or the outer edge of the cutting, as the case may be, and in case of a building, horizontally from the plinth thereof;(k)the lessee shall not, in the case of village roads, including any track shown in the revenue record as village road, allow any working to be carried on within a distance of ten metres of the outer edge of the cutting except with the prior permission of the Deputy Commissioner or Collector or any other officer duly authorised by the State Government in this behalf and otherwise than in accordance with such directions, restrictions and additions, either general or special, which may be attached to such permission;(l)the lessee shall keep accurate and faithful accounts showing the quantity and other particulars of all minerals obtained and dispatched from the mine, the number and nationality of persons employed therein, and complete plans of the mine, and shall allow any officer authorised by the Department or the Directorate or the State Government in this behalf to examine at any time any account, plan and record maintained by him and shall furnish to the Central Government or the State Government with such information and returns as it or any officer authorised by it in this behalf may require:Provided that in the case of minerals containing prescribed substances such information and returns shall be furnished only to the Director of the Directorate;(m)the lessee shall keep accurate records of all trenches, pits and drillings made by him in the course of mining operations carried on by him under the lease, and shall allow any officer authorised by the Central Government or the State Government to inspect the same and such records shall contain the following particulars, namely. -(i)the subsoil and strata through which such trenches, pits or drillings pass;(ii)any mineral encountered;(iii)such other particulars as the Central Government or the State Government may from time to time require;(n)the lessee 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 or any other public works or buildings;(o)the lessee shall allow any officer authorised by the Central Government or the State Government to enter upon any building, excavation or land comprised in the lease for the purpose of inspecting the same;(p)whenever mining is undertaken for beach sand mineral deposits or heavy mineral deposits available at inland teris or areas containing atomic mineral in association with other minerals, the lessee shall maintain the records and details of the list of minerals mined, details of mining methodology and storage location of these minerals within the mining lease area, tonnage of such minerals, the mineralogy, complete material balance towards conservation of such minerals with respect to in situ mineral contents.Provided that in case of beach sand minerals, the preferential separation of one or more of the heavy minerals of commercial interest from beach sand minerals would invariably result in enhancement of the relative content of other minerals and atomic minerals including monazite in the left-over beach sands and the lessee shall - (i) also maintain the details of quantity of waste and tailings generated during mining and mineral beneficiation activities; (ii) the storage location shall be clearly maintained in the plans and registers; (iii) the lessee shall not transfer or sell or dispose such materials without the prior approval of the Department regarding conservation of atomic minerals and the directives issued by the Board regarding radiological safety;(q)the lessee shall, in the matter of employment, give preference to the tribals and to the persons who become displaced because of the taking up of mining operations;(r)the lessee shall pay to the occupier of the surface of the land such compensation as may become payable under these rules;(s)the State Government or any lessee or person authorised by it in that behalf by the State Government shall have the right to -(i)enter into and upon the leased land and to construct upon, over or through the same, any railways, tramways, roadways or pipelines for any purpose authorised by the State Government and to get from the said lands, stones, gravel, earth and other materials for making, maintaining and repairing such railways, tramways, roads or any existing railways and roads; and(ii)to pass over or along any such railways, tramways, road lines and other ways, at all times, with or without horses, cattle or other animals, carts, wagons, carriages, locomotives or other vehicles for all purposes:Provided that in the exercise of such liberty and power by such other lessee or person authorised by the State Government, no substantial hindrance or interference shall be caused to or with the liberties, powers and privileges of the lessee 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 for all loss or damage substantial hindrance or interference caused to the lessee by such other lessee or person authorised by the State Government;(t)the lessee shall also comply with the provisions of any other rules made under section 11B.(2)A mining lease may contain such other conditions as the State Government may deem necessary in respect of the following, namely:-(a)the time-limit, mode and place of payment of rents and royalties;(b)the compensation for damage to the land covered by the lease;(c)the felling of trees;(d)the restriction of surface operations in any area prohibited by any authority;(e)the notice by lessee for surface occupation;(f)the provision of proper weighing machines;(g)the entering and working in a reserved or protected forest;(h)the securing of pits and shafts;(i)the reporting of accidents;(j)the indemnity to Government against claims of third parties;(k)the delivery of possession of lands and mines on the surrender, expiration or determination of the lease;(l)the time limit for removal of mineral, ore, plant, machinery and other properties from the lease hold area after expiration, or sooner termination or surrender or abandonment of the mining lease;(m)the forfeiture of property left after termination of lease;(n)the power to take possession of plant, machinery, premises and mines in the event of war or emergency;(o)filing of civil suits or petitions relating to disputes arising out of the area under lease.(3)The State Government may, either with the prior approval of the Department or at the instance of the Department, impose such further conditions as may be necessary in the interests of development of atomic minerals or areas containing atomic minerals in association with other minerals.(4)If the lessee does not allow entry or inspection under clauses (l), (m), or (o) of Sub-rule (1), the State Government shall give notice in writing to the lessee requiring him to show cause within such time as may be specified in the notice why the lease should not be terminated and if the lessee fails to show cause within the aforesaid time to the satisfaction of the State Government, the State Government may terminate the lease with due permission from the Department.(5)If the lessee holding a mining lease is convicted of illegal mining and there are no interim orders of any court of law suspending the operation of the order of such conviction in an appeal pending against such conviction in any court of law, the State Government may, without prejudice to any other proceedings that may be taken under the Act or the rules framed thereunder, after giving such lessee an opportunity of being heard and for reasons to be recorded in writing and communicated to the lessee, may opt for termination of the lease with due permission from the Department.(6)If the lessee makes any default in the payment of royalty as required by section 9 or payment of dead rent as required by section 9A or payment of monies as required by section 9B or section 9C or commits a breach of any of the conditions specified in these rules, the State Government shall give notice to the lessee requiring him to pay the royalty or dead rent or remedy the breach, as the case may be, within sixty days from the date of the receipt of the notice and if the royalty or dead rent is not paid or the breach is not remedied within the said period, the State Government may, with prior permission from the Department, without prejudice to any other proceedings that may be taken against him, terminate the lease and forfeit the whole or part of the performance security.
