Section 12 in Andhra Pradesh Minor Mineral Concession Rules, 1966
12. Grant of lease.
- [(1) A Quarry lease for any minor mineral except Granite useful for cutting and polishing, Marble and the 31 minerals mentioned at Sl.Nos.18 to 48 in Schedule-I of Rule 10, shall be granted subject to the provisions sub-rules (2) and (3) of Rule 10 by Deputy Director on an application in Form-B made through the Assistant Director of Mines & Geology, concerned. Each application shall be accompanied by a sketch drawn to the scale demarcating the boundaries duly signed by the applicant and by a qualified Surveyor. Every application shall be accompanied by treasury or bank challan of Rs.5,000/- (Rupees Five thousand only) towards non-refundable application fee and a deposit of Rs. 10,000/- (Rupees Ten thousand only) for every hectare or part thereof by a treasury challan in a Head of Account notified by the Director for this purpose. The Deposit amount shall be refundable when the application is rejected on technical grounds like non-availability of area, rejection of No Objection Certificates (NOC).The deposit amount shall be forfeited when the applicant fails to attend Survey and Inspection, withdrawal of the application by the applicant, non execution of the lease and for any other lapse on the part of the applicant. Provided that the Andhra Pradesh Mineral Development Corporation Limited is exempted from payment of deposit.] [Substituted by Notification No. G.O. Ms. No. 129, Industries & Commerce (Mines-II) Department, dated 16.11.2018.](2)Whenever more than one application are received for grant of a quarry lease [for minor minerals [except sand, granite useful for cutting and polishing and marble] [Inserted by G.O.Ms.No. 315, I & C, date 2-8-1994.] and also the minerals specified under [items at Sl.No. 1 to 3(a)] [Substituted for 'items 1(a) and (b)' by G.O.Ms.No. 2, I&C (MI) Department, date 2-1-2004.] under Schedule-I to Rule 10] the [Deputy Director] [Substituted by G.O.Ms.No. 161, I & C, date 24-3-1980.] shall dispose of the applications in order of preference specified below: -(i)Applications of Government Department and Government Corporations and Companies ;(ii)Applications of Labour Contract Co-operative Societies ;(iii)Applications of unemployed persons who possess any recognised qualification in Geology, Geophysics, or Mining Engineering or any other allied subjects ;(iv)Other applications ;[Provided that the above priorities shall prevail if the subsequent applications are received within 7 (Seven) days of the receipt of the first application, otherwise the applications shall be disposed off in the order of their receipt.] [Inserted by G.O.Ms.No. 2, I&C (MI) Department, date 2-1-2004.]Provided [further] [Substituted for 'further' by G.O.Ms.No. 2, I&C (MI) Department, date 2-1-2004.] that in cases falling under any of the categories (i) to (iii) above, the grant of lease shall be subject to the condition that lessee shall work the quarry directly and shall not hand it over to any other party for working :Provided [also] [Substituted for 'further' by G.O.Ms.No. 2, I&C (MI) Department, date 2-1-2004.] that the Deputy Director may refuse to accord preference to the application of a Labour Contract Co-operative Society, if he finds that the particular Society does not work properly in the interest of the workers concerned :Provided also that whenever more than one application falling under any of the categories (i) to (iii) above are received for grant of a quarry lease and have to be considered under the order of preference prescribed above, [Deputy Director] [Substituted by G.O.Ms.No. 161, I & C, date 24-3-1980.] shall refer matter to Government with his recommendation for a direction :Provided also that whenever more than one application falling under category (iv) above are received for grant of a quarry lease and have to be considered in the order of preference specified above, such preference shall be given to the applications according to the date of their receipt, unless the Government, for special reasons, otherwise direct and in case of applications received on the same day, the [Deputy Director] [Substituted by G.O.Ms.No. 161, I & C, date 24-3-1980.] after taking into consideration the particulars furnished in the applications, may grant the lease to any deserving applicant ; or he may, will the previous approval of the Director, grant a quarry lease to an applicant whose application was received later in preference to an earlier application for any special reason to be recorded in writing.[(2-A) Notwithstanding the order of preference contained in sub-rule (2), the landholders (Pattadars) owning land not exceeding 2.024 Hectares or 5 Acres shall be given preference for grant of small scale quarry lease in their patta lands:] [Inserted by G.O.Ms.No. 552, I & C, date 21-10-1986.](3)[ The quarry lease applications for minor minerals under [items at at Sl.No. 1 to 3(a)] [Substituted by G.O.Ms.No. 110, I & C, date 9-3-1992, Pub. in AP Gaz. No. 12, date 26-3- 1992-Rules Sup. to Pt. I Ext.] of Schedule-I to Rule 10 shall be disposed of by the Deputy Director in order specified below: -(1)Applications of Societies of Professional/(local) Traditional stone cutters (waddaras).(2)Crusher owners who do not have quarries.(3)Unemployed youth holding Geology degree, and businessmen who propose to set up crushers.(4)Others:[Provided that the above priorities shall prevail if the subsequent applications are received within 7 (Seven) days of the receipt of the first application, otherwise the applications shall be disposed off in the order of their receipt.] [Inserted by G.O.Ms.No. 2, I&C (MI) Department, date 2-1-2004.][Provided [further] [Inserted & Substituted by G.O.Ms.No. 425, I & C, date 21-12-1993, w.e.f. 27-12-1993.] that the Deputy Director may with the prior approval of the Government grant a quarry lease overlooking the above priorities for any special reasons to be recorded in writing:Provided [also] [Substituted for the word 'further' by G.O.Ms.No. 2, I&C (MI) Department, date 2-1-2004.] that whenever more than one application falling under category (1) above are received for grant of quarry lease and have to be considered, the Deputy Director shall refer the matter to the Government with his recommendations for a direction.][Provided also that whenever more than one application falling under any of the categories (2) to (4) above are received for grant of quarry lease and have to be considered in the order of preference specified above, such preference shall be given to the applications falling in the same category, according to the date of their receipt and in case of applications of the same category received on the same day, the Deputy Director after taking into consideration the particulars furnished in the applications with the prior approval of the Director, may grant the lease to deserving applicant, Further, he may with the prior approval of the Director, grant a quarry lease to the applicant whose application was received later in preference to the earlier application for reasons to be recorded in writing.] [Inserted & Substituted by G.O.Ms.No. 425, I & C, date 21-12-1993, w.e.f. 27-12-1993.][(3-A) Notwithstanding the order of preference contained in sub-rule (3) above the pattadars or their consent holders shall be given preference for grant of quarry leases in respect of the patta lands.] [Substituted by G.O.Ms.No. 110, I & C, date 9-3-1992, Pub. in AP Gaz. No. 12, date 26.3.1992, Rules Sup. to Pt. I Ext.](4)In cases where the quarry lease holders fail to apply for renewal of the lease of the areas within ninety days before the expiry of the lease held by them, as required under sub-rule (2) of Rule 13, fresh application for grant of quarry lease, in respect of those areas, will be entertained thirty days before the expiry of the lease.(5)[(a)(i) A Prospecting license or Quarry Lease for Granite useful for cutting and polishing, Marble and 31 minerals mentioned at Sl.Nos.18 to 48 in Schedule-1 of Rule 10 shall be granted by the Director on an application made to the Assistant Director of Mines and Geology concerned in Form-N or P and each such application shall be accompanied by a plan drawn to the Scale duly signed by the applicant and by a qualified Surveyor and by a treasury challan for Rs. 10,000/- (Rupees Ten thousand only) towards non-refundable application fee and a deposit of Rs.25,000/- (Rupees Twenty five thousand only) for every hectare or part thereof by a treasury challan in a Head of Account notified by the Director for this purpose. The deposit amount shall be refundable when the application is rejected on technical grounds like Non availability of area, rejection of No Objection Certificate (NOC).The deposit amount shall be forfeited when the applicant fails to attend Survey and Inspection, withdrawal of the application by the applicant, non execution of the lease and for any other lapse on the part of the applicant. Provided that the Andhra Pradesh Mineral Development Corporation Limited, (a wholly owned State Government Undertaking) is exempted from payment of deposit.] [Substituted by Notification No. G.O. Ms. No. 129, Industries & Commerce (Mines-II) Department, dated 16.11.2018.](ii)in any Government or Patta Lands where the [granite and marble] [Substituted for 'granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] is required to be removed for any purpose other than mining, the Assistant Director Mines and Geology may grant the Temporary Permit duly verifying the site and the purpose for which temporary permit is sought on payment of the required Seigniorage fee.(iii)[ A quarry lease for [granite useful for cutting and polishing and marble] [Inserted by G.O.Ms.No. 186, Ind. & Com. (MI) Department, dated 30.4.2002, pub. in A.P. Gaz., RS Pt. I ext., date 7.5.2002.] shall be granted by the Director of Mines & Geology on an application made to the Assistant Director of Mines & Geology concerned in Form 'P' without obtaining any prospecting licence subject to the condition that the applicant gives an undertaking for submitting the scheme of prospecting in the first year, submission of mining plan within (2) years from the date of execution of the quarry lease deed, failing which the lease will be cancelled without giving any opportunity.](iv)[ Processing fee of mining plan : Every Mining Plan submitted for Granite useful for cutting and polishing/Marble for approval of Director of Mines and Geology or the Officer nominated, shall be accompanied by a treasury or Bank challan for Rs. 1,000/- (Rupees One thousand only) towards non-refundable processing fee for every mining plan submitted under rules 12 and 17 of the Granite Conservation and Development Rules, 1999 and under rules 16 and 17 of the Marble Development and Conservation Rules, 2002.] [Added by G.O.Ms.No. 320, I&C (M-I), date 31-12-2004.](b)The application for grant of P.L. or Q.L. for [granite and marble] [Substituted for 'granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] shall be disposed off by the Director in the order of their receipt. Whenever, more than one application is received on the same day, the Director shall grant licence or lease to the deserving applicant on merits to be recorded in writing:Provided that the Director may grant a P.L. or Q.L. to an applicant whose application is received later, in preference to earlier application with the prior approval of the Government for any special reasons to be recorded in writing:[Provided further that where a prospecting licence has been granted in respect of any land the Licensee shall have preferential right for obtaining a quarry lease in respect of that land over any other person in case he has undertaken prospecting operations to establish mineral resources and submitted a prospecting report in respect of such land and submitted quarry lease application within three months after expiry of the prospecting licence period and such right can be exercised only once over the entire prospected area.] [Substituted by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.](c)[ On receipt of an application for the grant of a Q.L., the Director shall take decision to grant precise area for the said purpose and communicate such decision to the applicant alongwith a copy of the surveyed sketch showing the area on which the mining plan has to be prepared. On receipt of the communication from the Director of the precise area to be granted, the applicant shall prepare and submit a Mining Plan, Environmental Clearances (EC) issued by the competent authority' and Consent for Establishment (CFE) issued by the competent authority of APPCB within 1 (one) year for proposed lease area upto 25.00 Hects and within 2 (two) years for proposed lease area above 25.00 Hects or within such other period not exceeding one year as may be allowed by the Director provided the grantee applies for extension of time alongwith AMP and acknowledgement in token of filing application for grant of Environmental Clearance before the competent authority, before 30 days from the date of expiry of the period stipulated for submission of AMP, EC and CFE. The Director may consider the application for grant of extension of time for submission of EC and CFE, if the applicant applies after 30 days from the date of expiry of the period stipulated, but before the date of expiry of the period stipulated for submission of AMP, EC and CFE, if the applicant satisfies the Director that the applicant had sufficient cause for not making application within the specified time. [Substituted by Notification No. G.O. Ms. No.53, Industries & Commerce (Mines-II) Department, dated 27.2.2019.]Provided also that no further extension of time shall be considered and the Director shall reject the Quarry Lease application.](d)The Director shall reject the application for P.L. or Q.L. in the event of any default on the part of applicant, in attending the inspection and survey or submission of valid mineral revenue clearance certificate or any other material papers required by the Director.(e)Execution of Licence or lease deed:- The licence or lease deed shall be executed within sixty days from the date of grant or within such further period as the Director may allow in this behalf provided the grantee applies for extension of time within fifteen days from the date of expiry of period stipulated for execution. Such, extension may be granted by the Director not exceeding two times, and each time not exceeding 30 days.Provided that any such application may be entertained even after the prescribed period specified above, if the applicant satisfies the Director that he had sufficient cause for not making application within the specified time.Provided further that in case no licence or lease deed is executed within the stipulated period or the extended period due to any default on the part of the applicant, the Director shall revoke the order granting licence or lease and the deposit amount paid along with application shall be forfeited to the Government.(f)Period and Extent to be granted for P.L. or Q.L.: -(i)[ A prospecting licence for granite and marble shall be granted for a period not exceeding two years. The area covered by prospecting licence for granite shall not be less than one hectare, but not exceeding fifty hectares. The area covered by prospecting licence for marble shall not be less than four hectares with a restriction that the dimension of any one side of such area shall not be less than two hundred meters but not exceeding fifty hectares. [Substituted by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.](ii)The maximum period for which a quarry lease for granite and marble may be granted shall not exceed thirty years :Provided that the minimum period for which any such quarry lease may be granted shall not be less than twenty years. The area covered by lease for granite shall not exceed fifty hectares and minimum area shall not be less than one hectare. The area covered by quarry lease for marble shall not be less than four hectares with the restriction that the dimension on any one side of such area shall not be less than two hundred metres, but not exceeding fifty hectares.](iii)The Director Mines and Geology if he is satisfied on the basis of production level, Geological or Topographical condition may for reasons to be recorded in writing, grant or renew a licence or lease over an area more than the maximum area or less than the minimum area specified under this rule.(g)Prospecting fee, Seigniorage fee or Dead Rent: -(i)[(a) Every prospecting licence holder shall pay prospecting fee of rupees fifteen thousand and rupees twenty thousand for colour granite and black granite respectively and rupees ten thousand for marble per hectare per annum.] [Substituted by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.](b)The licensee may win and carry for purposes of testing and marketability a [maximum quantity of 100 Cub. Meters or the quantity permitted by the Director of Mines & Geology based on progress of prospecting work] [Substituted by G.O.Ms.No. 186, Ind. & Com. (MI) Department, dated 30.4.2002.] per year [irrespective of Colour or Black Granite or marble] [Substituted for 'irrespective of Color or Black Granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] on payment of Seigniorage fee for the time being specified under Schedule I of Rule 10 of the APMMC Rules, 1966.(ii)Every quarry lease holder shall pay seigniorage fee or dead rent whichever is higher, as per Schedules I and II of Rule 10 of APMMC Rules, 1966.(iii)The licensee or lessee shall pay the prospecting fee or dead rent at the time of execution of licence or lease deed respectively and for the subsequent years one month in advance every year along with land assessment and cess on land assessment.(h)Conditions of licence or lease: -(i)[ The licensee or lessee for granite or marble shall observe the provisions of Granite Conservation and Development Rules, 1999 or the provisions of Marble Development and Conservation Rules, 2002, as the case may be;] [Substituted by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.](ii)The licensee or lessee shall deposit in any Government Treasury and file challans with the Assistant Director concerned for all sums payable to the Government under the terms of licence or lease or permit.(iii)The lessee shall pay the seigniorage fee as per the rates prescribed from time to time in Schedule-I in advance for the quantity intended to be despatched and submit the original challans to the Assistant Director of Mines and Geology concerned and then only despatch the material. The lessee shall furnish the details of [granite and marble] [Substituted for 'granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] despatches with block numbers, quality, quantity and place of consignment to the Assistant Director of Mines and Geology concerned immediately soon after the despatch of material. However, the lessee is required to obtain the transit forms in advance for transportation of [granite and marble] [Substituted for 'granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] and shall render the account of the Assistant Director concerned once in a month. No second consignment of way bill shall be issued unless the lessee has rendered the account of the previous account of consignment of way bill:Provided that any misuse of the transit forms despatch of any [granite and marble] [Substituted for 'granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] without paying Seigniorage fee and not accompanied by the transit forms issued by the Assistant Director, the lessee liable to pay [five times] [Substituted for 'one time' by G.O.Ms.No. 102, I&C (MI) Department, date 28-9-2010.] of the normal Seigniorage fee as penalty for first time offence and [ten times] [Substituted for 'two time' by G.O.Ms.No. 102, I&C (MI) Department, date 28-9-2010.] penalty for the second time offence in addition to the Normal Seigniorage fee. Any subsequent offence shall result in termination of the Lease.(iv)The Deputy Director of the region shall be the competent authority to assess and fix in consultation with the concerned department, any compensation payable by the licence or lessee for any loss, injury or damage done to the person concerned or to his property.(v)The licensee or lessee shall erect and maintain at its own expenses boundary pillars of substantial material standing not less than one metre above the surface of the ground at each corner or angle on the line of the boundary of the area under licence or lease and at intervals of not more than 183 metres along with the boundary delineated in the plan attached to the area under the licence or lease.(vi)The licensee or lessee shall without delay send to the Assistant Director concerned a report of any accident involving death or injury to any person which may occur in and around the licence or lease area and shall observe all the rules for the time being in force regarding the working of licence or lease.(vii)Lapsing of Licence or Lease:-(a)Where the licensee shall not commence prospecting operations within a period of six months from the date of execution of licence or is discontinued for continuous period of six months after commencement of such prospecting operations, the Director shall by an order declare the P.L. as lapsed and communicate the declaration to the licensee.(b)Where the mining operations are not conducted within a period of two years from the date of execution of the lease or is discontinued for a continuous period of two years, after commencement of such mining operation, the Director shall by an order declare the lease as lapsed and communicate the declaration to the lessee :Provided that where the licensee or lessee submits an application to the Director within a period of one month from the date of receipt of such order and on being satisfied about the adequacy and genuineness of the reasons for the non-commencement of prospecting or quarrying operations or discontinuance thereof, the Director may recommend to the Government for revival of the licence or lease :Provided further that such application shall be accompanied by payment of a fee of Rs. 2,500/- (Rupees Two Thousand and Five Hundred) to the State Government.(viii)The licensee or lessee shall not assign, sub-let, transfer or otherwise dispose of the under licence or lease without obtaining the previous sanction in writing of the Director. The transfer application shall be made to the Assistant Director of the District concerned in Form R along with non-refundable application fee of Rs. 5,000 (Rupees Five Thousand only). The licence or lease deed shall be executed as per the provision under clause (e):[(Viii a):- The holder of a Lease, with the prior approval of the Director of Mines & Geology, may be permitted to transfer such Lease for captive purpose in favour of the existing mineral based industry or to a new mineral based industry with a condition that no permits will be issued till Commercial Operation Date (CoD) is declared by the competent authority for mineral processing and value addition. [Inserted by Notification No. G.O.Ms. 183, dated 28.12.2017 (w.e.f. 31.2.1997).]The application for transfer of Lease shall be made to the Assistant Director of Mines & Geology concerned in Form-R alongwith the non-refundable application fee of Rs.10,000/- (Rupees ten thousand only) alongwith the copies of certificate issued by the competent authority showing the evidences for ownership and running of the industry. The transfer Lease deed shall be executed as per Rule 12(5)(e).The permission for transfer of Lease to the mineral based industry holder shall be accorded on payment of an amount equivalent to ten times of dead rent per hectare or the amount equivalent to the dead rent per hectare for the unexpired period of lease, whichever is higher. Such transfer shall be made only in favour of persons/entities owning the industry which would be consuming the mineral.(Viii b):In case the Lease is granted to an Individual/Sole Proprietorship Firm, the Lessee, with the prior approval of the Director of Mines & Geology, may be permitted to change its constitution from individual/Proprietorship concern into partnership firm by adding new partners, on registering itself as a Partnership Firm under the Indian Partnership Act, 1932 and the original Lessee shall continue to hold 51% of his/her share and voting rights in the partnership firm so created, till expity of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The Lessee shall furnish the registration certificate to the Director of Mines & Geology within 60 days from the date of such changes made.(Viii c):- In case of Lease granted to a partnership firm, such firm, with the prior approval of the Director of Mines & Geology, may be permitted to add new partners into the firm so that the original partners of the firm together shall continue to hold 51% of their share and voting rights in the reconstituted firm till expiry of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original partners shall not be changed during such a transfer. The Lessee firm shall effect such changes in the constitution of the firm as required under the Indian Partnership Act 1932 and intimate the same to the Director of Mines & Geology within 60 days from the date of such changes made.(Viii d):- In case of Lease granted to the company registered under Companies Act, 2013, such company, with the prior approval of the Director of Mines & Geology, may be allowed to add new Directors into the company and the original Directors of the company together shall continue to hold 51% of their share and voting rights in the company till expiry of Lease or subsequent renewal Lease period. The inter-se ratio of shares among original Directors shall not be changed during such a transfer. The Lessee shall effect such changes in the constitution of the company as required under the Companies Act, 2013 and intimate the same to the Director of Mines & Geology within 60 days from the date of such changes made.Provided that in all the cases mentioned at (viii b), (viii c), (viii d), the Lessee shall pay 2(two) times of dead rent payable under Schedule II of Rule 10 of Andhra Pradesh Minor Mineral Concession Rules, 1966 as charges for affecting changes in constitution/reconstitution of the firms/companies and the lessee shall be made an application before the Assistant Director of Mines & Geology concerned in Form-R-1 appended to this order, alongwith the non-refundable application fee of Rs. 10,000 (Rupees ten thousand only). The transfer lease deed shall be executed as per the provision under Rule 12(5)(e).(Viii e):In the case of Lase held by the Central/State Public Sector Units, they may be permitted to sublet the Lease granted to them in favour of Joint Venture Companies/firms formed by them after intimating the Director of Mines & Geology.]Provided that such sanction shall be accorded that there is no speculation involved in the transfer of licence or lease :Provided further that the transferor and the transferee shall not be in arrears of any mineral revenue to the Government.[(viii f):- The holder of a Mineral Concession for Minor Minerals shall intimate to the Director of Mines and Geology through the Assistant Director of Mines and Geology concerned within 60 days of any change that may take place in its name, nationality or other particulars with relevant copies of certificates issued by the competent authority approving the changes. Subject to condition that, the shareholding pattern shall not be changed. [Added by Andhra Pradesh Notification No. G.O. Ms. No. 87, Industries & Commerce (Mines-II) Department, dated 1.8.2018 (w.e.f. 31.2.1967).]The holder(s) of a Mineral concession/lessee fails without sufficient cause to furnish the information referred to in sub-rule (a), the Director of Mines and Geology may impose a fine which may extend to two lakh rupees and in the case of continued contravention of the provisions of sub-rule (1) the Director of Mines and Geology may terminate the Mineral concession/lease as the case may be.Provided that no such order shall be made without giving the holder of mineral concession/lessee a reasonable opportunity of stating his case.Provided further that the changes are effected prior to issue of these orders, in such cases the lessee may intimate the changes with the copy of certificate issued by the competent authority within 60 days from the date of issue of these orders.](ix)The licensee or lessee shall obtain the permission of the Assistant Director concerned before he would erect on the area under licence or lease any building or structure for prospecting or quarrying purpose, if the area belongs to Government.(x)If, in the course of prospecting or quarrying any mineral not specified in the licence or lease is discovered, the licensee or lessee shall at once report such discovery to the Assistant Director concerned to enable him to obtain the order of the Director for prospecting/quarrying of the same.(xi)Renewal of Q.L.(i)[ If the lessee to whom a quarry lease is granted has complied with all the conditions of the lease and filed an application for grant of renewal of lease in Form Q, to the Assistant Director of Mines and Geology before twelve months of the expiry of the lease and accompanied by a treasury or bank challan for Rs. 10,000/- (Rupees ten Thousand only) towards nonrefundable application fee, the Director of Mines and Geology, shall initially renew for a period not exceeding 20 years. In case of subsequent renewals, the Director of Mines and Geology, with Prior permission of the State Government, shall grant such renewals, not exceeding 10 years at a time, till the mineral is exhausted, subject to adherence to and non-violation of rules during the operation of mining lease.] [Substituted by Andhra Pradesh Notification No. G.O. Ms. No. 87, Industries & Commerce (Mines-II) Department, dated 1.8.2018 (w.e.f. 31.2.1967).](ii)The renewal of quarry lease application shall be disposed of by the Director before the expiry of lease :Provided that where the renewal of quarry lease application is not disposed of before the expiry of lease, it is deemed to have been extended till the application is disposed of by the Director.(iii)The Director may condone the delay in filing an application for renewal of quarry lease made after the time limit prescribed under sub-rule (1) above.(xii)In case of any breach on the part of licensee or lessee of any covenant or conditions contained in the grant, the Director may after giving an opportunity to the defaulter, determine the licence or lease and take possession of the premises under licence or lease and forfeit the security deposit.(xiii)On determination of the licence or lease for violation of the conditions, all sums, paid by the licensee or lessee by way of deposits shall be forfeited and adjusted towards the amount if any to be realised.(xiv)The Director may in consultation with the Government determine the licence or lease, if it is considered necessary to do so in public interest after giving two calendar months notice in writing.(xv)Any [granite and marble] [Substituted for 'granite' by G.O.Ms.No. 282, I&C (MI) Department, date 23-9-2003.] extracted under quarry lease and not removed by the lessee within 30 days or the determination of the lease, or the extended period given by the Director, shall be the property of the Government and the Assistant Director may disposed of the same in public auction.(xvi)Granite waste which cannot be sold as granite shall be sold as road metal or otherwise with the permission of the Director. The rate of Seigniorage fee for such mineral shall be as per Schedule-I under Rule 10 of the APMMC Rules, 1966.Note: - In respect of matters for which no special provision is made in this sub-rule for granite, the provisions contained in other rules shall apply.(6)Notwithstanding anything contained in sub-rules (2) to (4) a quarry lease shall be granted in favour of Co-operative Societies consisting of exclusively of Adivasis/Tribals or individual Adivasis/Tribals in the notified Tribal Areas.
