Section 38(1) in Jammu and Kashmir Minor Mineral Concession, Storage, Transportation of Minerals and Prevention of Illegal Mining Rules, 2016
(1)Every mining lease shall be subject to the following conditions :-(i)the holder of a mining lease granted before the commencement of these rules, shall notwithstanding anything contained in the instrument of lease or any law or rules in force at such commencement, pay royalty in respect of any mineral removed by lessee from the leased area or consumed after such commencement, at the rates specified in Schedule-I in respect of that minor mineral and in the manner as ordered by the competent authority ;(ii)the holder of a mining lease granted under these rules shall pay royalty in respect of any minor mineral removed by him from and/or consumed, at the rate specified in the Schedule-I in respect of that mineral in the manner as ordered by the competent authority;(iii)the lessee shall pay surface rent for surface area used by him for the purpose of mining to the Revenue Department where such land is State land ;(iv)the lessee shall pay yearly dead rent, as per rates specified in Schedule-II, in quarterly installments in advance :Provided that the lessee shall be liable to pay either dead rent or royalty in respect of each minor mineral whichever is higher but not both;(v)the lessee shall pay all dues in the office of authorized officer in such manner as may be mentioned in the lease agreement ;(vi)the lessee shall not cut or injure any tree in area of his lease without the previous sanction in writing of an officer authorized in this behalf under law ;(vii)the lessee shall, at his own expenses, erect and at all times maintain and repair boundary pillars and marks according to the plan and demarcation report annexed to the lease ;(viii)the lessee shall not erect, set-up or place any building or industrial unit in the leased out area :Provided that shelter for labourers to rest or field office may be erected, which if not removed before expiry of lease shall become the property of the Government; and(ix)the lessee shall commence mining operations within three months from the date of execution of the lease and thereafter carry on such operations effectively in a manner which will ensure safety of labourers, conservation of mineral, removal of over burden, and its proper dumping, storage, drainage of water and removal of all valuable minerals from the mines in accordance with the rules.
