Section 58 in Gujarat Minor Mineral Concession Rules, 2010
58. Conditions for grant of quarry Parwana.
(1)The Parwana shall be granted, in Form K, for the maximum period of one year, ending on 31st March of the year, on payment of a non-refundable fee of,-(a)rupees hundred for an area up to one thousand square meters , and(b)rupees two hundred for an area more than one thousand square meters(2)The Parvana shall be renewable for a period of not exceeding three years on payment of a non-refundable fee, for each year of renewal, at the rate of,-(a)rupees hundred for an area up to one thousand square meters , and(b)rupees two hundred for an area more than one thousand square meters(3)The renewal fee shall be paid before the expiry of the Parwana. If the renewal fee is not paid before the expiry of the Parwana, an additional fee of rupees five per year or part thereof shall be paid for the late renewal of the Parwana.(4)The Parwana granted in the last quarter of a year shall be valid upto the 31st March of the succeeding year.(5)The Parwana holder shall pay royalty in advance on the mineral to be extracted at fifty percent of the rate mentioned in Schedule I.(6)The Parwana holder shall pay yearly dead rent in advance at the rate of twenty five paisa per square meter or part thereof.(7)Where the royalty paid during a year under sub-rule (5) in respect of a minor mineral is greater than the dead rent payable under sub-rule (b) no dead rent shall become payable.(8)Where the royalty paid during a year under sub-rule (5) in respect of a minor mineral is less than the dead rent payable under sub-rule (6), the difference between the two amounts shall be payable as dead rent.(9)The .Parwana holder shall pay surface rent in advance at fifty paisa per hundred square meters or part thereof annually.(10)(a)The Parwana holder shall extract and remove the minor mineral from the area specified in the Parwana in such a manner that no damage is done to any high ways, road, agricultural lands, trees, or other places of public utility or property.(b)He shall not carry on any quarry operation within a distance of fifty meters of any railway line, high way, roads, river bank or other places of public utility or property.(11)The Parwana holder shall not remove any other minor mineral except that mentioned in the Parwana. If during extracting, any other mineral appears to have been excavated or found he shall report the finding in writing to the Competent Authority concerned within fifteen days.(12)In the event of any contravention of any of the clauses or the conditions, the Parwana shall be liable to be cancelled.(13)If in any case it is found that the mineral is removed without payment of royalty as required to be paid under the Parwana the Competent Authority or any officer duly authorized by him may enter the land in respect of which the Parwana is granted and take possession of all or any of minerals or movable property or such part of it as will suffice to recover the royalty payable.(14)If the payment of any amount recoverable under this Parwana is not made within thirty days from the due date, the same may be recovered as arrears of land revenue and the Parwana may be cancelled.(15)On or after expiry of the period of the Parwana or when the Parwana is cancelled before the date of expity of the period, after the date of such cancellation, the Parwana holder shall not carry on any quarry operation or remove any mineral that may have been excavated. If such Parwana holder is found to carry out any quarry operation or removing minerals, he shall be liable for punishment .under rule 6 8.(16)The Parwana shall be non-transferable.(17)The Parwana holder shall immediately report any occurrence of accident to the Competent Authority, the Commissioner, the District Magistrate and the District Superintendent of Police of the District in which the area is situated.(18)The Parwana holder shall maintain the boundary marks and pillars of the land in proper order and on their proper places.(19)The Parwana holder shall work the area systematically as far as possible so as to avoid all waste. He shall comply with any direction or advice given by the Competent Authority or an officer authorized by him for the systematic working of the mineral.(20)The Parwana holder shall not encroach the area which is not granted to him or an area which is occupied by any other person or which is the Government land. If any trespass, encroachment, or damage is caused on the area of any other person or on the Government land, he shall be liable to pay an amount as may be determined by the Competent Authority. He shall indemnify the Government from and against all suits and demands which may be brought by any persons for any damage, injury or disturbance.(21)No power of attorney shall be given by a Parwana holder in respect of the area specified in the quarry Parwana granted to him, otherwise the Parwana shall be cancelled forthwith without assigning any reasons by the Competent Authority.(22)The Parwana holder shall maintain accounts to verify the production, payment of royalty in the manner as may be specified by the Commissioner. He shall furnish the returns as may be required by the Commissioner.(23)In case no quarry operation is carried out in the area specified in the quarry Parwana , for a period of 120 days without any reasonable cause or without permission of the Competent Authority the Parwana shall be liable to be cancelled, after giving an opportunity to the holder to state his case.(24)The Commissioner or the Competent Authority or any of the officers authorized by him or any of the officer of the Government of India shall be allowed to inspect the quarry at reasonable time.(25)If the Competent Authority refuses to grant the quarry Parwana applied for, the fee paid by the applicant for the grant of such Parwana shall be refunded.
