Section 18(1) in The Bombay Minor Mineral Extraction Rules, 1955
(1)Every quarrying lease shall include the following conditions :-(i)The lessee shall pay royalty on minor minerals despatched from the leased area at the rates specified in Schedule 1 to these rules.Provided that, such rates shall be liable to be revised once in every [four years] [Substituted by G.N. of 19.1.1985.].(ii)The lessee shall also pay for every year of the lease such yearly dead rent with the limits specified in Schedule II to these rules as may be fixed by the Collector in the lease; and if the lease permits the working of more than one mineral in the same area, the Collector may fix separate dead rent in respect of each mineral :Provided that, the lessee shall be liable to pay the dead rent or royalty in respect of each minor mineral, whichever be higher in amount, but not both ;[Provided further that, the dead rent shall not be payable for the first three months following the date of execution of the lease.] [Inserted by G.N. of 22.10.1971.](iii)The lessee shall also pay, for the surface area used by him for the purposes of the quarry, surface rent, at such rate, not exceeding the land revenue and cesses assessable on the land, as may be fixed by the Collector and specified in the lease.(iv)Unless the competent officer for good cause permits otherwise, the lessee shall commence quarrying operations within 3 months from the date of execution of the lease and shall thereafter carry them on in a proper, skillful and workmanlike manner. The lessee shall prevent waste by removal of overburden careful storage of waste, drainage and removal of all valuable minor minerals within the quarry.Explanation. - For the purpose of this clause, "quarrying operations" shall include the erection of machine, laying of a tramway or construction of a read in connection with the quarry.(v)The lessee shall, at his own expense, erect and maintain boundary marks and pillars, necessary to indicate area leased to him.(vi)The lessee shall take adequate steps to ensure that,-heights and widths of trenches in open quarries are properly maintained to facilitate easy removal of the mineral and the muck;(xi)The lessee shall not carry on or allow to be carried on any mining operations at any point within a distance of 50 yards, if no blasting is involved and 200 yards, if blasting is involved, from the boundary of any railway line except with the writ ten permission of the railway administration concerned or from the boundary of any reservoir, canal, road or public works or buildings except with the previous permission of Government. The railway administration or Government may in granting permission impose such conditions as it may deem fit.[(xi-a) The lessee shall see that the hole (where the blasting is performed) is muffled with an iron sheet with a weight of about 12 or more hags of sand on it, and the lessee before commencing the blasting, shall - [Inserted by G.N. of 27.1.1968.](i)give sufficient warning to the public by an efficient system of signals and by putting of red flags in the danger zone, namely, 200 yards from the place of blasting;(ii)ensure that all persons in the vicinity have taken proper shelter;(iii)take suitable steps to prevent any person approaching the place of blasting;(iv)warn the public not to approach the quarry within half an hour after explosion;(v)afford free access to the competent officer to any place, at which any blasting operation is carried on for enabling him to ensure that all necessary precautions have been taken to guard against danger to the public.](xii)The lessee shall keep correct accounts showing the quantity and other particulars of all minor minerals obtained and dispatched from the quarry and the number or persons employed therein and complete plans of the quarry and shall furnish to the Director of Industries such information, reports and returns as he may require from time to time together with representative samples of minerals obtained during his operations.(xiii)The lessee shall allow any officer authorised by Government or the competent officer or the Director of Industries to enter upon any building, excavations or land comprised in his lease for the purpose of inspecting the same or for inspecting any of his accounts, plans and records which he shall make available to such officer. Such officer may issue such reasonable directions as he may deem fit to prevent wasteful extraction of minerals and it shall be the duty of the lessee, his agent or manager to carry out such directions within such period as the officer may specify. If the lessee, his agent or manager fails to carry out the directions within the specified period, the competent officer may determine the lease or may impose a penalty not exceeding twice the amount of the annual dead rent.(xiv)The lessee shall strengthen and support to the satisfaction of the railway administration concerned or Government, as the case may be any part of the quarry which in its opinion requires such strengthening or support for the safety of any railway, reservoir, canal, road, or any other public works, or structures.(xv)The lease shall be liable to cancellation if the lessee ceases to work the quarry for a continuous period of 6 months :Provided that, the lease shall not be cancelled if the lessee is prevented from, working the quarry owing to some reasonable cause or if the lessee ceases to work with prior permission of the competent officer.(xvi)If the lessee, or his transferee or assignee, does not allow any entry or inspection under clause (xiii), the competent officer may cancel the lease and forfeit in whole or in part the security deposit paid by the lessee.(xvii)The lessee shall report all accidents to the District Magistrate and the District Superintendent of Police concerned.(xviii)In case of breach by the lessee or his transferee or assignee of any of the conditions specified in clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), (ix), (x), (xi), [(xi-A), (xii), (xiv), or (xx)] [Substituted by G.N. of 27.1.1968.] of this rule, the Competent Officer shall give notice in writing to the lessee asking him to remedy the breach within [thirty days] [Substituted by G.N. of 9.11.1984.] from the date of the notice, and if the breach is not remedied within such period, the competent officer may determine the lease. In case of breach by the lessee or his transferee or assignee of any other condition of the lease, the competent officer may require the lessee to pay a penalty not exceeding an amount equivalent to twice the amount of the annual dead rent.(xix)Government shall be immune from the lessee's claim for damage on account of any land having been included in his lease which may subsequently be discovered not to have been available for the lease.(xx)The lease or his transferee or assignee shall not erect any building in contravention of the provisions of any law for the time being in force relating to the erection of building or in contravention of any orders issued by any officer or the authority competent to issue such orders under any such law within whose jurisdiction the leased area is situated.(xxi)Government shall at all times have the right of preemption of the minor minerals won from the land in respect of which the lease has been granted ;Provided that, the fair market price prevailing at the time of preemption shall be paid to the lessee for all such minor minerals;(xxii)Right of the State or Central Government to construct any road, railway or canal, reservoir or to carry any electric or telephone lines in or over the lands under the lease is reserved :Provided that, before such right is exercised, a notice of not less than-sixty days shall be given to the lessee and the area utilized by Government for any of the aforesaid purposes shall be excluded from the area under the lease.
