Section 28(1) in Rajasthan Minor Mineral Concession Rules, 2017
(1)Every mining lease or quarry licence shall be subject to the following conditions: -(i)No person shall undertake any mining operations of any minor mineral in any area within the state except under and in accordance with these rules;(ii)(a)The lessee or licencee shall pay contribution to the District Mineral Foundation Trust fund as Foundation Trust Rules, 2016, as amended from time to time;(b)The lessee or licencee of lease or licence granted after commencement of these rules, shall also pay premium amount as specified in rule 4, 5, 6 and 13; and(c)The lessee or licencee shall also pay surface rent of government land to the Revenue Department for surface area used by him for the purpose of mining, as per the rates prevalent in the area;(iii)The lessee or licencee shall pay all dues in the office of such officer, in such manner, at such place and time as may be specified by the Government;(iv)The lessee or licencee shall at his own expense erect and at all-time maintain and keep in repair boundary pillars and marks according to the plan and demarcation report in following manner: -(a)each corner of the lease or licence 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 pillars shall be of square pyramid frustum shaped above the surface and cuboid shaped below the surface;(d)each pillar shall be of reinforced cement concrete;(e)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;(f)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;(g)all the pillars shall be painted in yellow colour and the top ten centimeters in red colour by enamel paint and shall be grouted with cement concrete;(h)on all corner pillars, distance and bearing to the forward and backward pillars and latitude and longitude shall be marked;(i)each pillar shall have serial number in a clockwise direction and the number shall be engraved on the pillars;(j)the serial number of pillar shall be the number of the individual pillar as per the lease or licence;(k)the location and number of the pillars shall also be shown in the surface plan and other plans maintained by the lessee or licencee; and(l)in case of forest area within the lease or licence, the size and construction and colour of the boundary pillars shall be as per the norms specified by the Forest Department in this behalf;(v)The lessee or licencee shall not erect, set-up or place any building or thing and shall not carry on surface operations in or upon any public pleasure ground, burning or burial ground or place held sacred by any class of persons or any house or village site, public road or other place which the Government may determine as public ground or in such a manner as to injure or prejudicially affect any building, works, property or rights of other persons;(vi)The lessee or licencee shall not carry on his operations in a manner that would injure or prejudicially effect any buildings, works, property or rights of other persons and no land will be used by the lessee or licencee for surface operations which is already occupied by persons other than the Government for works or purposes not included in the mining lease;(vii)The lessee or licencee shall give notice of commencement of any mining operations to the authorities as per section 16 of the Mines Act, 1952 and also to the Mining Engineer or Assistant Mining Engineer concerned at least one month before the commencement of any mining operation;(viii)The lessee or lessees shall commence mining operations within six months from the date of commencement of the lease or licence and thereafter carry on such operations effectively in a proper skilful and workman like manner both as regards prevention of waste by removal of sufficient overburden, careful storage of waste and drainage and as regards removal of all valuable minerals within the mine. The lessee or licencee shall work in workman like manner for systematic, scientific and environment friendly mining so as to ensure systematic development, conservation of mineral deposits, protection of environment and safety of man and machinery.Explanation: - For the purpose 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.(ix)The lessee or licencee shall allow reasonable facilities for access to mineral concession holder of any land which is comprised in or is reached by the land held by the lessee or licencee:Provided that no substantial hindrance or interference shall be caused by such holders of licences or leases to the operations of the lessee or licencee and fair compensation (as may be mutually agreed upon or in the event of disagreement as may be decided by the Government) shall be paid by them to the lessee or licencee for any loss or damage sustained by the lessee or licencee by reason of the exercise of this liberty.Provided further that in case of licence, the directions of the Mining Engineer or Assistant Mining Engineer concerned shall be final and binding regarding any dispute about the approach road;(x)The lessee or licencee shall allow any officer authorised by the Central or State Government to enter upon any building, excavation or land comprised in the lease or licence for the purpose of inspecting the same and shall abide by the instructions issued by him;(xi)The lessee or licencee shall pay such compensation as may be assessed by lawful authority in accordance with the law or rules or order in force on the subject for all damages, injuries or disturbances which may be done by him and shall indemnify and keep indemnified fully and completely, the Government against such damages, injury or disturbance and all cost and expenses in connection therewith;(xii)The lessee or licencee shall strengthen and support to the satisfaction of the railway administration concerned or the Government, as the case may be, any part of the mine which, in his opinion, requires such strengthening or support for the safety of any railway, reservoir, canal, road and any other public works or structures;(xiii)The lessee or licencee shall forthwith report to the Mining Engineer or Assistant Mining Engineer concerned any accident which occurs at or in the said premises;(xiv)The lessee or licencee shall report to the Mining Engineer or Assistant Mining Engineer concerned the discovery of any mineral not specified in the lease or licence within thirty days of such discovery. If lessee or licencee does not apply for inclusion of such mineral, lease or licence may be terminated and new lease or licence shall be granted through e-auction.(xv)The lessee or licencee shall not win and disposed off any minor mineral not specified in the lease or licence unless it is included in the lease or licence or a separate lease or licence is obtained. In such case the dead rent shall be charged for the mineral whose dead rent is higher as specified in Schedule III and royalty shall be payable for each mineral separately. If lessee or licencee does not apply for inclusion of such mineral, lease or licence may be terminated and new lease or licence shall be granted through e-auction:Provided that newly discovered mineral, in the lease or licence granted otherwise than through auction, shall be included subject to payment of one time premium equal to [existing dead rent or dead rent of mineral to be included, whichever is higher or annual licence fee as the case may be.] [Substituted 'annual dead rent or licence fee' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).]Provided further that newly discovered mineral, in the lease licence granted through auction, shall be included subject to payment of premium amount as mentioned in sub-rule (5) rule 13;(xvi)The lessee or licencee shall not carry on, or allow to be carried on, any mining operations at any point within a distance of forty five meters 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 public roads (excluding mines approach road or village roads), reservoir, canal or other public place or buildings, pillars of railway and road bridge or inhabited site except with the previous permission of the Collector or any other officer authorised by the State or Central Government and otherwise then in accordance with such instructions, restrictions and conditions either general or specific as may be attached to such permissions. The said distance of forty five meters shall be measured in the case of public roads (excluding mines approach road or village roads), 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;(xvii)The lessee or licencee shall not, in the case of mines approach road or 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 meters of the outer edge of the cutting except with the previous permission of the Collector or any other officer duly authorized by the State or Central Government in this behalf and otherwise than in accordance with such directions, restrictions and additions, either general or specific, which may be attached to such permission;(xviii)The lessee or licencee shall not pay a wage less than the minimum wages prescribed by the Central or the State Government under the Minimum Wages Act, 1948;(xix)The lessee or licencee shall intimate to the Mining Engineer or Assistant Mining Engineer concerned about any change of, -(a)one form of business organization to another form of business organization i.e. proprietorship, partnership, limited liability partnership, private limited company, public limited company or any form of business activities recognized by any law to another form of business organization;(b)change in partner of a partnership firm;(c)the transfer of shares in a company, resulting in the change of control of management or ownership right of the said company;(d)merger or amalgamation of one company into another company; and(e)change of a private limited company to limited company, as the case may be, within sixty days from the date of commencement of these rules or from the date of such change, whichever later:Provided that if the lessee or licencee fails to intimate the above mentioned change within the specified time, same may be submitted on payment of late fee at the rate of rupees five hundred per day of delay, subject to maximum of rupees two lacs;(xx)The lessee or licencee may, after paying the rents and royalties payable hereunder or under the lease deed or licence, on the expiry or termination of the lease or licence term or within three calendar months thereafter, take down and remove for its own benefit, all or any mineral excavated during the currency of the lease or licence, engines, machinery, plant, buildings structures, tramways, railways and other works, erections and conveniences which may have been erected, set up or placed by the lessee or licencee in or upon the leased or licenced lands and which the lessee or licencee is not bound to deliver to the Government or which the Government does not desire to purchase:Provided that the lessee of mineral bajri (river sand) shall not have any right to remove any stock of bajri after the expiry of the lease period or receipt of the order of determination of the lease.(xxi)If at the end of three calendar months after the expiry or termination of the lease or licence term there shall remain in or upon the leased or licenced land, any mineral, engines, machinery, plant, buildings structures, tramways, railways and other work, erections and conveniences or other property which are not required by the lessee or licencee in connection with operations in any other lands held by it under lease or licence, the same shall, if not removed by the lessee or licencee within one calendar month of being notified to do so by the Government, be deemed to become the property of the Government and may be sold or disposed off in such manner as the Government shall deem fit without liability to pay any compensation or to account to the lessee or licencee in respect thereof;(xxii)A mining lease or licence may contain such other conditions as the Government may deem necessary in regard to the following, namely: -(a)compensation for damage to land in respect of which the lease or licence has been granted;(b)restrictions regarding felling of trees on unoccupied and unreserved Government land;(c)the restriction of surface operations in any area prohibited by any authority;(d)the entering and working in a reserved or protected forest;(e)the securing of pits and shafts;(f)the power to take possession of the plant, machinery, premises and mines in the event of war or emergency; and(g)filing of civil suits or petitions relating to disputes arising out of the area under lease or licence;(xxiii)Subject to the conditions mentioned in this rule, the lessee or licencee shall, with respect to the land leased or licenced to him, have the right for the purpose of mining operations on that land, -(a)to work the mines;(b)to sink pits and shafts and construct roads;(c)to erect building, plant and machinery;(d)to quarry and obtain building and road materials and make bricks;(e)to use water;(f)to use land for stacking purpose; and(g)to do any other thing specified in the lease or licence;(xxiv)If the lessee or licencee holding a mining lease or licence, 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 appeals pending against such conviction in any court of law, the Government may, without prejudice to any other proceedings that may be taken under the Act or the rules made thereunder, after giving such lessee or licencee an opportunity of being heard and for reasons to be recorded in writing and communicated to the lessee or licencee, terminate such mining lease or licence and forfeit whole or part of the security; and(xxv)The Mining Engineer or Assistant Mining Engineer concerned may, by an order in writing prohibit mining in whole or part of the lease or licence area, if in his opinion such operation is likely to cause premature collapse of any part of the workings or otherwise endanger the mine or quarry or the safety of persons employed therein, or there is danger as regards to outbreak of fire or flooding or such operations may cause damage to any property:Provided that Mining Engineer or Assistant Mining Engineer concerned shall obtain prior approval or post facto approval within fifteen days, depending upon emergency, from Superintending Mining Engineer concerned regarding instructions for prohibition of mining operation and mining in such area shall only be resumed with prior written approval of Superintending Mining Engineer concerned.
