(1)Every quarry lease shall be subject to the following conditions(a)The lessee shall pay, for every year [* * *] [Omitted by Notification No. 19-75-2000-XII-2, dated 21-05-2001.], yearly dead rent at the rates specified in the Schedule IV in the advance for the whole year, on or before the 20th day of the first month of the year;(b)[ The lessee shall pay the dead rent or royalty in respect of each mineral whichever is higher in amount but not both. The lessee shall pay royalty in respect of quantities of mineral intended to be consumed or transported from the leased area, no sooner the amount of dead rent already paid equals the royalty on mineral consumed or transported by him. The dead rent or royalty shall be deposited in the [Revenue receipt head prescribed in sub-rule (3) of Rule 10.] [Substituted by Notification No. 19-53-87-XII-2, dated 19-6-1997.](c)The lessee shall also pay for the surface area occupied or used by him for the purposes of mining operations, surface rent in advance for the whole year on or before the 20th day of the first month every year;(d)Notwithstanding any other action that may be taken for default in the payment of dues as specified in clause (a), (b), (c) within time under these rules or under any other condition of the lease, the lessee shall pay interest at the rate of 24% per annum for all defaulted payments of dead rent, royalty and surface rent.(2)If any mineral not specified in the lease is discovered in the leased area, the lessee shall report discovery without delay to the Collector and shall not win or dispose of such mineral without obtaining a lease therefor. If he fails to apply for such a lease within three months of the discovery of the mineral, the Competent Authority may sanction lease of such mineral, to any other person, who applied for it.(3)The lessee shall not pay wages less than the minimum wages as prescribed by the State or the Central Government from time to time under the Minimum Wages Act, 1948 (No. 11 of 1948).(4)The lessee shall take all measures for planting trees in quarried area or any other area selected by the Collector not less than twice the number of trees destroyed by reasons of mining or quarrying operation in addition to restoring and levelling the land.(5)The lessee shall commence mining operation within one year from the date of execution of the lease deed and shall thereafter conduct such operations in a proper, skillful and workman-like manner.(6)Subject to the other conditions of these rules, where mining operations have not commenced within a period of one year from the date of execution of the lease or discontinued for a cumulative period of six months during any calendar year after commencement of such operation, the Sanctioning Authority may, by an order, declare the quarry lease as lapsed and communicate the declaration to the lessee.(7)Where the lessee is unable to commence mining operation for a period exceeding one year or unable to continue mining after commencement for the reasons beyond his control, he may submit an application to Sanctioning Authority explaining the reasons at least ninety days before the expiry of such period.(8)There shall be paid, in respect of every application under sub-rule (7), a fee of Rs. 200/- (Rupees Two Hundred). The amount of fee shall be deposited in the Government treasury under the receipt head prescribed in sub-rule (3) of Rule 10.(9)The Sanctioning Authority of the lease may, on receipt of an application made under sub-rule (7) and on being satisfied about the adequacy and genuineness of the reason for the non-commencement of mining operations or discontinuance thereof, pass an order before the date on which the lease would have otherwise lapsed; extending or refusing to extend the period of the lease ;Provided that where the Sanctioning Authority on receipt of application under sub-rule (7) does not pass any order before the expiry of the date on which the lease would have otherwise lapsed, the lease shall be deemed to have been extended until the order is passed by the concerned authority or for a period of one year whichever is earlier.(10)Where non-commencement of the mining operation within a period of one year from the date of execution of the lease deed is on account of delay in-(i)acquisition of surface rights, or(ii)getting the possession of the leased area, or(iii)supply or installation of machinery, or(iv)getting financial assistance from banks or any financial institution,and if the lessee is able to furnish documentary evidence supported by a duly sworn-in-affidavit that there are sufficient reasons and/or reasons beyond their control for non-commencement of mining operations, the Sanctioning Authority may revoke the declaration/order through which the lease has lapsed.(11)The lessee shall, at his own expense erect and at all times maintain and keep in good repairs boundary marks and pillars necessary to indicate the demarcation shown in the plan annexed to the lease.(12)[........] [Omitted by Notification No. F-4-107-2000-XII-1, dated 24-11-2001.](13)The lessee shall keep correct accounts showing the quantity and other particulars of all minerals obtained from the mine, date wise quantities of despatches/consumptions from the lease hold, the price obtained for such minerals, the name of the purchaser, the receipts for money received, the number of persons employed therein and shall, allow all officers of the Directorate of Geology and Mining and any officer authorised by the Zila/Janpad/[Gram Sabha] [Substituted by Notification No. F-19-162-2000-XII-2, dated 20-3-2001.] in this behalf to examine at any time any accounts and record maintained by him and shall furnish to the Collector and respective Zila/Janpad/[Gram Sabha] [Substituted by Notification No. F-19-162-2000-XII-2, dated 20-3-2001.] such information and returns as he or it may require.(14)The lessee shall issue a transit pass in Form IX to accompany every carrier for every trip carrying mineral, or product or products from leased area. The transit pass shall be prepared in duplicate in book form. Original shall be given to the driver of the carrier after making the necessary entries. The Mining Officer shall issue the transit pass book duly stamped and signed by him on an application in Form VIII made by the lessee. The lessee shall surrender all previous duplicates of used transit pass books together with unused transit pass books issued to him before the royalty is paid by him under clause (b) of sub-rule (1) and fresh transit passes are issued. The Mining Officer will keep proper accounts of issued and used duplicate transit pass books and unused transit pass books deposited back by the lessee.(15)Whosoever transports minerals or their products like bricks, tiles, lime, dressed stone, blocks. Slabs, tiles, chips, stone dust and ballast etc. without a valid pass in form IX or if the transit pass is found to be incomplete distorted or tampered with, the Collector, Additional Collector, Chief Executive Officer of Zila/Janpad Panchayat and [officer authorised by the Gram Sabha] [Substituted by Notification No. F-19-162-2000-XII-2, dated 20-3-2001.]/Deputy Director, Mining Officer, Assistant Mining Officer or Mining Inspector may seize the mineral or its products together with all tools and equipment and the vehicle used for transport :[Provided that the provisions of this sub-rule shall not apply for the purposes of clause (i) of Rule 3.] [Inserted by Notification No. 19-53-87-XII-2, dated 19-6-1997.](16)The Collector, Additional Collector, Chief Executive Officer of Zila/ Janpad Panchayat and Gram Panchayat/Deputy Director, Mining Officer by an order in writing may impose a penalty up to Rs. Ten Thousand which in no case shall be less than rupees one thousand.(17)The seized mineral or its products, tools, equipment and vehicle may be released when the penalty so imposed is deposited by the offender.(18)If the penalty so imposed is not paid within 15 days from the date of the order, of imposing the penalty, all the minerals or its product, tools equipment and vehicles etc. so seized shall stand forfeited and shall become the property of the State Government.(19)The lessee shall submit the records and books of accounts for the purpose of assessment of royalty to the Assessing Authority concerned within thirty days from the 30th June/31st December or whenever demanded by the Assessing Authority concerned though a notice in writing. In case if he fails to do so, a penalty of rupees one thousand may be imposed for every month till he produces the said record.(20)The lessee shall-(a)Submit by the 10th day of every month to the Collector and Gram Panchayat a return in Form X giving the total quantity of mineral/ minerals raised, removed/consumed in previous calendar month;(b)Submit on or before 15th day of July and January to the Collector half yearly return for half year ending June and December in form XI;(c)Submit by the 31st January every year to the Collector a Statement giving information in Form XII regarding quantity and value of mineral/minerals raised/removed/consumed during last calendar year, average number of labourers employed (men and women separately), number of days worked(21)The lessee shall strengthen and support to the satisfaction of the Railway Administration or the Sanctioning Authority, as the case may be. any part of mine which its opinion requires such strengthening or support for the safety of any railway, bridge, national highway, reservoir, tank, canal, or any other public works or buildings.(22)If the lessee or his transferee or assignee does not allow entry or inspection under sub-rule (23) the Sanctioning Authority may cancel the lease and forfeit in whole or in part the security deposit paid by the lessee under Rule 25.(23)(i)The lessee shall allow officers authorised by the State or the Central Government and any officer authorised by the Zila/Janpad/[Gram Sabha] [Substituted by Notification No. 19-162-2000-XII-2, dated 20-3-2001.] to enter upon any building excavation or land comprised in the lease for the purpose of inspecting the same.(ii)Every owner, agent or manager of a quarry shall provide all necessary facilities to the persons deputed by the State Government for the purpose of undertaking research or training in matters relating to mining operations.(24)The lessee shall immediately give to the Director General of Mines Safety, Government of India, Dhanbad, the Controller General, Indian Bureau of Mines of Government of India, Nagpur and the District Magistrate of the District in which the mine is situated, a notice in writing in Form XIII appended to these rules, as soon as-(a)the working in the mine extends below superjacent ground;(b)the depth of any open cast excavation measured from its highest to the lowest point exceeds six metres; or(c)the number of persons employed on any day exceed 50; or(d)any explosive are used.(25)The State Government shall at all times have the right of pre-emption of the minerals won from the land in respect of which the lease has been granted:Provided that a fair market price prevailing at the time of pre-emption shall be paid to the lessee for all such minerals.(26)In case of breach by the lessee or his transferee or assignee of any of the conditions specified in sub-rale (1), (3), (4), (11), (12) or (13) of this rale, the Collector/Additional Collector shall give notice in writing to the lessee, or his transferee or his assignee asking him to show cause why he should not be penalised for the breach committed and directing him to remedy the breach within sixty days from the date of the notice and if the lessee or his transferee or assignee fails to show proper cause or if the breach is not remedied within such period the Sanctioning Authority, without prejudice to any other action, may determine the lease and forefeit the whole or part of the security deposit or in the alternative may receive from the lessee such penalty for the breach not exceeding four times the amount of the said half yearly dead rent as the lessor may fix.(27)In case of breach by the lessee or his transferee or assignee of any other conditions of the lease, the Sanctioning Authority may require the lessee to pay a penalty not exceeding an amount equivalent to twice the amount of annual dead rent.(28)A quarrying lease may contain such other conditions as the Sanctioning Authority may deem necessary in regard to the following, namely:-(a)the time limit, mode and place of payment of rents and royalties;(b)the compensation for damage to the land covered by lease ;(c)the felling of trees;(d)the restriction of surface operations in any area prohibited by any authority;(e)the notice by lessee for surface occupation;(f)the facilities to be given by the lessee for working other minerals in the leased area or adjacent area;(g)the entering and working in a reserved or protected forest;(h)the security pits and shafts;(i)the reporting of accidents;(j)the indemnity to State Government against claims of third parties;(k)the maintenance of sanitary conditions in the mining area;(l)the delivery of possession over lands and mines on the surrender, expiration or determination of the lease;(m)the forfeiture of property left after determination of the lease;(n)the pow er to take possession of plant, machinery, premises, and mines in the event of war or emergency;(o)the manner in which rights of third parties may be protected (whether by way of payment of compensation or otherwise) in cases where any such party is pre-judicially affected by reason of any mining operation;(p)the manner in which rehabilitation of flora and other vegetation such as trees, shrubs and the like destroyed by reason of any quarrying or mining operation shall be made in the same area or in any other areas selected by the State Government, (whether by way of reimbursement of the cost of rehabilitation or otherwise) by the person holding the quarry lease;(q)the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial rope ways, pipelines and making of passage for water for mining purposes on any land comprised in a quarry or to other mineral concessions.
