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State of Bihar - Section

Section 21 in Bihar Minor Mineral Concession Rules, 1972

21. Conditions.

(1)Every mining lease shall be in Form "D" or in a Form as near thereto as circumstances of each case may require.
(2)The conditions embodied in Form "D" shall be deemed to be conditions imposed under this Rule.
(3)The Collector may impose such other conditions as he deems necessary in regard to the following, namely:-
(a)The time limit, mode and place of payment of rents and royalties;
(b)[ The lessee shall pay to the occupier of the surface of the land such compensation as may become payable under these Rules.] [Substituted by S.O. 1063 dated 16.10.1989.]
(c)[ The lessee shall take such measures for planing in the same area or any other area selected by the Central or State Government not less than twice the number of trees destroyed by reason of any mining operation or to the extent possible, the restoration of flora and other vegetation destroyed by such operation.] [Substituted by S.O. 1063 dated 16.10.1989.]
(d)The restriction of surface operations in any area prohibited by any authority;
(e)The notice by lessee for surface occupation;
(f)The provision of proper weighing machines;
(g)The facilities to be given by the lessee for working other minerals in the leased area or adjacent area;
(h)The earning and working in a reserved or protected forest;
(i)The reporting of accidents;
(j)The securing of pits and shafts;
(k)The indemnity to Government against claims of third party;
(l)The delivery of possession of 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 power to take possession of plant, machinery, premises and mines in the event of war or emergency.
(o)[ The lessee shall not pay a wage lesser than the minimum wage prescribed by the Central or State Government from time to time under the Minimum Wages Act, 1948.] [Inserted by S.O. 1063 dated 16.10.1989.]
(4)The Collector, if he is of the opinion that in the interest of mineral development it is necessary so to do, may, in any case with the previous approval of the Government, impose such further conditions as he thinks fit.
(5)[ If the lessee makes default in payment of rent/royalty as required by Rule 26 or commits breach of any of the conditions referred to in this Rule or embodied in the mining lease Form "D" the Competent Officer shall give notice to the lessee requiring him to pay the rent/royalty or remedy the breach as the case may be within 30 days from the date of the receipt of the notice and if the rent/royalty is not paid or the breach is not remedied within such period, the Collector may without prejudice to any proceeding that may be taken against the lessee, determine the lease and forfeit the whole or part of the security deposit.] [Inserted by S. O. 199 dated 3.3.1988.]