Section 18 in Gujarat Minor Mineral Concession Rules, 2017
18. Duties and obligations of the lessee.
- The lessee shall, subject to the provisions of rule 19, have the following duties and obligations:(1)Notice for opening of mine. - (a) The lessee shall send to the lease granting authority, an intimation in Form C of the opening of a mine so as to reach them within fifteen days of such opening.(b)The intimation in Form C sent under clause (a) shall be accompanied with a copy of the approved mining plan, - when the mine is being opened after expiry of a five year period from the date of approval of the mining plan.(2)No building etc., upon certain places. - The lessee shall not erect, place or set up any building or thing and shall not carry out any surface operations on, in or upon any public ground, burning or burial ground, house, village site, public road or place held sacred by any class of persons or any or other place which the Government may determine as a public ground.The lessee shall not carry on his operations in a manner that would injure or prejudicially affect any buildings, works, property or rights of other persons and no land will be used by the lessee for surface operations which is already occupied by persons other than the Government, for works or purposes not included in the quarry lease deed.(3)No interference. - The lessee shall not interfere with any right of way, well or tank.(4)Permission for surface operations in a land not already in use. - The lessee shall, prior to using any land for surface operations which has not already been used for such operations, give written notice of two calendar months to the Government specifying the name or other description of the situation and the extent of the land proposed to be so used and the purpose for which the same is required. The said land shall not be used by the lessee if any objection is issued by the Government within two months of receipt of the lessee's notice in this regard, unless the objections so stated shall on reference to the Government be annulled or waived.(5)Not to enter upon reserved forest. - The lessee shall not, without the express sanction of the Divisional Forest Officer, cut down or injure any timber or trees on the lease area but may, without such sanction, clear away any bush wood or under-growth which interferes with any of its operations.Notwithstanding the aforesaid, the lessee shall enter upon any reserved forest included in the lease area only after giving seven days previous written notice to the Divisional Forest Officer and after obtaining the written sanction of that officer and the lessee shall comply with such conditions as that officer may, in his absolute discretion, prescribe.The lessee shall pay such compensation as may be assessed by the Chief Conservator of Forests for any damage caused to the land in any area of the reserved forest on account of the mining operations carried out in such area.(6)No mining operations in certain areas. - Except with the written permission of the concern authority the lessee shall not carry on, or allow to be carried on, any mining operations at any point within a distance of:(a)fifty metres from any road (excluding a village road or other district road), notified reservoirs, canal, national highway, state highway, boundary of any railway line, public works, cities, towns, villages and other approved continuous habitations, if no blasting is involved; or(b)two hundred metres from any road, notified reservoirs, canal, national highway, state highway, boundary of any railway line, public works, cities, towns, villages and other approved continuous habitations, if blasting is involved, The aforesaid distance shall be measured (a) in the case of a railway line, horizontally from the outer edge of the cutting, (b) in the case of a canal or reservoir, horizontally from the outer toe of the bank or the outer edge of the cutting, as the case may be, and (c) in case of a building or any other structure for human habitation, horizontally from the plinth thereof. The lessee shall not carry on, or allow to be carried on, any mining operations 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. The written permission of the relevant authority may be conditional upon and subject to terms and conditions, in which case the lessee shall comply with all such terms and conditions.Provided that in case any specific guidelines, directions, circulars, etc., are issued with respect to any mineral, mineral category, area, operation or otherwise for the purpose of sustainable mining or environment or pollution related matters, and the same envisage stricter norms, guidelines, directions, etc., the same will also be applicable with respect to mining operations undertaken within the aforesaid limits.(7)To strengthen and support the quarry to necessary extent. - The lessee 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, as the case may be.(8)Facilities for adjoining Government licences, and leases. - The lessee shall allow reasonable facilities of access to any existing and future holders of Government licences or leases over any land which is comprised in or adjoins or is reached by the land held by the lessee:Provided that no substantial hindrance or interference shall be caused by such holders of licences or leases to the operations of the lessee 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 for any loss or damage sustained by the lessee by reason of the exercise of this liberty.(9)To pay rents, royalties, taxes, etc. - The lessee shall make payments as stipulated in rule 111 and Chapter XIV of the rules. In the event, taxes are payable, the lessee shall gross-up the amount payable and make payment of the aggregate amount.(10)To maintain and keep boundary marks. - The lessee shall at his own expense, erect, maintain and keep in good repair all boundary marks and pillars and sign boards according to the Act and the rules with respect to the manner of construction and upkeep of boundary pillars including the following:(a)the lessee shall get the measurement of the lease area by District Inspector of Land Records;(b)the lessee shall submit the copy of measurement sheet and shall establish the exact limitation marks as per the measurement sheet on the lease area and take care of the limitation marks/ stones;(c)the lessee should maintain a (sign) board with the schematic map, showing the measurements of the lease area. The expenses of this board preparation, arrangement and its maintenance in good condition shall be the responsibility of the lessee;(d)the lessee shall maintain the (sign) board at a proper place, in proper manner, easily visible to the visitors, during the whole lease period and should, for facilitating easy visibility of the notice board, remove the hindrances around it, like bushes, tree branches, shelters etc.;(e)the lessee must prepare, establish and maintain in good condition, the (sign) board and its facing, to indicate the landmarks of the lease area.The lessee shall arrange the landmark concrete pillars of 3' * 3' * 3' measurement for indicating the exact limitations of the lease area;(f)the lessee shall see that these concrete pillars are maintained in good condition during the entire quarry lease period. These concrete pillars should be painted with yellow colour for good visibility. The number of the pillar and the marks of latitude and longitude measurements of the pillar should be written in black colour;(g)except in the case of ordinary sand mineral, in case of all other minerals, the boundary of the lease area should be fenced properly; and(h)the District Geologist/ the District Assistant Geologist should provide the coordinates of the lease area and these coordinates should be clearly mentioned on the map of the quarry lease and the map of the quarry lease shall be kept by the lessee within the lease area at all times.(11)To commence operations within specified time, not to work in certain areas and to work in a workman like manner -(a)The lessee shall commence mining operations within the time period specified herein and in the mining plan. All mining operation shall be conducted by the lessee in a proper, skillful and workman-like manner and the lessee shall reduce waste and do careful storage of waste and removal of all valuable minerals within the quarry:Explanation. - For the purpose of this clause (a) of sub-rule (11) of rule 188, 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.(b)The lessee shall not, in the case of village roads (including any track shown in the revenue record as village road) and other district roads, allow any working to be carried on within a distance of ten metres of the outer edge of the cutting except with the previous permission of the Government in this behalf and otherwise than in accordance with such directions, restrictions and additions, either general or special, which may be attached to such permission.(12)To secure and keep in good condition pits, shafts. - The lessee shall during subsistence of the quarry lease, secure and keep open with timber or other durable means, all pits, shafts and workings that may be made or used in the lease area and make and maintain sufficient fences to the satisfaction of the Government around every such pit, shaft or working whether the same is abandoned or not. The lessee shall, during the same period, keep all workings in the lease area accessible, free from water and foul air as far as possible, except such area as may be abandoned.(13)Proper Maintenance of Trenches, Working Faces etc. - During the tenure of the quarry lease, the lessee shall take adequate steps to ensure that:(a)the height and width of trenches in open quarries are properly maintained to facilitate easy removal of the mineral and waste;(b)the working faces are always kept clean;(c)the minerals won are stacked in suitable dimensions and each stack is numbered; and(d)proper sanitation of the lease area is maintained.(14)To submit progress reports. - The lessee shall, in addition to the periodical returns prescribed herein, submit such progress reports as may be required by the Government along with representative samples and analysis of the mineral collected during the quarry operations, within such timelines as may be specified by the Government.(15)To Allow Inspection by Government. - (a) The lessee shall allow the Government or the officer authorised by the Government to enter upon buildings, excavation or land comprised in the quarry lease for the purpose of inspecting the same or inspecting any of the accounts, which he shall make available to the Government.The Government may issue such reasonable directions in writing as it may deem fit, to prevent wasteful extraction and ensure safety and conservation of the minor minerals and it shall be the duty of the lessee to carry out such directions within such period as the Government may specify.(b)The lessee shall also supply on demand of the Government, a composite plan of the lease area showing thickness, dip, inclination, etc., of all the seams as also the quantity of reserves quality-wise for minor minerals specified in Part A-II or Part B of Schedule III.(16)To report accidents. - The lessee shall send to the Government, without delay, a report of any accident causing death or serious bodily injury or serious injury to property or seriously affecting or endangering life or property which may occur in the course of its mining operations.(17)To keep record and accounts regarding production and employees etc. - The lessee shall keep accurate and faithful accounts showing the particulars of:(a)production and dispatch register, date-wise,(b)prices obtained for the minerals,(c)names of purchasers,(d)receipts for money received,(e)quantity of waste material excavated from the mine,(f)the number of persons employed and their nationality,(g)labour attendance register,(h)the wages paid,(i)complete plans of the quarry,(j)the unutilized or non-saleable subgrade ores or minerals for future beneficiation,(k)contributions made to the District Mineral Foundation,(l)payments made to the Government in terms of royalty, dead rent, auction premium, surface rent,(m)explosives consumption register,(n)details of expenditure incurred towards the mine closure activities,(o)bore hole logs along with the chemical analysis reports,(p)mineral analysis reports,(q)details of mining machinery, and(r)copies of all notices and returns, plans, sections and schemes submitted to the Government under these rules.The lessee shall allow the officer authorised by the Government, at all reasonable times, free access to enter into and to examine, take extracts or make true copies of, any accounts, plans and records maintained by him and shall furnish to the Government such information and returns as it may require.(18)Machinery and plant. - (a) Where heavy earth moving machinery is used in mines, the lessee shall maintain log books duly authenticated by the manager or mining engineer of such mines in respect of each machine showing date-wise account of hours worked, hours not worked, reasons for non-working, consumption of fuel/energy and lubricants and output of the machine during the corresponding working hours.(b)The summary of operation of each machine shall be recorded in the log book at the end of each month bringing out the percentage availability and percentage utilization of the machine, average hourly performance and average fuel/energy consumption per hour.(c)The log books may be maintained in electronic form or in hard copy and shall be made available to the officer authorised by the Government on demand.(19)To maintain plans, etc. - The lessee shall at all times during the quarry lease term maintain at the mine/quarry office correct intelligible up-to-date copy of the approved mining plan and complete plans and sections of the mines/quarries in the lease area. All plans, sections and tracings or copies thereof kept at the quarry shall be serially numbered or suitably indexed.Every plan, section or part thereof prepared pursuant to these rules shall carry thereon a certificate for its correctness and shall be signed by the mining engineer / geologist with date.Every copy of a plan and section or part thereof submitted or maintained pursuant to these rules shall bear a reference to the original plan or section from which it was copied and shall be certified thereon by the lessee, his agent, mining engineer, manager or geologist. The plans shall show all the operations and working and all the trenches, pits and drillings made by the lessee in the course of operations carried on by him under the quarry lease including all faults and other disturbances encountered.(20)To keep records of trenches, pits etc. - The lessee shall keep accurate records of all trenches, pits and drillings made by the lessee in the course of mining operations carried on by the lessee under the quarry lease and shall allow the Government to inspect the same. Such records shall contain the following particulars, namely:(a)the subsoil and strata through which such trenches, pits or drillings pass;(b)any mineral encountered; and(c)such other particulars as the Government may from time to time require.(21)To abide by the provisions of the law in force. - (a) The lessee shall at all times comply with the provisions of the Act, the rules and the quarry lease deed and shall abide by the provisions of any other applicable law for the time being in force and applicable to him including laws relating to mines and minerals and other matters affecting the safety, health and convenience of the lessee's employees or of the public. The lessee shall not carry on mining or other operations under the quarry lease in any way other than as prescribed under the quarry lease deed and these rules; and(b)The lessee has and shall continue to comply with all the terms and conditions of the Act, the rules, the Gujarat Mineral (Prevention of illegal Mining and Transportation and Storage) Rules, 2017, the mining plan and the tender document, as are required to be complied with by the lessee, with respect to lease area and the lessee shall continue to comply with all the eligibility conditions provided in the Act, the rules and the tender document during the quarry lease term.(22)To provide weighing machines. - The lessee shall cause the minerals specified in Part A-I of Schedule III to be weighed at the nearest weigh bridge. In the case of minerals specified in Part A-II or Part B of Schedule III, the lessee shall, unless specifically exempted by the Government in writing, provide and at all times keep at or near the pit head or each of the pit heads at which the minerals shall be brought to bank, a properly constructed and efficient weighing machine and shall from time to time, weigh or cause to be weighed thereon all the said minerals brought to bank, sold, exported and converted and also the converted products. The lessee shall at the close of each day cause the total weights, ascertained by such means of the said minerals, products raised, sold, exported and converted during the previous twenty four hours, to be entered in the books of accounts maintained by the lessee. The lessee shall at all times during the term of the quarry lease, permit the Government to employ any person or persons to be present at the weighing of the said minerals as aforesaid and to keep accounts thereof and to check the accounts kept by the lessee.(23)To allow testing of weighing machines. - The lessee shall at any time or times during the term of the quarry lease, allow any person or persons appointed in that behalf by the Government to examine and test every weighing machine to be provided and kept as specified in sub-rule (22) above and the weights used therewith in order to ascertain whether the same respectively are correct and in good repair and order. If upon any such examination or testing, any such weighing machine or weights shall be found incorrect or out of repair or order, the Government may require that the same be adjusted, repaired and put in order by and at the expense of the lessee. If such requisition is not complied with within fourteen days after the same has been made, the Government may cause such weighing machine or weights to be adjusted, repaired and put in order at the expense of the lessee. If upon any such examination or testing as aforesaid, any error is discovered in any weighing machine or weights to the prejudice of the Government, such error shall be regarded as having existed for three calendar months prior to the discovery thereof or from the last occasion of so examining and testing the same weighing machine and weights, in case such occasion is within the said period of three months, and the lessee make all the payments accounted for accordingly.(24)Not to light fire. - The lessee shall not light any fire upon the lease area if lying within the reserved forest areas except under such conditions as the Divisional Forest Officer may in writing specify and the lessee and his agents, workmen, employees etc., shall render prompt assistance in extinguishing any fire on the lease area or in their vicinity. The lessee shall be liable for all damage resulting from the fire caused by the act of or omission of lessee or his agents, workmen, employees etc., and shall pay such compensation for the said damage as may be assessed by the Divisional Forest Officer. The decision of the Divisional Forest Officer as to the amount of compensation payable by the lessee shall be final and binding.(25)Precautions for Protection of Environment and Control of Pollution. - The lessee shall take necessary precautions for the protection of the environment and control of pollution while conducting quarry operations in the lease area e.g. planting of trees, reclamation of mined land, use of pollution-control devices and such other measures as may be prescribed by the Central Government or Government from time to time.(26)Restoration of top soil. - If the lease area or part thereof are forest lands, the lessee shall take all steps to ease the slopes and restore top soil in lands worked out, exploited or mined and it shall be open to the Government to afforest such lands even during the continuance of the quarry lease.(27)Not to Use Minor Minerals for Major Mineral Purpose or any other purpose. - Without the prior permission of the Commissioner, the lessee shall not sell or dispose any of the minerals specified in Part A of Schedule III that are extracted under the quarry lease for a purpose which will classify them as major minerals.Where the Government reserves one or more minerals within a block for any particular end-use as specified in the tender document, the lessee shall use the minerals solely for the specified end-use and shall not sell or transfer or otherwise dispose the minerals either directly or indirectly.(28)To employ Indian nationals. - The lessee shall not employ in connection with the mining operations, any person who is not an Indian national except with the previous written approval of the Government.(29)Employment preference. - The lessee shall, in the matter of employment, give preference to the tribals and to the persons who become displaced because of the taking up of mining operations.(30)To vacate encroached area. - If the lessee is found to have encroached upon an area not included in the lease area, the Government shall issue a notice to vacate the area. The lessee shall vacate the area and stop excavation in the area immediately. The lessee shall also be liable to pay the fine specified by the Government which may extend up to one hundred per cent of royalty plus premium or an amount equal to the mineral value for the mineral excavated from such area, whichever is higher.(31)To reimburse expenses. - If the lessee fails to carry out or perform any of its obligations under these rules or the quarry lease deed within the time specified in that behalf, the Government may cause the same to be carried out or performed and the lessee shall pay the Government, on demand, all expenses incurred in this regard by the Government and the decision of the Government as to such expenses shall be final.(32)Removal of workings that are not to be delivered to the Government. - The lessee may erect on the lease area any structures, machinery, tramways etc., required for bona fide quarry purposes. The lessee may, after paying the rents, rates, royalties, auction premiums and any other payment payable under these rules or the quarry lease deed, on the surrender, expiry or termination of the quarry lease term or within six calendar months thereafter, whichever is earlier (unless the quarry lease is surrendered or terminated on account of default of the lessee, in which case the lessee shall not be entitled to take down and remove anything from the lease area) take down and remove for its own benefit, all or any mineral excavated during the currency of the quarry lease, 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 in or upon the lease area and which the lessee is not bound to deliver to the Government or which the Government does not desire to purchase.(33)Limited mining rights. - The lessee shall not be entitled to conduct the mining operations in any other area outside the lease area. The rights granted to the lessee to conduct mining operations are exclusive within the lease area.(34)Authorisations. - The lessee shall obtain and maintain all governmental approvals required for conducting the mining operations within the lease area and performing its obligations under the quarry lease. The Government shall undertake, on a no-obligation basis, to expeditiously provide all necessary approvals and assistance for conducting mining operations and as otherwise may be reasonably required by the lessee in relation to the rights granted to it under the quarry lease.(35)Geological and archaeological finds. - Other than rights to mine for the mineral(s), geological or archaeological rights shall not form part of the rights granted to the lessee hereunder or under the quarry lease deed and except in relation to the mineral(s), the lessee shall not have any mining rights or interest in the underlying minerals, metals, gas, oil, fossils, antiquities, structures or other remnants or things either of particular geological or archaeological interest and such rights, interest and property on or under the lease area shall vest in and belong to the Government under applicable law.The lessee shall take all reasonable precautions to prevent its workmen or any other person from removing or damaging such interest or property and shall inform the Government forthwith of the discovery thereof and comply with such instructions as the Government may reasonably give for the removal of such property.(36)No Claim against Government. - The Government shall be immune from the lessee's claims 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 quarry lease.(37)Erection of buildings. - The lessee or his transferees or assignees 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 under any such law within whose jurisdiction the lease area is situated.(38)Additional Conditions. - A quarry lease deed may contain such other conditions as the Government may deem necessary in regard to the following, namely:(a)the time-limit, mode and place of payment of rents, royalties and any other payments payable under the rules;(b)compensation for damage to land in respect of which the lease has been granted;(c)restrictions regarding felling of trees on unoccupied and unreserved Government land;(d)the restriction of surface operations in any area prohibited by any authority;(e)the notice by the lessee for surface occupation;(f)the provision of proper weighing machines and maintenance of weighing records;(g)facilities to be given by the lessee for working other minerals in the leased area or adjacent area;(h)the entering and working in a reserved or protected forest;(i)the securing of pits and shafts;(j)the reporting of accidents;(k)indemnity to Government against the claim of a third party for any damage, injury or disturbance caused to him by the lessee;(l)the delivery of possession of lands and mines on the surrender, expiration or termination of the lease;(m)the time limit for removal of any mineral, plant, machinery and other properties from the lease hold area after expiration, termination, surrender or abandonment of the quarry lease;(n)the forfeiture of property left after termination of the lease;(o)the power to take possession of the plant, machinery, premises and mines in the event of war or emergency;(p)filing of civil suits or petitions relating to disputes arising out of the area under lease:Provided that in case of a quarry lease granted through auction, the Government shall specify conditions relating to filing of such civil suits or petitions in the tender document for auction of the quarry lease;(q)the lessee shall abide by the provisions of any law for the time being in force and applicable to him relating to mines and minerals and other matters affecting the safety, health and convenience of the lessee's employees or of the public; and(r)such other special conditions which the Government may specify.
