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Bombay Presidency - Act

The Bombay Minor Mineral Extraction Rules, 1955

BOMBAY PRESIDENCY
India

The Bombay Minor Mineral Extraction Rules, 1955

Rule THE-BOMBAY-MINOR-MINERAL-EXTRACTION-RULES-1955 of 1955

Published on 28 December 1954
Commenced on 28 December 1954
[This is the version of this document from 28 December 1954.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Minor Mineral Extraction Rules, 1955Published vide Notification G.N., D.D., No. MNL-1154-M, dated 28th December, 1954 (B.G., 1955, Part 4-A, page 1)In exercise of the powers conferred by rule 4 of the Mineral Concession Rules, 1949, and all other powers enabling it in this behalf, the Government of Bombay is pleased to make the following rules for regulating the extraction of minor minerals, namely :-

Chapter I
General

1. Short title and commencement.

(1)These rules may be called by Bombay Minor Mineral Extraction Rules, 1955.

(2)They shall come into force from the first day of June, 1955.

2. Definitions.

(1)In these rules, unless there is anything repugnant in the subject or context,-

(i)"competent officer" means -

(a)in the case of lands in charge of the Forest Department of Government, the Divisional Forest Officer concerned :

[Provided that, the Divisional Forest Officer of the Division or the Sub-Divisional Forest Officer of an independent Sub-Division may be appointed to be a competent officer in respect of another Division or independent subdivision or any part thereof,] [Inserted by G.N. of 16.2.1960.]

(b)in the case of quarries in charge of the Public Works Department of Government, the Executive Engineer of the Division concerned :

[Provided that, the Executive Engineer of the Division may be appointed to be competent officer in respect of another Division or any part thereof,] [Inserted by G.N. of 16.2.1960.] and ,

(c)in other case, the Collector of the District concerned, or such other officer as may be appointed by the Government in that behalf :

[Provided that, the Collector of the District may be appointed to be a competent officer in respect of another district or any part thereof;] [Inserted by G.N. of 16.2.1960.]

(ii)"Director of Industries" means the Director of Industries, Bombay State;

(iii)"Government" means the State Government;

(iv)"quarrying lease" means a lease to mine, quarry, bore, dig and search for, win, work and carry away any minor mineral specified therein;

(v)"quarrying permit" means a permit granted under Chapter IV of these rules to extract and remove any minor mineral in specified quantities;

(vi)"specified minor mineral" means limestone, limeshell or such other minor mineral as may be specified by Government by notification in the Official Gazette.

(2)Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Mineral Concession Rules, 1949.

Chapter II
Grant of Quarrying Lease in respect of Land in which Minerals belong to Government

3. Restrictions on grant of quarrying lease.

(1)No quarrying lease shall be granted to any person other than an Indian citizen except with the prior approval of Government.

(2)No quarrying lease shall be granted in respect of any specified minor mineral, except with the prior approval of the Director of Industries.

(3)No quarrying lease shall be granted in respect of lands notified by Government as reserved for use of Government, local authorities or for any other public or special purposes.

(4)[ If the State Government is of opinion that it is necessary or expedient so to do, for securing or maintaining proper sanitation or public health, or the orderly development of any area, or for any like purpose, it may, by order in the Official Gazette, prohibit the granting of a quarrying lease to any person, in such area.] [Inserted by G.N. of 28.6.1968.]

4. Application for quarrying lease.

(1)Every application for a quarrying lease in respect of any land in which the minerals belong to Government shall be made to the competent officer and shall contain the following particulars

(a)

(i)If the applicant is an individual, his name, nationality, profession and, residence; and

(ii)If the applicant is a company, syndicate, partnership or private firm, its name, nature and place of business and place of registration or incorporation;

(b)A description illustrated by a map or plan showing as accurately as possible the situation, boundaries and area of the land in respect of which the quarrying lease is required;

(c)The minor mineral or minerals which the applicant intends to extract;

(d)The purpose for which the extracted minor minerals are to be used;

(e)The period for which the quarrying lease is required;

(f)The areas and minor minerals within the State of Bombay in respect of which the applicant or any person joint in interest with him already holds a quarrying lease.

Explanation. - A map or plan referred to in item (b) shall give sufficient information to enable identification of the area in respect of which the lease is required.

(2)Every application shall be accompanied by a fee of [Rs. 100] [Substituted by G.N. of 9.11.1984.] and by certified copies of the relevant extracts of the Record of Rights pertaining to the lands in respect of which the quarrying lease is applied for and also by a certificate of financial standing of the applicant from a Revenue Officer not below the rank of a Mamlatdar or from any banking company in this State as defined in the Banking Companies Act, 1949, or a co-operative bank registered under the Bombay Co-operative Societies Act, 1925 :[Provided that, an application for a quarrying lease for ordinary clay by village potters or makers of bricks or tiles shall, where the area of the lease does not exceed five acres and the period thereof does not exceed five years, be accompanied by a fee of [Rs. 55] [Added by G.N. of 9.10.1959.],

5. Grant of quarrying lease and execution of lease.

(1)On receipt of an application under rule 4, the competent officer on making such inquiries as he deems fit may sanction the grant of a quarrying lease to the applicant or refuse to sanction it.

(2)Where a [quarrying] [Substituted by G.N. of 30.11.1955.] lease is granted under sub-rule (1), the formal lease shall be executed within three months of the order sanctioning the lease and if no such lease is executed within the aforesaid period, the order sanctioning the lease shall be deemed to have been revoked :Provided that, where the competent officer is satisfied that the applicant for lease is not responsible for the delay in the execution of the formal lease, he may permit the execution of the formal lease after the expiry of the aforesaid period of three months.

6. Refund of application fee.

- If the competent officer refuses to grant the quarrying lease applied for or if the applicant refuses to accept the lease on account of any special condition imposed therein under sub-rule (3) of Rule 18, the fee shall be refunded.

7. Intimation of refusal to be given.

- When an application for a quarrying lease is refused by the competent officer, he shall inform in writing the applicant accordingly.

8. Register of applications.

- A register of applications for quarrying leases shall be maintained by each competent officer specifying therein the following particulars : -

(i)Name of the applicant;

(ii)Address of the applicant;

(iii)Particulars of the land applied for and its area;

(iv)Minor mineral or minerals which the applicant desires to extract;

(v)Period for which quarrying lease is required;

(vi)Action taken on the application and date of orders.

9. Security deposit.

- The applicant shall, before the quarrying lease is granted, deposit as security a sum equal to 50 per cent of the annual dead rent fixed for the lease for due observance of the terms and conditions of the lease.

10. Survey of area leased.

- When a quarrying lease is granted by the competent officer, arrangements shall be made at the expense of the lessee for the survey and demarcation of the area granted under the lease.

11. Register of quarrying leases A register of quarrying leases shall be maintained by each competent officer specifying the following particulars.

-A. (i) Name of the lessee and his address;

(ii)Particulars and area of the land in respect of which the lease has been granted and the period of the lease,

(iii)Date on which the lease is granted;

(iv)Date on which formal lease is executed;

(v)Rates of royalty, surface rent and dead rent;

(vi)Minor mineral or mineral's for which the lease is valid;

(vii)Amount of security deposit;

B. (i) Date of renewal,

(ii)Period of renewal,

(iii)Total area under renewal;

(iv)Minor mineral or minerals for which renewed lease is valid;

(v)Rate of royalty;

(vi)Rate of surface rent;

(vii)Rate of dead rent;

(viii)Amount of security deposit:

C. Date of determination of the lease.

12. Inspection of register.

- The register maintained by competent officers under rules 8 and 11 shall be open to inspection by any person, no payment of a fee of [Rs. 10] [Substituted by G.N. of 9.11.1984.].

13. Restrictions on area of quarrying lease.

(1)Except with the prior approval of the Government, no quarrying lease shall be granted in the case of specified minor minerals for an area exceeding 50 acres and in the case of other minor minerals for an area exceeding 150 acres.

(2)No lessee by himself or with any person joint in interest with him shall hold in the aggregate more than 3 square miles of area under lease in respect of one minor mineral or a group of minor minerals within the State of Bombay.Explanation. - For the purposes of this sub-rule the three square miles of area shall be inclusive of the area taken on lease in respect of minor minerals from private individual situated within the State of Bombay.

(3)Subject to the limits prescribed in these rules, the competent officer may grant a quarrying lease for the whole or any part of the area applied for, and if he refuses to grant a quarrying lease for the whole area, the reasons for such refusal shall be recorded by him in writing;

(4)The area under any quarrying lease shall be in a compact block, unless the competent officer directs otherwise.

14. Length and breadth of lease area.

- The length of an area held under a quarrying lease shall not exceed four times its breadth :Provided that, Government may in any particular case relax the provision of this rule.

15. Boundaries below surface.

- The boundaries of the area covered by a quarrying lease shall run vertically downwards below the surface towards the centre of the earth.

16. Period of quarrying lease.

(1)The period for which a quarrying lease may be granted shall not, except with the approval of Government, exceed 10 years. The lease shall be renewable at the option of the lessee for one period not exceeding the duration of the original lease.

(2)At the time of renewal of the lease, the lessee shall be entitled the surrender any part of the leased area.

(3)When renewal is granted -

(i)royalty and surface rent shall be charged at the rates in force at the time of the renewal; and

(ii)dead rent shall be charged at such rates as-the Collector may fix within the limits specified in Schedule II lo these rules in force at the time of the renewal.

(4)[ (i) An application for renewal of the lease shall be made at least sixty days before the date of expiry of lease and shall be accompanied by a fee of [Rs. 100] [Inserted by G.N. of 22.10.1971.],

(ii)Where the renewal of the lease is refused, in respect of any part or the whole of the lease area, the reasons therefor, shall be recorded in writing and communicated to the applicant.

(iii)If an application for renewal of a lease has been made within the prescribed period, but is not disposed of before the date of expiry of the lease, the period of lease shall be deemed to have been extended by a further period of three months or till such date on which the applicant is informed about the refusal to grant The renewal of the lease.]

17. Transfer of quarrying lease.

- The lessee may, with the previous sanction of the competent officer, and subject to the conditions specified in sub-rule (2) of rule 13 and rule 14, transfer his lease or any right, title or interest therein to any person on payment of a fee of [Rs. 200] [Substituted by G.N. of 9.11.1984.] to Government :Provided that, if the lease was granted with the prior approval of Government or the Director of Industries, the transfer also shall be made with the prior approval of Government or the Director of Industries, as the case may be :[Provided further that, no lease or permit granted to a Co-operative Labour Contract Society in pursuance of a direction made under rule 39B shall be transferred except to another such society.] [Added by G.N. of 8.10.1973.]

18. Conditions.

(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.

(2)A quarrying lease may contain such other condition as the competent officer may deem necessary in regard to the following :-

(i)Time limit, mode and place of payment of rents and royalties;

(ii)Compensation for damage to the land covered by the lease;

(iii)Felling of trees;

(iv)Restriction of surface operations in any area prohibited by any authority;

(v)Notice by lessee for surface occupation;

(vi)Providing for proper weighing machine;

(vii)Facilities to be given by the lessee for working other minerals in the leased area or adjacent areas;

(viii)Entering and working in a reserved or protected forest;

(ix)Securing pits and shafts;

(x)Delivery of possession over lands and mines on the surrender, expiration or determination of the lease;

(xi)Forfeiture of property left after determination of lease;

(xii)Power to take possession of plant, machinery, premises and mines in the event of war or emergency.

(3)A quarrying lease may contain any other special conditions which the competent authority may specify subject to the approval of Government.

19. Rights of lessee.

- Subject to the conditions mentioned in rule 18, the lessee shall have the right, for the purpose of his mining operations, to-

(1)work mines or quarries;

(2)sink pits and shafts and construct buildings and roads;

(3)erect plant and machinery;

(4)quarry and obtain building and road materials and make bricks;

(5)use water and take timber;

(6)use land for stacking purpose;

(7)do any other thing specified in the lease.

20. Right to determine lease.

- The lessee may determine the lease at any time by giving not less than six months' notice in writing to the competent officer.

Chapter III
Grant of Quarrying Lease in respect of Land in which Minerals belong to private Persons

21. Applicability of this Chapter.

- The provisions of this Chapter shall apply to quarrying leases granted by private persons.

22. Restrictions on grant of quarrying lease by private persons.

- A quarrying lease granted by a private person shall be subject to the restrictions prescribed in rules 3, 13(1), (2) and (4), (14) and 16(1) and shall be subject to the following conditions

(a)the provisions of clauses (i), (ii), (iii), (iv), (vii), (viii), (ix), (x), (xi), [(xi-a)] [Inserted by G.N. of 27.1.1968.], (xii), (xiii), (xiv), (xvii) and (xviii) of sub-rule (1) of rule 18 shall apply to such lease with the modification that in clause (ii) and (iii) for the word "Collector" and in clause (vii) for the words "Competent Officer" and "Director of Industries" the word "lessor" shall be substituted.

(b)The lessee may determine the lease at any time by giving not less than six month's notice in writing to the lessor.

(c)The lease may contain such other conditions as may be agreed upon between the parties.

23. Submission of copy of lease.

- Every person obtaining a quarrying lease from a private person shall, within three months of the grant of such lease or execution of such lease, submit to the Collector in whose jurisdiction the area or areas covered by such lease is or are situated a certified copy of the lease.

24. Communication of transfer of assignment.

- Every transferee or assignee of a quarrying lease or of any right, title or interest therein, shall, within one month of such transfer or assignment, inform the Collector within whose jurisdiction the area or areas covered by such lease is or are situated, of the transfer or assignment and of the terms and conditions of such transfer or assignment.

25. Prohibition of premium.

- No person in granting or transferring a quarrying lease or any right, title or interest in any such lease, shall charge any premium in addition to or in lieu of the surface rent, dead rent or royalty specified in such lease or such proportionate part of such fee, rent or royalty as is payable in respect of the right, title or interest transferred.

26. Annual returns and statements.

- Every private person granting a quarrying lease shall furnish annually to the Director of Industries such returns and statements, within such period as the Director of Industries may direct.

27. Penalty for granting quarrying lease in contravention of these rules.

- If any private person grants a quarrying lease in contravention of any of the provisions of this Chapter or accepts any premium in contravention of rule 25, he shall be punishable with imprisonment which may extend to three months or with fine which may extend to Rs. 1,000 or with both and the lease so granted shall be void.

28. Penalty for failure to furnish returns, etc.

- Should any lessee or his transferee or assignee fail to furnish the documents or information or returns as specified in rule 23 or 24 or refuse or inspection by any officer authorised by Government or the competent officer or the Director of Industries, under clause (xiii) of sub-rule (1) of rule 18, he shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to Rs. 500 or with both.

Chapter IV
Grant of Quarrying permits in respect of Land; in which Minerals belong to Government

29. Grant of quarrying permits.

- On an application made to him, the Competent Officer may grant a quarrying permit to any person to extract and remove from any specified land within the limits of his jurisdiction any minor mineral not exceeding in quantity 10,000 brass under any one permit, on payment of such royalties as the competent officer may fix but not exceeding the royalties calculated at the rates specified in Schedule 1 to these rules and also on payment of such land revenue and cesses as may be assessable on the lands :Provided that, the competent officer may refuse to grant such permit for reasons to be recorded in writing.

30. Application for quarrying permit.

(1)An application for a quarrying permit shall contain the following particulars

(i)Name, address and profession of the applicant.

(ii)Quantity of the minor mineral for which the permit is required.

(iii)Name of the minor mineral to be extracted and removed.

(iv)Description of the lands from which the minor minerals is to be extracted and removed.

(v)Purpose for which the minor mineral is to be used.

(2)Every application for a quarrying permit shall, if the lands from which the minor mineral is to be extracted are occupied lands, be accompanied by a letter from the occupant of such lands to the effect that he has no objection to the extraction of the mineral by the applicant.

(3)Every application shall be accompanied by certified true copies of the relevant extracts of the Record of Rights in respect of the lands from which the minor mineral is proposed to be extracted and removed.

31. Application fee .

- The application shall be accompanied by a fee of [Rs. 25] [Substituted by G.N. of 9.11.1984.]. If the competent officer refuses to grant the permit applied for, the fee shall be refunded :[Provided that, in the case of an application for extracting and removing a minor mineral not exceeding 10 brass in quantity the fee shall be [Rs. 5] [Added by G.N. of 30.12.1957.].[Provided further that, in the case of an application for extracting and removing ordinary clay not exceeding 1,000 brass in quantity by village potters or makers of tiles or bricks, the fee shall be [Rs. 5] [Added by G.N. of 9.10.1959.].

32. Conditions on which the quarrying the permit shall be granted.

(1)

(a)Every quarrying permit granted under rule 29 shall contain a condition that the depth of the pit below the surface shall not exceed 20 feet.

(b)Any quarrying permit granted under rule 29 may contain such other conditions as the officer granting the permit may deem necessary in regard to the following matters :-

(1)Time limit, mode and place of payment of rents and royalties.

(2)Compensation for damage to the land covered by the permit.

(3)Felling of trees.

(4)Restriction of surface operation in any area prohibited by any authority.

(5)Entering and working in any reserved or protected forest.

(6)Reporting all accidents.

(7)Indemnity to Government against claims of third parties.

(8)Period within which the minor mineral shall be extracted and removed and delivery of possession over lands on the expiry of such period or on the removal of the quantity of the minor mineral for which the permit is valid.

(9)Forfeiture of property left after cancellation of the permit.

(10)[ Plugging of bore holes and filling up or fencing all excavations in the land covered by the permit before delivery of possession over lands on the expiry of the period specified in item (8) or on cancellation of the permit.] [Added by G.N. of 19.7.1958.]

(2)In case of breach of any of the conditions subject to which the permit is granted, the competent officer may cancel it. On cancellation of the permit, the quarried materials lying on the land from which they are extracted shall become the absolute property of the Government.

Chapter V
[Appeal, Revision and Review] [Substituted by G. N. of 8.10.1973.]

33. [Appeal.] [Substituted by G.N. of 8.10.1973.]

- Any person aggrieved by an Order of competent officer-

(i)refusing to grant a quarrying lease or permit,

(ii)determining or cancelling such lease or permit,

(iii)refusing to permit transfer of a quarrying lease,

may within two months of the date of such order, [appeal to Government] [Substituted by G.N. of 8.10.1973.].

34. [Fee.] [Substituted by G.N. of 8.10.1973.]

- [The appeal] [Substituted by G.N. of 8.10.1973.] under rule 33 shall be accompanied by a fee of [Rs. 50] [Substituted by G.N. of 8.10.1973.].

35. [ Powers of State Government to call for and examine records and proceedings. [Substituted by G.N. of 8.10.1973.]

- The State Government may call for and examine the records of any enquiry or the proceedings of any competent officer for the purpose of satisfying itself, as to the legality or propriety of any decision or order passed and as to the regularity of the proceedings of such officer :Provided that, the State Government shall not vary or reverse an order affecting any question of right between private persons without giving to the parties an opportunity to be heard.

36. Review.

(1)The State Government or the competent officer may, either suo motu or on the application of any party interested, review any order passed by itself or himself or any of its or his predecessors in office and such orders in reference thereto as it or he thinks fit :Provided that -

(i)no order shall be varied or reversed without giving the parties an opportunity to be heard;

(ii)[ no order from which an appeal has been made, or which is the subject of any revision proceedings shall, so long as such appeal or proceedings are pending, be reviewed.] [Substituted by G. N. of 9.11.1984.]

(2)No order shall be reviewed except on the following grounds, namely:-

(i)discovery of new and important matter or evidence;

(ii)some mistake or error apparent on the face of the record; or

(iii)any other sufficient reason.

(3)An order which has been dealt with in appeal or in revision shall not be reviewed by the competent officer.

(4)Orders passed in review shall on no account be reviewed.]

Chapter VI
Miscellaneous

37. Interpretation of quarrying lease.

- Every quarrying lease shall provide for the submission by the lessee of any question or dispute regarding the lease or any other matter or thing, construction of a term or condition in the lease or anything connected with the quarries or minor minerals specified in the lease, or the working or non-working of the quarry, the amount of payment of royalty or dead rent or its mode of payment to the Competent Officer, for the decision of Government which shall be final and binding on the lessee.

38. Application of these rules to renewal.

- Where a quarrying lease or any other concession for quarrying of a minor mineral or minerals granted before the commencement of these rules is renewed after such commencement, these rules shall apply in relation to such renewal as they apply in relation to the renewal of a quarrying lease granted after such commencement.

39. Relaxation of rules in special cases.

- In any case [or class of cases] [Inserted by G.N. of 25.7.1957.] in which the Government is of the opinion that public interest so requires, it may'- authorise the grant of a quarrying lease or a quarrying permit on the terms and conditions other than those prescribed in these rules.

39A. [ Disposal of minor mineral by public auction in certain cases. [Inserted by G.N. of 25.7.1957.]

- Notwithstanding anything contained in the foregoing provisions, it shall be lawful for a Competent Officer to sell by public auction or otherwise dispose of the right to remove any minor mineral in such cases or class of cases and on such terms and conditions as the State Government may by a general or special order specify.]

39B. [ Power of State Government to give directions. [Inserted by G.N. of 8.10.1973.]

- Notwithstanding anything contained in the foregoing provisions of these rules if the State Government is of opinion that if is necessary so to do in the interest of labourers who work in mine, the State Government may by an order in the Official Gazette either direct that in the matter of grant of quarrying lease or quarrying permits, under these rules preference may be given to Co-operative Labour Contract Societies registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960, consisting of such labourers or reserve any area specified in the order in which such leases or permits may be granted to such Societies only.]

39C. [ [Rule 39-C was inserted by G.N. of 28.9.1998.]

Notwithstanding anything contained in the foregoing provisions of these rules it shall not be lawful for a competent officer to grant prospecting licence or mining lease for minor minerals in the Scheduled Areas or to grant concession for exploitation of minor minerals by auction or otherwise dispose of the right to remove any minor minerals in such case or class of cases in Scheduled Areas except with the prior recommendation of panchayat or Panchayat Samiti or Zilla Parishad as the case may be.Explanation. - For the purpose of this provision. -

(i)the expressions "Panchayat" and "Scheduled Areas" shall have meanings, respectively assigned to them in the Bombay Village Panchayats Act, 1958.

(ii)the expressions "Panchayat Samiti" and "Zilla Parishad" shall have meanings respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.]

40. Saving.

- Nothing in these rules shall affect the provisions of rules 67, 68, 69 70 and 77 of the Land Revenue Rules, (1921).[Schedule I] [Schedule 1 was substituted by G. N. of 18.6.1992.](Rate of Royalties)(See rules 18, 22 and 29)

Sr. No.	Mineral	Rate of Royalty
(1)	(2)	(3)
1.	Limestone and limeshell used in Kilns for manufacture of limeused as building material.	Rs. 12.50 per metric tonne or Rs. 50.00 per brass.
2.	All stones removed irrespective of size including stone dusteither by excavation or collection.	Rs. 37.50 per metric tonne or Rs. 150.00 per brass.
3.	(a) Shingle, Gravel, Murrum, Kankar all removed either byexcavation or collection.	Rs. 37.50 per metric tonne or Rs. 150.00 per brass.
	(b) Chaleedony pebbles used for ball mill purposes only.	Rs. 25.00 per metric tonne or Rs. 100.00 per brass.
	(c) Ordinary sand not used for following prescribed purposes:-	Rs. 37.50 per metric tonne or Rs. 150.00 per brass.
	(i) purposes of refractory andmanufacture of ceramic.
	(ii) metallurgical purposes.
	(iii) optical purposes.
	(iv) purposes of stowing in coalmines.
	(v) for manufacture of silvicretecement.
	(vi) for manufacture of sodiumsilicate.
	(vii) for manufacture of potteryand glass.
4.	(a) Ordinary clay used by village potters.	Rs. 12.50 per metric tonne or Rs. 50.00 per brass.
	(b) Ordinary clay, when used for manufacture of tiles(Mangalore pattern or any other purposes).	Rs. 18.75 per metric tonne or Rs. 75.00 per brass.
5.	Ordinary earth used as filling.	Rs. 12.50 per metric tonne or Rs. 50.00 per brass.
6.	Salte and shale when used for building material.	Rs. 37.50 per metric tonne or Rs. 150.00 per brass.
7.	Earth, Silt and all type of clays etc. used for manufactureof bricks and other purposes.	Rs. 12.50 per metric tonne or Rs. 50.00 per brass.
8.	Fuller's earth or Bentonite.	Rs. 37.50 per metric tonne or Rs. 150.00 per brass.
9.	All other minor minerals (Except decorative stones i.e.granite, etc.).	Rs. 12.50 per metric tonne or Rs. 50.00 brass.

[Schedule II] [Substituted by G.N. of 9.11.1984.]Limits of Dead Rents(See rules 16 and 18)Per half hectare and portion thereof

			Minimum	Maximum
			Rs.	Rs.
I.	Specified Minor Minerals	...	10	25
II.	All other Minor Minerals	...	5	10.

NotificationsG.N. D.D., No. MNL. 1154/(b)-M, dated 30th November, 1955 (B.G., Part IV-B, page 1985) - In exercise of the powers conferred by sub-clause (c) of clause (i) of sub rule (1) of rule 2 of the Bombay Minor Mineral Extraction Rules, 1955, the Government of Bombay hereby appoints the following officers, to be competent officers for the purposes of Chapter IV of the said rules, namely:-

1. Mamlatdars and Mahalkaris, in cases where the quantity of minor mineral to be extracted and removed from any specified land within the limits of their respective jurisdiction does not 100 brass.

2. Assistant and Deputy Collectors, in cases where the quantity of minor mineral to be extracted and removed from any specified land within the limits of their respective jurisdiction does not exceed 1,000 brass.

G.N., I. & C. D., No. MNL. 2159/154468-MNG, dated 19th February, 1960 (B.G., Part IV-B, page 214) - In exercise of the powers conferred by the proviso to sub-clause (c) of clause (i) of sub-rule (1) of rule 2 of the Bombay Minor Mineral Extraction Rules, 1955, the Government of Bombay hereby appoints the Collector of Thana to be also Competent Officer in respect of the Alibag, Pen, Panvel and Karjat Talukar and Uran Mahal of the Kolaba District, in so far as the removal of sand and clay is concerned.G.N., I. & L.D., No. MMR. 2164/70746-MNG, dated 6th August, 1966 (M.G., Part IV-A, page 586) - In exercise of the powers conferred by sub-section (1) of section 15 of the Mines and Minerals (Regulation and Development) Act, 1957, and all other powers in this behalf, the Government of Maharashtra is pleased in suppression of the present rates, to direct that the rates of royalty on minor minerals removed from areas in the State granted under quarrying leases or permits of any other nature, shall be as follows, namely :-

Mineral	Rates of royalty
Limestone Limeshell.	10 per cent, of the sale value at the pit's mouth subject toa minimum of 75 paise per metric tonne of limestone or of slakedlime and minimum or Re. 1 per metric tonne of unslaked lime.
All other minor minerals	10 per cent, of the sale value at the pit's mouth subject tominimum of Re. 1 per metric tonne.

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