Section 75 in Haryana Minor Mineral Concession, Stocking, Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
75. Procedure for dealing with 'Breach' conditions and the penalties.
(1)A breach of any of the conditions of grant of a mineral concession or violation of any of the conditions relating to permission or clearance to undertake mining by any authority shall be dealt as under:-(i)the Director shall, upon inspection by himself or any officer of the department or on reporting of any violation amounting to breach by any other competent authority, issue a notice to the mineral concession holder to show cause within the period specified therein as to why the mineral concession be not prematurely terminated along with forfeiture of the amount of security, in full or part thereof, and forfeiture of the mineral already excavated while undertaking said operations;(ii)on receipt and examination of the reply of the mineral concession holder, the Director may, on his satisfaction that the breach was either not entirely due to fault on the part of the concession holder or was beyond his control or the same had actually not been committed, settle the notice with such caution as deemed appropriate with or without any further directions;(iii)where the mineral concession holder admits to the breach having been committed on his part and promises to remedy the breach conditions in his reply and requests for grant of time, and the Director is satisfied with such promise, he may grant time as deemed proper for implementation of the remedial measures with or without a surety;(iv)in case the Director prima facie forms an opinion on examination of the reply of the mineral concession holder that the breach is of a recurring or continuing nature, he may order suspension of the mining operations with immediate effect along with a ban on dispatch of the mineral from the site or any other related activity in the mine;(v)In case the Director is not satisfied with the reply submitted by the mineral concession holder, the Director may terminate the mineral concession with or without forfeiture of the security amount in whole or part thereof along with forfeiture of the mineral already excavated while undertaking said operations. However, no such order shall be passed without affording an opportunity of show cause and representation to the mineral concession holder.(2)Wherever an order is passed under clause (v) of sub-rule (1) above against a mineral concession holder, he or the partnership firm in which he may be a partner, or the company in which he may be a Director, may be de-barred for the grant of a fresh mineral concession for a period of five years from the date of passing such order.Chapter - 12 Mines and Mineral Development, Restoration and Rehabilitation Fund
