Section 44 in Rajasthan Minor Mineral Concession Rules, 2017
44. Conditions of royalty collection contract and excess royalty collection contract.
- Conditions of royalty collection contract and excess royalty collection contract shall be following; -(1)The contractor shall make his own arrangements for collection of royalty and other permissible charges.(2)The royalty receipt shall be in Form -23 or Form -24, as the case may be, duly stamped and issued by the Mining Engineer or Assistant Mining Engineer concerned.(3)The contractor shall collect the royalty as far as possible, close to lease or licence area and if not possible or practical then at any other place near the lease or licence area but within the jurisdiction of the contract area:Provided that such places shall only be established after prior approval in writing from the Mining Engineer or Assistant Mining Engineer concerned on an application with payment of rupees one thousand (non-refundable) for every place for which permission is required. The Mining Engineer or Assistant Mining Engineer may refuse to grant permission for reasons to be recorded in writing for any particular place and shall communicate to the contractor.(4)The contractor shall issue valid royalty receipts in Form -23 or Form -24 for the amount of royalty or excess royalty, permit fee or other charges collected for every dispatch of the said mineral and shall fill all the columns of the receipt. The contractor shall, give first copy of receipt to the in-charge of the vehicle, submit second copy of the receipt to the Mining Engineer or Assistant Mining Engineer concerned and shall retain third copy with him.(5)The excess royalty collection contractor shall collect excess royalty only from such vehicles which are having valid rawanna issued by the lessees. The contractor shall retain second copy of the rawanna with him and shall return first copy after stamping to vehicle owner. The contractor shall deposit second copy of rawanna with second copy of receipt issued by him with monthly statement in Form -26 to the Mining Engineer or Assistant Mining Engineer concerned.(6)The contractor shall not recover any royalty from the vehicles having royalty paid rawanna issued against yearly dead rent:Provided that after weighment, if any quantity of mineral is found in excess of weight mentioned in rawanna, contractor may recover the royalty of such excess weight.(7)The contractor shall not recover any royalty, if the mineral specified in the contract is used by the State Government Departments themselves under a valid short term permit or permit granted by the Mining Engineer or Assistant Mining Engineer concerned.(8)The contractor shall not recover royalty and/or permit fee from short term permit or permit issued under these rules and same shall not be adjusted against the contract amount.(9)The royalty shall be collected on the dispatch of minor minerals from the area specified in the contract and not on minor minerals brought from outside the contract area or from the major mineral leases.(10)The contractor shall not recover royalty and/or permit fee for the minerals used in construction, repair or renewal of National, Mega Highways, Four or Six lane roads, laying and repair of Railway Tracks. For construction or repair of such works, a separate short term permit shall be issued [to the works contractor and if the mineral is obtained from existing leases, separate paid rawanna for the aforesaid purpose shall be issued by the Mining Engineer or Assistant Mining Engineer concerned to the lessee, Royalty or Excess royalty and/or permit fee received from such works contractor shall be adjusted against the contract amount.] [Substituted 'to the works contractor' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).](11)No royalty shall be recovered on the minor minerals removed from the areas which are not working pits of a lessee or licencee as provided in rule 74.(12)The contractor shall not recover any royalty and/or permit fee from the minerals used in special works or schemes as specified by the Government, from time to time.(13)The contractor shall submit online monthly statement of royalty collection and/or excess royalty collection with, or without permit fee or other charges in the Form -25 and Form -26 respectively within fifteen days.(14)Where the contractor recovers royalty or other charges in excess of the specified rates, the excess amount so collected shall be recovered from the contractor and the contract shall be terminated after giving a fifteen day's notice and the contractor may be blacklisted or debarred for further royalty collection contract or excess royalty collection contract for a period of next five years.(15)The contractor shall have no rights regarding leases or licences in the contract area except collection of royalty, permit fee or other charges mentioned in the contract for the actual weight of the mineral transported at the prevailing rates for which contract has been awarded.(16)Cancellation and surrender of lease or licence, sanctioning of new lease or licence, revision of dead rent of existing lease, temporary or permanent closure of lease or licence by the Government or Court or due to any other reason in the area concerned, shall not have any impact on the yearly contract amount.(17)The Contractor shall pay the installment of contract amount in advance on due date and if any amount is not paid on due date, it shall be collected as an arrears of land revenue and an interest at the rate of eighteen percent shall be charged from due date irrespective of any other action being taken for cancellation of contract or imposition of penalty.(18)Where the contract amount is equal to or more than ten crore, the contractor shall install at least one electronic weigh bridge system on the route covering maximum transportation or dispatches of mineral in the contract area along with sufficient web cameras, computer with net connectivity and generator. The weigh bridge shall be integrated with that of departmental online system and shall hand over the weigh bridge along with all above equipment to the department in proper working condition after expiry or termination of the contract otherwise security deposit shall be forfeited. Government will explore the possibility of prescribing GPS tracking system.(19)The contractor shall inform his registering authority about any contract allotted to him within fifteen day from the allotment.(20)Contractor shall issue photo identity card duly signed and stamped by the Mining Engineer or Assistant Mining Engineer concerned to all nakedars or persons employed by him for royalty collection. The contractor shall submit a list of nakedars or persons to be engaged for royalty collection along with photo identity card and a fee of rupees one hundred for each identity card. Such identity cards shall be valid during the currency of the contract only. All the nakedars or persons shall keep the identity card displaying with them during collection of royalty.(21)Contractor shall erect reflecting sign boards at each Naka or Check post clearly visible and legible from a distance mentioning name of the contractor, area of the contract, name of mineral, rate of royalty, permit fee and other applicable charges (if any) and name and contact number of the Mining Engineer or Assistant Mining Engineer concerned for any complaint.(22)The contractor shall abide by all the terms and conditions of the contract and any amendment made under these rules and shall also follow all the instructions issued by the Government or any officer of the department.(23)The contract may be terminated by the State Government if considered by it to be in public interest, after giving a fifteen day's notice.(24)The contractor shall not transfer the contract as a whole or in part and shall also not grant any sub-contract to or in the name of any other person.(25)The contractor shall intimate the change in their permanent address along with address proof to the Mining Engineer or Assistant Mining Engineer concerned within one month of such change.(26)In case of default in the due observance of the terms and conditions of the contract, the Mining Engineer or Assistant Mining Engineer concerned may terminate the contract and forfeit the security deposit or alternatively may impose penalty as specified in Schedule V after providing an opportunity of being heard by issuing a notice of fifteen day's.
