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State of Himachal Pradesh - Section

Section 85 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015

85. Repeal and Saving.

(1)The Himachal Pradesh Minor Minerals (Concession) Revised Rules, 1971 and the Himachal Pradesh Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2004 are hereby repealed.
(2)Notwithstanding such repeal anything done or made or any action taken under the provisions of repealed rules shall be deemed to have been validly done or made or taken under the corresponding provisions of these rules.First ScheduleFee Required Under the Rules
S. No. Rule Particulars Fee (in Rupees)
[***] [Omitted 'Serial 1.' by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.]      
2. 7 (h)(i) and (16)(2) Application fee for Mining Lease/Renewal ofMining Lease 5,000/- (non-refundable)
3. 15 (1) Security Deposit upto 5 Hectares. AdditionalSecurity based on pro-rata basis for additional area 25,000/- (in shape of Fixed Deposit Receipt(FDR) duly pledged in favour of Competent Authority.
4. 19(15), 23(6) and 31(2)(xiii) Security for Mechanical Mining Rs. 2.00 lacs
5. 21 (1) Fee for Transfer of Mining Lease [2,50,000/- (Non-refundable) upto 5 hectares area and thereafter 50,000/- per hectares for the area more than 5 hectares on pro-rata basis.] [Substituted by '50,000/- (Non-refundable)' Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.]
6. 21 (2) Fee for Transfer of Letter of Intent and GrantOrder [1,00,000/- (Non-refundable) upto 5 hectares area and thereafter 20,000/- per hectare for the area more than 5 hectares on pro-rata basis.] [Substituted '10,000/- (Non-refundable)' by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.]
7. 29(3) Application fee for Permit 2,500/- (Non-refundable)
8. 38(1) Application fee for recognition as RQP 5,000/- (Non-refundable)
9. 40(2) Fee for Modification of Mining Plan 10,000/-
10. 54 Financial Assurance per hectare on pro-ratabasis 5,000/-
11. 60 Fees for Appeal 1,000/- (non-refundable)
12. 68 Application fee for Joint Inspection of StoneCrusher Site. 2,500/- (Non-refundable)
13. 69 Application fee for Permanent Registration ofStone Crusher 2,500/- (Non-refundable)
14. 74 Application fee for Registration as a dealer. 1,000/- (Non-refundable)
15. 77 Security for Dealer Registration 10,000/-
Second ScheduleRates of Royalty[See rule 4(1), 18(1) & 19(1)(a)]
Sl. No. Name of Mineral Rates of Royalty/other fee required underRule (Per tonne)
1. Building stones, Masonary stone including Boulders andShingle. Rs. 60.00
2. Limestone Rs. 80.00
3. Marble:  
  (a) Used for lime burning Rs. 80.00
  (b) Dressed, carved and rough marble Slabs Rs. 450.00
  (c) Marble chips, fine powder, Khandas. Rs. 80.00
  (d) Coarse powder of not more than plus 20 mash. Rs. 80.00
4. Bajri. Rs. 60.00
5. Ordinary Sand/Stone Dust Rs. 60.00
6. Ordinary Soil/Shale Rs. 30.00
7. (a) Rough slab slate Rs. 140.00
  (b) Slate Rs. 340.00
  (c) Quartzite slate Rs. 340.00
8. Kankar, road metal, blast and rorri. Rs. 60.00
9. Cut or dressed blocks of granite and traps/basaltincludingrocks of other colours and shades (size 180x80x50 cms or more) Rs.500.00
10. Brick earth Rs. 5000 per lac Bricks on pro-rata basis
11. All other minor mineral not herein specified 25% of the sale value at pit mouth
Third Schedule[See rule 18(2) & 19(1)(d)]A. Rates of Dead Rent in Rupees per Hectare Per Annum
Sr.No. Name of the Minor Mineral Rate of Dead Rent
1. Limestone as minor mineral Rs. 25,000/- per hectare and part thereof per annum.
2. Slate/cut stone Rs. 2,000/- per hectare and part thereof per annum.
3. Other Minor Minerals (i) Private land -    
  Area of mining lease - Rs. 10,000/- per hectare and part thereof per annum
(ii) Government land -  
  Mining lease area upto 5 Hects. - Rs. 10,000/- per hectare and part thereof per annum
  Mining lease area From 5 Hects. upto 10 Hects. - Rs. 15,000/- per hectare and part thereof per annum
  Mining lease area From 10 Hects. upto 20 Hects. - Rs. 20,000/- per hectare and part thereof per annum
  Mining lease area more than 20 Hects. - Rs. 25,000/- per hectare and part thereof per annum
B. Rates of Surface Rent in Rupees Per Hectare Per Annum[see rule 19(1)(d)]
Sr. No. Name of the Minor Mineral Rate of Dead Rent
1. Surface rent for Government Land Rs. 1,000/- per hectare.
[Fourth Schedule] [Substituted by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.]Delegation of Powers Under Various Provisions of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
Sr. No. Rule Limit Authorised Officers Limit
1. 7 & 16(2) Power to receive application of grant/renewal of mining lease. State Geologist Throughout State of Himachal Pradesh
2. 8(3) Power to Acknowledge Application State Geologist Throughout State of Himachal Pradesh
3. 9 Power to assign priority for mining lease State Geologist Throughout State of Himachal Pradesh
4. 9(4) Power to refuse whole or part of area applied for mininglease. State Geologist for an area upto 1.5 Hects. Director ofIndustries for an area above 1.5 Hects. to 3.0 Hects. Throughout State of Himachal Pradesh
5. 17 Power to issue Letter of Intent & grant of mining lease State Geologist for an area upto 1.5 Hects. Director ofIndustries for an area above 1.5 Hects. to 3.0 Hects. Throughout State of Himachal Pradesh
6. 23(2) 26(6) 27(7) Power to issue Letter of Intent & grant of contract State Geologist upto value of Rs. 10 lacs. Director ofIndustries upto value of Rs. 25 lacs. Throughout State of Himachal Pradesh
7. 30 Power to grant permits for extraction of minor mineral. Director of Industries Throughout State of Himachal Pradesh
8. 33 Power to grant permission for lifting/transportation ofmineral. State Geologist upto 20,000 Metric Tonnes per month.Directorof Industries more than 20,000 metric Tonne per month. Throughout State of Himachal Pradesh
9. 57(3) & 71 Power to lodge complaints State Geologist and Mining Officer In their respective jurisdiction
10. 63 Power to sign Form ‘N’ Mining Officer In their respective jurisdiction
[***] [Omitted 'Form A And B' by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.]
Form-A[Seerule 5(1)]Application for Certificate of ApprovalToThe Director of Industries,Himachal PradeshThrough:Sir,I/We ................................................................................................ have the honour to request that a Certificate of Approval under the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 be granted to enable me/us to a acquire Mining Lease under the said Rules.1. The fee Rs. 2,500/- payable for the grant of certificate is remitted herewith through demand Draft No. .................................................. dated ............................. Name of Bank .......................... or has been deposited in the Government Treasury under Head: 0853-Non Ferrous Mining & Metallurgical Industrie. - 102 Mineral Concession fee, Rent and Royalties and receipted challan where for is enclosed.2. The required particulars are given below:-(i) Name and Address of the individual/ Firm/Company with identification proof(ii) Nationality of the individual member of the Firm/Company with relevant documents:(iii) Place of registration of incorporation of the Firm/Company:(iv) Profession of the individual or Nature of business of the Firm/Company(v) Details of technical qualification & Mining Experience of the individual, firm or company If any;(vi) The amount of capital that the individual, Firm/Company can command to carry on well planned mining operation:(vii) Bank reference, if any :(viii) The amount of Income Tax or land: Revenue paid annually, if any(ix) Any other particulars which the Applicant wishes to furnish:Place:Dated:Yours faithfullySignature of the applicantForm B[Seerule 5(3) & (4) and 7 h (ii)]Government of Himachal PradeshDepartment of IndustriesNo. .................................................................................Dated ........................Certificate of ApprovalThis is to certify that ........................................................is approved as a person/ company/Firm who is qualified to acquire mining lease/Contract/Tender of minor minerals in the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015.This certificate shall be valid for a period of five years or upto the mineral concession whichever is earlier from the date of grant of such certificate.This certificate already granted and which expired on ....................................... is renewed upto ...........................Issuing AuthorityHimachal Pradesh
Form-C[See rule 7 & 16(2)]Application For Grant/Renewal of Mining LeaseReceived at ............................................................ (Place at) ............................................. (hour) on the ............................................................... day of ..............................................................From:...............................................................................................................................................ThroughToThe State GeologistHimachal Pradesh.I. I/We beg to apply for mining/renewal lease for extraction/collection of ................................... for a term of ........... years over ........... hectares of land in the area specified in the Schedule.II. A sum of Rs. 5000/- as application fee payable under Rule 7 or 16(2) of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 has been deposited in the Government treasury and the receipted challan therefor is enclosed.III. The required particulars are given below:Particulars:
(1) Name of applicant individual(s), firm, company or societywith proof :
(2) Nationality of the Individual(s) or place of registrationor incorporations of firm, company or society, with relevantdocuments :
(3) Profession of individual(s) nature of business of firm orcompany and place of business :
(4) Address of the individual(s), firm, company or societywith address proof.  
(5) Whether the application is for a fresh lease or for arenewal of a lease previously granted :
(6) Minor Mineral which the applicant intends to mine :
(7) Period for which the lease is required :
(8) Approximate quantity of minor mineral expected to beraised during the first year :
(9) Manner in which the minor mineral raised is to be utilized  
(a) For Stone Crusher (b) For Open Sale  
(c) any other purpose  
In case of any other purpose, the purpose inconnection with which it is required should be specified clearly.
(10) A description illustrated by a site plan (in triplicate)showing the situation, boundaries and area of the land in respectof which the lease is required. The location of the area shouldbe shown by permanent physical features i.e. Road, Tanks,National Highway, State Highway, Village/Town, Water SupplySchemes and Bridges etc. indicating their distances from theapplied area. :
(11) A statement showing the areas applied/granted within thejurisdiction of the Government - :
(i) already held by me/us in my/our name/names (and jointlywith others) under quarrying leases specifying the names of minorminerals.  
(ii) Already applied for but not yet granted and  
(iii) Applied for simultaneously or being applied for in otherdistricts of this State is appended  
(12) In case of renewal, whether renewal is applied for thewhole or part of the lease held :
(13) Means by which the minor mineral is to be raised i.e. byhand labour or mechanical or electric power. :
(14) Any other particulars which the applicant wishes tofurnish :