Section 29 in The Rajasthan Minor Mineral Concession Rules, 1986
29. Conditions of quarry licence.
(1)The licensee shall have the liberty at all times during the period of the licence in respect of the plot/land for which licence is sanctioned to enter upon the area and to mine, bore, dig, drill, win work, stock, dress, process, convert, carry away and dispose of the said mineral subject to the following conditions:-(a)The licensee or his agent, contractor assignee, transporter etc. shall pay royalty on the quantity of the said mineral despatched from the said quarry at the rate specified in the Schedule-I to the Government or any royalty collection contractor appointed by the Government in this behalf.(b)The licensee shall pay annual licence fee in advance to the Government on or before such date as specified by Mining Engineer/Assistant Mining Engineer. If the licence fee is not paid on the due date, the same shall be recoverable along with a penalty equivalent to 10% of the licence fee [up to a period of 3 months from the due date of payment. Failing which licence may be terminated after giving a 15 days notice.] [Substituted by Rajasthan Gazette Extraordinary dated 28/01/2011](bb)[ the licensee shall pay contribution to the District Mineral Foundation Trust (FMFT) in respect of any mineral removed/consumed by him as per the rates specified in the District Mineral Foundation Trust Rules, 2016, as amended from time to time.] [Inserted by Notification No. G.S.R. 69, dated 21.11.2016 (w.e.f. 4.3.1986).](c)The licensee shall deposit a sum equal to 25% of the annual licence fee as security for the observance of the terms and conditions of the licence.(d)The licensee shall pay such amount per year or part thereof to the Government for removal of dump from the quarry at such rate and at such time as may be fixed by Government from time to time.(dd)[ The licencee shall give notice of commencement of any mining operation to the authorities as per section 16 of the Mines Act, 1952 and also to the Mining Engineer/Assistant Mining Engineer concerned at least one month before the commencement of any mining operation;] [Inserted by Rajasthan Gazette Extraordinary dated 16/05/2016](e)The licensee shall start work in the quarry within [two months] [Substituted by Rajasthan Gazette Extraordinary dated 16/05/2016] of the grant of licence and shall thereafter continue to work effectively in a proper skillful and workman like manner, both as regards conservation of mineral and as regards removal of all valuable minerals from within the mines.(f)The licensee shall maintain and at all times keep in repair boundary pillars at the corners of the quarry according to the demarcation approved by the Mining Engineer/Assistant Mining Engineer.(g)The licensee shall abide by the instructions of the Mining Engineer/Assistant Mining Engineer regarding the working of the quarry, removal of waste, drainage and other matter connected with the systematic development and working of the quarry.(h)The licensee shall make reasonable satisfaction and pay such compensation as may be assessed by lawful authority in accordance with the law or rules or order in force on the subject for all damages, injuries or disturbances which may be done by him and shall indemnify and keep indemnified fully and completely the Government against all such damage, injury or disturbances and all costs and expenses in connection therewith; and(i)The licensee shall without any delay report to the Director, Mining Engineer/Assistant Mining Engineer any accident which may occur at or in the said premises and also the discovery on or within any of the lands or mines demised by the licence of any mineral not specified in the licence.(2)The licence may be cancelled by Mining Engineer/Assistant Mining Engineer without giving any notice if the licensee fails to start work at the said quarry or does not work it for a continues period of 3 months without obtaining his prior approval. However the Mining Engineer/Assistant Mining Engineer may refuse for such approval for reasons to be recorded.(3)The mineral left on the expiry of licence period or cancellation of licence shall be removed by the licensee within 15 days of the expiry of licence or receipt of the order of cancellation of licence.(4)[ The licensee may apply for acceptance of surrender of the quarry licence at any time by giving an application in writing to Mining Engineer/Assistant Mining Engineer at least 15 days before the intended date of surrender. The Mining Engineer/ Assistant Mining Engineer shall accept the surrender if the licensee has carried out the protective, reclamation and rehabilitation work in accordance with the approved mine closure plan or with such modifications as approved by the competent authority but it shall not be necessary if in intended area to be surrendered no mining operation was carried out. The amount of licence fee for the balance period of the licence shall not be refunded but the security amount deposited by the licensee shall be refunded;] [Substituted by Rajasthan Gazette Extra Ordinary dated 19/06/2012](5)The Mining Engineer may enhance or reduce the licence fee in respect of any particular area of block provided that the enhancement of licence fee shall not be made before a period of 3 years from any such previous enhancement.(6). The State Government may by a notification in the official Gazette amend from time to time the First Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral provided that any enhancement in the rate of royalty for a mineral shall not be made before a period of 3 years of any such previous enhancement. Provided further that this rule shall not be applicable in the case where licence is granted on a fixed annual licence fee inclusive of royalty.(7)[The licensee shall confine his workings within the limits of the plot allotted to him and shall not undertake mining outside his plot. In case the licensee is found working outside the boundary of his allotted plot, the licence may be cancelled by the Mining Engineer/Assistant Mining Engineer.Provided that no such action shall be taken against the licensee without giving him an opportunity of being heard.(8)The licensee shall not obstruct approach to the adjoining licensee. In case of any dispute about the approach road, directions of the Mining Engineer/Assistant Mining Engineer shall be final and binding.] [Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994](9)[ The licensee shall not work and carry on or allowed to be worked or carried on at any point within a distance of 45 meters from any National and State Highway. The said distance of 45 meters shall be measured from the outer toe of the road. In case of roads other than National and State Highways, the safe distance of 15 meter from the centre of the road on both sides shall be maintained by the licensee [:] [Added by Rajasthan Gazette Extraordinary dated 28/01/2011]] [Inserted by Rajasthan Gazette Extraordinary dated 24/03/2011][Provided that in case of mining road, safe distance maintained by the licensee shall be 10 meter from the center of the road on both the sides.] [Added by Rajasthan Gazette Extraordinary dated 02/11/2012](10)[ The licensee shall take all necessary measures to ensure health and safety of labours employed in the quarry and shall comply with all the provisions of law time being in force.(11)The licensee shall maintain and keep ready for inspection, daily attendance register of labours employed in the quarry, in the Performa as prescribed in the Mines Rules, 1955. He shall also furnish a list of labours, along with their addresses, employed by him in the preceding quarter to the Mining Engineer and concerned district level officer of the Labour Department, Government of Rajasthan within 7 days at the end of each quarter.] [Added by Rajasthan Notification No. G.S.R. 83, dated 14.10.2011 (w.e.f. 4.3.1986).]
