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State of Uttar Pradesh - Section

Section 59 in The U.P. Minor Minerals (Concession) Rules, 1963

59. [ Consequences of contravention of certain conditions. [Substituted by Notification No. 1868/LXXXVI-2019-57(Sa)/2017, dated 13.8.2019.]

(1)The propnent who has received letter of intent however has not produced mining plan or has not applied for grant of Environment Clearance within the stipulated period of one month as per the provisions mentioned in Rule 34 shall be liable for penalty of Rs Ten thousand per day. On failure to deposit the amount of penalty, the same shall be deducted by the District Magistrate from the security money deposited against the concerned lease. In case the proponent fails to execute the lease deed within one month of obtaining environment clearance certificate, the District Magistrate shall, subsequent to cancelling the letter of intent, forfeit the first instalment and security money deposited by the proponent in favour of the State Government.
(2)The lessee who does mining works contravening the terms and conditions mentioned in the approved mining plan and clean environment certificate issued as per the provisions provfded under Rule 34, then he will be liable for penalty at the rate of Rs 50,000 per occasion of default that shall be recovered by the District Magistrate.
(3)If the lease-holder disobeys the provisions of Rule 35 then penalty at the rate of Rupees Twenty five thousand per day for each and every default shall be levied by the concerned District Magistrate. In case of default on deposit of such levied penalty the concerned District Magistrate will deduct the said amount from the amount of security deposited against the said mining lease.
(4)According to the provisions provided under Rule 41-H mining work through suction machine/lifter into the water stream will be prohibited. If any lessee is found contravening the provisions of the said rule then he will be liable for penalty at the rate of Rs five lakh per occasion of contravening act, which will be recovered on the order of District Magistrate or Director, Geology and Mining. On failure to deposit of the abovementioned amount of penalty the same shall be deducted by the District Magistrate from the security money deposited against the concerned lease.
(5)Any lessee holding a mining lease who commits a breach of any of the conditions provided in Rule 44 shall be liable for levy/penalty of Rs Fifty thousand. On failure to deposit the said amount of penalty the same shall be deducted by the District Magistrate From the security money deposited against the concerned lease.
(6)Where the lease-holder fails to conform to the prescribed loading norms, penalty of Rs 25,000.00 per occasion of default shall be imposed by the District Magistrate. Upon failure to deposit the said penalty, the same shall be deducted by the District Magistrate from the security money deposited against the concerned lease.
(7)Where the proponent fails to complete all desired formalities for obtaining Environment Clearance as required by the competent authority within the stipulated time frame, District Magistrate may cancel the letter of intent issued in his favour.].