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State of Rajasthan - Section

Section 25 in Rajasthan Minor Mineral Concession Rules, 2017

25. Surrender of mineral or area of mining lease.

(1)A lessee holding a mining lease for a group of minerals may apply for surrender of any mineral from a lease along with a non-refundable fee of rupees five thousand to the Mining Engineer or Assistant Mining Engineer concerned on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer economical to work the mineral, the competent authority may permit the lessee to surrender that mineral subject to the condition that he shall not cause any hindrance in the working of the mineral so surrendered by him. A mining lease in respect of that mineral may be subsequently granted to any other person:Provided that once the mineral has been surrendered, such mineral shall not be included or granted to the same lessee in future.
(2)The lessee may surrender the lease at any time by giving an application to the Mining Engineer or Assistant Mining Engineer concerned, along with a non-refundable fee of rupees five thousand, no dues of the lease over and above the performance security and compliance report of final mine closure plan, the surrender of lease shall be accepted by the competent authority with immediate effect:Provided that surrender of lease shall be accepted after six months from the date of application, if there remains any dues over and above the performance security against the lessee on the date of submitting surrender application.Provided further that final mine closure plan shall not be required, in case no mining is done in the surrendered area.Provided also that if closure plan is not found to be implemented, financial assurance shall be forfeited and shall be contributed towards District Mineral Foundation Trust.
(3)The lessee may surrender a part of the lease area by submitting an application to the Mining Engineer or Assistant Mining Engineer concerned, along with a non-refundable fee of rupees five thousand, scanned copy of plan and description report showing retained and part of the area to be surrendered, no dues certificate of the lease and compliance report of final mine closure plan of the area being surrendered. Part surrender of the area may be accepted by the competent authority subject to the following conditions: -
(i)As far as possible the retained area shall be rectangular; and
(ii)The retained area in each block shall not less than the minimum area specified in Schedule I:
Provided that where, retained area remains in more than one block, part surrender shall be accepted with prior approval of the Director.Provided further that in case of mineral bajri (river sand), part surrender shall not be accepted.
(4)The lessee, in case of part surrender of the lease, shall submit within three months from the date of order, an approved copy of mine plan along with progressive closure plan of retained area:Provided that final mine closure plan shall not be required, in case mining has not been done in the part surrendered area.
(5)The dead rent of the retained area, in case of part surrender, shall be calculated as specified in Schedule III.