Section 16 in Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015
16. Period of mining lease.
(1)The period of mining lease shall be,-(a)five years for open sale of minor minerals, which can be extracted without major equipments or investments like sand, stone and bajri available in river/stream;(b)ten years for minor minerals, which require investment and equipments to develop quarries of minerals such as limestone, slates and building stones available in hill slopes; and(c)fifteen years for minor minerals serving as captive source for a stone crushing unit, available either in river/stream beds or in hill slopes:Provided that the mining lease period may depend upon the mineral reserves calculated in the Mining Plan:[Provided further that the working in the leased area after the expiry of every five years after the grant of mining lease may further be allowed by the State Geologist on the basis of review and recommendations made by Geologist/Assistant Geologist after inspection of the area by him for the purpose and after being satisfied that the leased area has been developed by the lessee in a scientific manner and is paying all Government dues on regular basis. The lease holder shall submit an application for review of working in the lease area before six months of expiry of every five years. On review, if it is found that lessee has not developed the leased area in a systematic and scientific manner as per the provisions of Mining Plan and he is in arrears of Government dues, the lease shall be liable to be terminated prematurely after affording an opportunity of being heard.] [Substituted by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.](2)[ The renewal of mining lease shall be granted at Directorate level by the Competent authority. The procedure to be followed for renewal of mining lease shall be similar to the procedure as laid down for fresh grant of mining lease, except consultation with concerned Gram Panchayat and approval from the Government. However, the application for renewal of mining lease shall be made in Form-'C' containing requisite documents before one year of the expiry of the lease and upon payment of a non refundable fee as specified in the First Schedule. This renewal shall be subject to the condition that the mine has been developed by the lessee in accordance to the terms and conditions of the lease deed and that the substantial investments in machinery, equipments have been made by him and that the mine has been worked and developed in a scientific manner and that the lessee has been paying the Government dues regularly under the rules.] [Substituted by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.](3)If an application for the renewal of the mining lease is made within the time specified in sub-rule (2) alongwith all requisite documents after completion of codal formalities and not disposed of by the Authority before the expiry of lease period, the Director by recording the reasons in writing may allow the working in the mine by an order till the renewal of such mining lease.(4)When a renewal is granted, dead rent or royalty shall be charged at the rates in force at the time of renewal but the surface rent (if applicable) shall be charged separately.(5)[ The mining leases granted under these rules may be renewed for one or more years but not exceeding the original period of lease, subject to maximum period of ten years:Provided that the mining leases granted to mineral based industries prior to the commencement of these rules, shall also be renewed for a maximum period of ten years] [Substituted by Notification No. Ind-II(F)6-14/2014-Vol-I, dated 6.4.2018.].
