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State of Madhya Pradesh - Section

Section 41 in M.P. Minor Mineral Rules, 1996

41. Resumption of Possession.

(1)Where ail auction quarry is cancelled or determined or a decision is taken to resume possession of the quarry in the public interest or the period for which the auction quarry is granted has expired, the contractor shall hand over possession of the quarry to the [Collector/ Additional Collector (Senior I.A.S. Scale)] [Substituted by Notification No. 19-29-2004-XII-1, dated 13-1-2005.] within a period of seven days from the date of cancellation or determination or decision to take back possession in the public interest is communicated or on the day following the date of expiry of the period of auction quarry, as the case may be.
(2)Where the contractor fails to hand over possession of the auction quarry within the period specified in sub-rule (1), the [Collector/Additional Collector (Senior I.A.S. Scale)] [Substituted by Notification No. 19-29-2004-XII-1, dated 13-1-2005.] or an Officer authorised by him shall serve or cause to be served a notice on the contractor cither by post or by tendering or delivering the copy of it personally to the contractor or one of his/her family members or servants or by affixing it to a conspicuous part of the place of his/her residence or place of business or publishing it in at least one news paper having circulation in the locality where the contractor resides.
(3)The notice under sub-rule (2) shall contain a statement that the contractor shall hand over possession of the auction quarry to the [Collector/Additional Collector (Senior I.A.S. Scale)] [Substituted by Notification No. 19-29-2004-XII-1, dated 13-1-2005.] or an Officer authorised by him/her [under sub-rule (2)] [Substituted by Notification No. 19-29-2004-XII-1, dated 13-1-2005.] within a period of seven days of the date of service of the notice.
(4)Where a contractor fails to hand over possession of the auction quarry within the period specified in the notice under sub-rule (2), the [Collector/Additional Collector (Senior I.A.S. Scale)] [Substituted by Notification No. 19-29-2004-XII-1, dated 13-1-2005.] or an Officer authorised by him/her [under sub-rule (2)] [Substituted by Notification No. 19-29-2004-XII-1, dated 13-1-2005.], may take possession of the auction quarry from the contractor and for that purpose may use such force as may be considered necessary.
(5)If on the expiry of the period of the contract, a contractor fails to hand over possession on the next day, the contractor shall abide by all the conditions of the agreement till possession is taken back ]