Section 40 in The U.P. Minor Minerals (Concession) Rules, 1963
40. [ Liberties, powers and Privileges of the lessee. [Substituted by Notification No. 1868/LXXXVI-2019-57(Sa)/2017, dated 13.8.2019.]
- Subject to the restrictions and conditions mentioned in Rule 41 and the directions issued from time to time, by the Ministry of Environment, Forest and Climate Change of Government of India, a person holding a mining lease under these rules may have the liberty, power and privilege which are as under-(a)to enter upon the lands mentioned in the lease and to search for mine, bore, dig, drill or win, work, dress, process, convert, carry away and dispose of the mineral for which the lease is held;(b)to make in the said lands any pits, shafts, inclines, levels, waterways or other works;(c)The lessee may quarry with the help of machine except in the stream of water, and may also use machine for loading and unloading as per the condition specified in the Environmental Clearance certificate. With prior approval from the District Magistrate the lessee may erect and construct on the land any machinery, plant, dressing, floors, furnaces, brick kiln, workshop, storehouse and other buildings of like nature.(d)to make any roads and other ways over the said lands and use and pass over the same;(e)to quarry and get stone gravel and other building and road materials and lay and to use the same and to manufacture such clay into bricks or tiles and to use such bricks or tiles but not to sell any such materials, bricks or tiles;(f)to use a sufficient part of the surface of the said lands for the purpose of storing or depositing any produce of the mines or works carried on and any tools, equipment, earth and materials and substances dug or raised; and(g)subject to the existing rights of others and save as provided in clause (d) or Rule 41 to clear undergrowth and brushwood and to fell and utilise any itress or timber standing or found on the said lands, provided that the lessee may be asked by the Disrict Officer to pay for any trees or timber felled and utilised by him at the rates to be determined, having regard to their market value, by the District Officer;(h)in the event of disruption of mining operation in the lease area owing to any special circumstances, the District Magistrate with the prior approval of the State Government shall adjust the amount equivalent to the instalment payable during the disrupted period, online against the forthcoming instalment.].
