Section 43(1) in Gujarat Minor Mineral Concession Rules, 2017
(1)The Government shall have the right to terminate the quarry lease in the following situations:(a)The Government may, by an order in writing, terminate the quarry lease at any time if the lessee has, in the opinion of the Government, transferred the quarry lease or any right, title, or interest therein or encumbered the quarry lease otherwise than in accordance with these rules or the terms of the quarry lease deed:Provided that no such order shall be made without giving the lessee a reasonable opportunity of being heard.(b)If the lessee does not allow entry or inspection under sub-rules (15), (17), (20), (22) and (23) of rule 188, the Government shall give notice in writing to the lessee requiring him to show cause within fifteen days of the notice as to why the quarry lease should not be terminated and his performance security forfeited; and if the lessee fails to show cause within the aforesaid time to the satisfaction of the Government, the Government may terminate the quarry lease and forfeit or appropriate the whole or part of the performance security in the manner specified in the quarry lease deed and these rules.(c)If the lessee is convicted of illegal mining and there are no interim orders of any court of law suspending the operation of the order of such conviction in appeals pending against such conviction in any court of law, the Government may, without prejudice to any other proceedings that may be taken under the Act, the rules, the Gujarat Mineral (Prevention of Illegal Mining and Transportation and Storage) Rules, 2017, after giving the lessee an opportunity of being heard and for reasons to be recorded in writing and communicated to the lessee, terminate the quarry lease and forfeit or appropriate the whole or part of the performance security in the manner specified in the quarry lease deed and the rules.(d)Subject to clause (b) of sub-rule (1) of rule (1)3, if the lessee makes any default in any payment prescribed under these rules or the quarry lease deed or commits a breach of any of the conditions specified in rule 177, 188 or 19, the Government shall give notice in writing to the lessee requiring him to pay such payments and remedy the breach, as the case may be, within sixty days from the date of the receipt of the notice and if such payments are not paid or/and the breach is not remedied within the said period, the Government may, without prejudice to any other proceedings that may be taken against him, terminate the quarry lease and forfeit or appropriate the whole or part of the performance security in the manner provided in the quarry lease deed and these rules.(e)If the lessee fails to comply with the production requirements specified in the quarry lease deed and such non-compliance exceeds for more than seven instances in case of minerals specified in Part A-II or Part B of Schedule III or for more than three instances in case of minerals specified in Part A-I of Schedule III, the Government shall have a right to terminate the quarry lease without prejudice to any other proceeding to be taken against the lessee. The Government shall also have the right to terminate the quarry lease in the event that the annual production for minerals specified in Part A-I of Schedule III exceeds the total annual production limit for the mineral as per approved mining plan .(f)Notwithstanding anything contained in the foregoing provisions, the Government may terminate the quarry lease at any time by giving to the lessee six months' notice in writing, if the lease area or any part thereof is required by the Government under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013). A declaration in this regard, under the signature of the Government that the lease area, or as the case may be, the part of the area is so required shall, as between the lessee and the Government be conclusive.On the termination of the quarry lease as stipulated above, the lease area shall be resumed by the Government, or the landowner, as the case may be, and the lessee shall be paid such compensation, for the investment made for the development of mining area only and not for the land and mineral, as may be determined by the Government for the purpose. For the purpose of assessing the amount of compensation, the Government shall determine the compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).(g)If the lessee fails to comply with of provisions of the Act, the rules or the quarry lease deed.
