Section 17 in Gujarat Minor Mineral Concession Rules, 2010
17. Period of the lease, renewals and availability of the areas already granted.
(1)(a)The period of quarry lease in case of ordinary sand, kankar, gravel or ordinary clay or brick earth shall not exceed ten years and the period of quarry lease in respect of all other minor minerals shall not exceed twenty years :Provided that if the Government is of the opinion that in the interest of minerals development and industrial development of the State, it is necessary so to do, it may, for the reasons to recorded in writing grant a quarry lease for any longer period as it may deem fit.(b)The lease for all minerals shall be renewed by the Competent Authority at the option of the lessee from time to time and the period of renewal at one time shall not exceed ten years in case of sand, kankar, gravel and brick earth/ordinary clay and for other mineral shall not exceed twenty years.(c)No area which was previously held under quarry lease or which has been reserved by the Government or any local authority for any purpose other than mining or in respect of which the order granting lease has been revoked under sub- rule (2) of rule 11 shall be available for re-grant unless the date from which the area shall be available for re-grant is notified in the Official Gazette at least thirty days in advance. Any application received before the date so notified in the Official Gazette shall be premature and shall not be entertained:Provided that the Government may, for reasons to be recorded in writing, relax the provisions of this clause in any special case.(2)At the time of the renewal of the lease, the lessee shall be entitled to surrender any part of the area leased to him.(3)When a renewal is granted the terms and condition of the renewal shall be the same as those in force at the time of the renewal.(4)An application in Form F, for the renewal of a quarry lease shall be presented, in triplicate, at least 180 days before the expiry of the lease to the Competent Authority and shall be accompanied by a treasury Challan of such amount and in such manner as specified in rule 6:Provided that any such application may be admitted after the expiry of the stipulated period, if the Competent Authority is satisfied that the applicant had just and sufficient cause for not presenting the application within such period.Provided further that in no case, the application made after the expiry of the lease shall be entertained.Provided also that in case the application for the renewal of a quarry lease is not disposed of by the Competent Authority before the date of expiry of the lease, the period of lease shall be deemed to have been extended for a further period till the Competent Authority passed the order thereon.(5)Notwithstanding anything contained in the foregoing provisions of this rule, the Commissioner may at any time by giving to the lessee six months notice in writing for cancellation of the lease if the area for which the lease has been granted or any part thereof is required by the Government for any public purpose. A declaration in this regard, under the signature of the Commissioner that the 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.(6)On the cancellation of the lease under sub-rule (5), the area under the lease shall be resumed by the Government 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 cancel mined by an officer appointed by the Government for the purpose. For the purpose of assessing the amount of compensation, the officer so appointed shall cancel mine the compensation in accordance with the provisions of the Land Acquisition Act, 1894.(7)(i)Where an applicant for the grant or renewal of a quarry lease dies before the order granting him a quarry lease or its renewal is passed, the application for the grant or renewal of a quarry lease shall be deemed to have been made by his legal representative.(ii)In the case of an applicant in respect of whom an order granting or renewing a quarry lease is passed, dies before the deed referred to in sub-rule (3) of rule 10 is executed, the order granting or renewing a quarry lease shall be deemed to have been passed in the name of the legal representative of the deceased.
