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State of Rajasthan - Section

Section 37J in The Rajasthan Minor Mineral Concession Rules, 1986

37J. Financial assurance.

- [(1) Financial Assurance has to be furnished by every mining lease/quarry licence/short term permit holder. The amount of financial assurance shall be as follows,-
(i) [ [Substituted by Rajasthan Gazette Extra Ordinary dated 12/07/2013] for quarry licences having area more than 0.3hectare and all mining leases rupees fifteen thousand per hectare or partthereof used in mining and allied activities. (The above amountshall be enhanced with the increase in the area of mining andallied activities.)
(ii) in case of quarry licenses having area between0.1 hectare to 0.3 hectare and for short term permits rupees five thousand]
[Substituted by Rajasthan Gazette Extra Ordinary dated 01/01/2013][***] [Deleted by Rajasthan Gazette Extra Ordinary dated 12/07/2013]Provided that the amount of financial assurance shall not be more than rupees 30 lacs.Provided further that financial assurance shall not be required for the permits granted under rule 58 and rule 63-A and in case of short term permit granted to contractors if the total quantity each minerals as per the work order for which short term permit is obtained is not more than 5,000 Tonnes.]
(2)The financial assurance shall be submitted in the form of fix deposit receipt from any Scheduled Bank.
(3)The lessee/licensee/short term permit holder shall have to submit the financial assurance to competent authority, before issue of sanction. In case of existing mining lease/quarry licence/short term permit, the lessee/licensee/short term permit holder shall submit the financial assurance within three months of date of commencement of the Rajasthan Minor Mineral Concession (Second Amendment) Rules, 2012.
(4)Release of financial assurance shall be effective upon the application given by the lessee/licensee/short term permit holder for the satisfactory compliance of the provisions contained in the mine closure plan and certified by the Mining Engineer/Assistant Mining Engineer concerned:Provided that the financial assurance shall be released by the order of Superintending Mining Engineer concerned.
(5)If the Mining Engineer/Assistant Mining Engineer concerned has reasonable grounds for believing that the protective, reclamation and rehabilitation measures as envisaged in the approved mine closure plan in respect of which financial assurance was given has not been or shall not be carried out in accordance with the mine closure plan, either fully or partially, the Mining Engineer/Assistant Mining Engineer concerned shall give the lessee/licensee/short term permit holder a written notice of his intention to issue the orders for forfeiting the amount of financial assurance along with interest accrued thereon at least thirty days prior to the date of the order to be issued.
(6)Within thirty days of the receipt of notice referred to in sub-rule (5), if no satisfactory reply has been received in writing from the lessee/licensee/short term permit holder, the Mining Engineer/Assistant Mining Engineer concerned shall pass an order for forfeiting the financial assurance amount along with the interest accrued thereon.
(7)Upon the issuance of order referred to in sub-rule (6), the Mining Engineer/Assistant Mining Engineer concerned may realise the amount of financial assurance together with the interest accrued thereon for the purpose of performance of protective, reclamation, rehabilitation measures and shall carry out those measures.