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Union of India - Section

Section 12 in Atomic Minerals Concession Rules, 2016

12. Action for contravention or non-fulfillment of obligations.

(1)In the case of contravention or non-fulfillment of the obligations under the mining lease deed or the terms and conditions of mining lease, the State Government, under intimation to the Department, reserves the right to take appropriate action, including the right to terminate the mining lease or forfeit, in whole or part, the amount of performance security deposited by the holder of mining lease:Provided that no such order shall be made without giving the lessee a reasonable opportunity of stating his case.
(2)If the lessee fails to carry out or perform any of its obligations hereunder or under the lease deed within the time specified in that behalf, the State Government may cause the same to be carried out or performed and the lessee shall pay the State Government, on demand, all expenses incurred in this regard by the State Government and the decision of the State Government as to such expenses shall be final.
(3)If the lessee fails to fulfill any of the terms and conditions hereunder or under the mining lease shall not give the Central Government or the State Government any claim against the lessee or be deemed a breach of the lease, in so far as such failure is considered by the relevant Government to arise from force majeure.Explanation. - In this rule the expression "force majeure" means act of God, war, insurrection, riot, civil commotion, strike, earth quake, tide, storm, tidal wave, flood, lightning, explosion, fire, earthquake and any other happening which the lessee could not reasonably prevent or control.
(4)If there is any delay by the lessee to fulfill any of the terms and conditions hereunder or under the mining lease on account of a force majeure event, the period of such delay shall be added to the period fixed by these rules or the mining lease.