Section 37A in The Rajasthan Minor Mineral Concession Rules, 1986
37A. [ Conditions of royalty collection contract and/or excess royalty collection contract. [Added by Rajasthan Gazette Extraordinary dated 25/05/2012]
- The following conditions shall be included in every royalty collection contract and/or excess royalty collection contract and if they are not so included shall be deemed to have been included therein, namely:-(i)The contractor shall make his own arrangements for collection of royalty.(ii)The contractor shall arrange to print royalty receipt books in form No. 12A/12 B, as the case may be, at his own expenses and get stamped from the concerned Assistant Mining Engineer/Mining Engineer office.(iii)The contractor shall collect the royalty near mining leases/at the quarry mouth and if the royalty is not collected near mining leases/at the quarry mouth then at any other place near the lease/quarry but within the jurisdiction of contract area.Provided that such place shall be fixed after prior approval in writing from the concerned Mining Engineer/Assistant Mining Engineer. Such permission shall be given by the Mining Engineer/Assistant Mining Engineer on an application made by the contractor with a payment of Rs. 1,000/- (nonrefundable) for every place for which permission is required. The Mining Engineer/Assistant Mining Engineer may refuse to grant permission for reasons to be recorded for any particular place, applied by the contractor.(iv)The contractor shall issue printed receipts duly stamped and issued by the concerned Mining Engineer/Assistant Mining Engineer in form No. 12A/12B, as the case may be, for the amount of royalty/excess royalty/permit fee/other charges collected for every despatch of the said mineral and shall fill all the columns of the receipt. The contractor shall, give first copy of receipt to the incharge of the vehicle, submit second copy of the receipt to the concerned Mining Engineer/Assistant Mining Engineer alongwith monthly statement and retain third copy with him.(v)In case of excess royalty collection contract, the contractor shall collect amount only from such vehicles having valid rawannas issued by Mining Engineer/Assistant Mining Engineer concerned to the lessee in form No. 12. The contractor shall retain second copy of the rawannas with him and return first copy after stamping to vehicle owner. The contractor shall deposit second copy of rawanna with second copy of receipt issued by him with monthly statement in Form No.11-D to the concerned Mining Engineer/Assistant Mining Engineer.(vi)The contractor shall not recover any royalty from the vehicles having royalty paid Departmental rawannas issued against yearly dead rent. However, upon weighment if any quantity of mineral is found in excess of weight mentioned in such rawanna, contractor may recover the royalty of such difference weight.(vii)In case the mineral specified in the contract is used by the State Government Departments themselves under a valid short term permit granted by concerned Assistant Mining Engineer/Mining Engineer, the contractor shall not charge any royalty from such permit holders, if the mineral is excavated from lands other than working pits of a lessee or licensee.(viii)Separate short term permit under rule 63 shall be issued to the contractors of the various Works Departments of the State or Central Government/Autonomous bodies by the concerned Assistant Mining Engineer/Mining Engineer. The royalty and/or permit fee received by the Department from such works shall not be adjusted against the contract amount and the contractor shall not recover royalty and/or permit fee from such short term permit holders.[(viii-a) The contractor shall not recover any royalty for the overburden. The Department shall issue separate permit for dispatch of such overburden under rule 63A.](ix)The contractor shall not recover royalty and/or permit fee from the minerals used in construction/renewal of Mega Highways/Four/Six lane roads, lying and repair of Railway Tracks. For construction/repair of such works separate short term permit shall be issued and if the mineral/minerals are obtained from existing leases, separate paid rawanna for the aforesaid purpose shall be issued by the concerned Assistant Mining Engineer/Mining Engineer to the lessee. Royalty/Excess royalty and/or permit fee received from such works shall not be adjusted against the contract amount.(x)No royalty shall be charged on the minor minerals removed by a Tenant from the areas which are not working pits of a lessee or licensee as provided in rule 58 of these rules.(xi)The contractor shall not recover any royalty and/or permit fee from the minerals used in Famine Works.(xii)The royalty shall be collected on the despatch of minor minerals from the area, specified in the contract, during the contract period and not on minor minerals brought from outside the contract area or from the major mineral leases.(xiii)The contractor shall submit monthly statement of excess royalty collection and royalty and/or permit fee collection in the Form No. 11-D and 11-E respectively within 15 days from the month end.(xiv)In case it is found that the contractor is recovering the royalty in excess of the actual royalty calculated as per the mineral quantity under transit or recover permit fee in excess of prescribed rates, the contract shall be terminated after giving 15 days notice and the contractor may be blacklisted or debarred for further royalty collection contract or excess royalty collection contract for a period of next three years and excess amount so collected shall be recovered from the contractor.(xv)The contractor shall not have any other right regarding leases/quarries in the contract area except realization of royalty/permit fee/other charges mentioned in the contract for the actual weight of the mineral transported at the scheduled rates for which contract has been awarded on behalf of the Government.(xvi)[Cancellation/surrender of leases/quarry licences or sanctioning of new leases/quarry licences or revision of dead rent of existing leases or temporary/permanent closure of leases/quarry licences by Government/Court or due to any other reason in the area concerned shall not have any impact on yearly contract amount.] [Substituted by Rajasthan Gazette Extraordinary dated 24/03/2011](xvii)The Contractor shall pay the installment of contract money according to the stipulations laid down in the contract and if any amount is not paid on due date it shall be collected as an arrears of land revenue and an interest @ 15% shall be charged from due date irrespective of any other action being taken for cancellation of contract or imposition of penalty under relevant rules.(xviii)The contractor shall not transfer the contract as a whole or in part and shall also not grant any sub-contract to or in the name of any other person.(xix)In case of default in the due observance of the terms and conditions of the contract, the contract may be terminated by the Assistant Mining Engineer/Mining Engineer after giving 15 days notice with forfeiture of security deposit or may impose penalty not exceeding security amount.(xx)The contract may be terminated by the State Government if considered by it to be in public interest, after giving 15 days notice.(xxi)Contractor shall issue Photo Identity Card duly singed and stamped by the concerned Mining Engineer/Assistant Mining Engineer to all Nakedars or persons employed by him for royalty collection. For this purpose the contractor shall submit list of Nakedars/persons to be engaged for royalty collection alongwith Photo Identity Card and a fee of Rs.100/- for each card to the concerned Mining Engineer/Assistant Mining Engineer. Such identity cards shall be valid during the currency of the contract only. All the Nakedar/persons collecting royalty shall keep the identity card with them during collection of royalty.(xxii)No conditional tender shall be accepted.(xxiii)The Contractor shall abide by the orders and instructions issued by the Government or any officer of the Department and shall also abide by all other terms and conditions of these rules.][Chapter-IVA] [Inserted by Rajasthan Gazette Extra Ordinary dated 19/06/2012] Systematic, Scientific and Environment Friendly Mining
