Section 56 in Orissa Minor Minerals Concession Rules, 2004
56. Terms and conditions of auction.
- The terms and conditions of the auction sale agreement shall be as follows,-(i)The auction agreement is not transferable.(ii)The minor mineral other than for which auction is confirmed shall not be removed from the auctioned area.(iii)If any major mineral is found during the quarrying operation, the auction holder shall report the matter to the competent authority and the Director forthwith and shall not work or remove the same.(iv)The auction holder shall immediately report all accidents to the competent authority and the Collector of the district.(v)The auction holder shall have no right over the quarried material and other properties lying in the auction area after expiry of the term of auction and shall be deemed to be the properties of Government and may be disposed of by public auction.(vi)The auction holder shall not undertake any operation in any forest area without obtaining prior permission from the concerned authority of the Forest Department.(vii)The auction holder shall pay to the occupier of the surface of the land just and reasonable compensation as may be agreed upon by the auction holder and owner of the land.(viii)The auction holder shall not carry on quarrying operation within a distance of 50 meters from any public road, public building, temple, reservoir, dam, burial ground, railway track, etc and nor cause any damage to public and private property.(ix)The auction holder shall, at his own expense, erect and at all time maintain and keep in good condition boundary marks and pillars necessary to delineate the auction area.(x)The auction holder shall abide by the provisions of Mines and Minerals (Development and Regulation) Act, 1957; Mines Act, 1952; Explosives Act, 1884; Explosive Substances Act, 1908 and rules made thereunder and all other laws for the time being in force relating to the working of quarries and matters affecting the safety, health, and conveniences of persons working for querying operation and of public.(xi)The auction holder shall obey all existing rights of way, water and other easements.(xii)The auction holder shall keep correct monthly account of minor mineral quarried and dispatched and furnish a monthly return in FORM-Y to the Competent authority by 15th of succeeding month. He shall furnish an annual return in FORM-Z to the competent authority and the Director, Orissa for the financial year or part thereof within a week of the close of the financial year or expiry of the term of the auction.(xiii)The auction holder shall allow the Director, controlling authority and competent authority or any officer authorised by any of them to inspect the quarrying operation and to check the accounts of production and dispatches from the register maintained by him.(xiv)The auction holder shall not remove any minor mineral from the area without obtaining prior permission from the competent authority or any other officer authorised by him. No minor mineral shall be dispatched from the area without valid transit pass issued by such officer.(xv)In case laterite quarry, the auction holder shall not use power cutter or any such machinery for excavation of laterite.(xvi)The auction holder shall take all possible precautions for protection of environment and control of pollution including reclamation of the quarried out area.(xvii)If in any event the orders of the competent authority is revised, reviewed or cancelled by the concerned controlling authority or the auction holder fails to fulfill the terms and conditions of the auction sale due to force majure such as act of God, war, insurrections, riot, civil commotion, strike, earth quake, storm, tidal wave, flood, lightning, explosion, fire, and any other happening beyond control of auction holder, delay in development of infrastructure, acquiring of land for quarrying operation and for use of land for public purposes; the auction holder shall not claim for any compensation.(xviii)The auction holder shall not use explosive in any manner without obtaining an explosive license from the appropriate authority.(xix)The auction holder shall pay a wage not less than the minimum wage prescribed by the State Government from time to time under the Minimum Wages Act, 1948.(xx)Competent authority may impose such further condition as he may think necessary in the interest of mineral development.Chapter-VII Miscellaneous
