Section 19 in Gujarat Minor Mineral Concession Rules, 2017
19. Liabilities, rights, powers, privileges and obligations of the Government.
- (1) Survey and demarcation. - When a quarry lease is granted by the Government, arrangements shall be made by the Government at the expense of the lessee for the survey, identification and demarcation of the area granted under the quarry lease using differential global positioning system and preparation of topographic and geological map using total station and possession of the area shall be deemed to have been handed over to the lessee on the date that the quarry lease deed is executed.(2)Right of Pre-emption. - The Government shall at all times have the right of pre-emption of the minerals won from the lease area. If the Government is desirous of exercising its right of pre-emption with respect to any mineral(s) the Government shall pay the fair market price of such minerals prevailing at the time of pre-emption, as determined by the Government. In order to assist in arriving at the said fair market price, the lessee shall, if so required, furnish to the Government for its information, particulars of the quantities, descriptions and prices of the mineral or products thereof sold to third parties and shall produce, to the officer or officers as may be authorised by the Government, original or authenticated copies of contracts and charter parties entered into for such sale.(3)Right of entry and inspection. - The Government or any person authorised in that behalf by the Government shall have the right to:(a)enter into and upon the lease area and to construct upon, over or through the same, any railways, tramways, roadways or pipelines for any purpose authorised by the Government and to get from the lease area stones, gravel, earth and other materials for making, maintaining and repairing such railways, tramways, roads or any existing railways and roads:Provided that before such liberty or power is exercised, a notice of not less than sixty days shall be given to the lessee and the area utilized by Government for any of the aforesaid purpose shall be excluded from the lease area and the lessee will not be entitled to claim any compensation for such exclusion; and(b)to pass over or along any such railways, tramways, road lines and other ways, at all times, with or without horses, cattle or other animals, carts, wagons, carriages, locomotives or other vehicles for all purposes:Provided that in the exercise of such liberty and power by such other person authorised by the Government, no substantial hindrance or interference shall be caused to or with the liberties, powers and privileges of the lessee and fair compensation as may be mutually agreed upon or in the event of disagreement, as may be decided by the Government, shall be made to the lessee for all loss or damage substantial hindrance or interference caused to the lessee by such other person authorised by the Government.(4)War or emergency situations. - In the event of the existence of a state of war or emergency (of which existence the President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof), the Government with the consent of the Central Government shall, from time to time and at all times during the quarry lease term, have the right (to be exercised by a notice in writing to the lessee) forthwith to take possession and control of the works, plant, machinery and premises of the lessee on or in connection with the lease area or the operations under the quarry lease and during such possession or control, the lessee shall conform to and obey all directions given by or on behalf of the Central Government or Government regarding the use or employment of such works, plants, premises and minerals, provided that fair compensation shall be paid to the lessee for all loss or damage sustained by him by reason or in consequence of the exercise of the powers conferred hereby. The exercise of such power shall not result in termination or extension of the quarry lease term or affect the terms and provisions of the quarry lease other than to the extent specified herein.(5)Right to sell workings. - If at the end of six calendar months after the expiry or termination of the quarry lease on account of default of the lessee, there shall remain in or upon the lease area any mineral, engines, machinery, plant, buildings structures, tramways, railways and other work, erections and conveniences or other property, the same shall be deemed to become the property of the Government and may be sold or disposed of in such manner as the Government shall deem fit without liability to pay any compensation or to account to the lessee in respect thereof.(6)Acquisition of land of third parties and compensation thereof. - If after the receipt of an offer of compensation for any damage which is likely to arise from the proposed operation of the lessee, the occupier of the surface or any part of the said lands refuses his consent to the exercise of the rights and powers reserved to the Government and granted by the quarry lease, the lessee shall report the matter to the Government and shall deposit with it the amount offered as compensation and if the Government is satisfied that the amount of compensation is reasonable or if it is not so satisfied and the lessee shall have deposited with it such further amount as the Government may consider reasonable, the Government shall order the occupier to allow the lessee to enter upon the said land and carry out such operations as may be necessary for the purpose of the quarry lease. In assessing the amount of such compensation the Government shall be guided by the principles of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.(7)Changes to demarcation of the lease area. - Where subsequent to grant of a quarry lease, the landowner refuses his consent to the exercise of the rights and privileges of the lessee pursuant to the rules, the landowner may submit a written application to the Government for exclusion of the land owned by him from the lease area. The Government may, on being satisfied about the genuineness of the reasons for such request, consider exclusion of such land from the lease area.
