Section 28(2) in Rajasthan Minor Mineral Concession Rules, 2017
(2)Every mining lease shall be subject to the following additional conditions: -(i)The holder of a lease granted before or on or after the commencement of these rules, shall notwithstanding anything contained in the instrument of lease or any law or rules in force at such commencement, pay royalty in respect of any mineral removed by him and/ or consumed within the leased area at the rates specified in Schedule II;(ii)The lessee shall pay, for every year, such yearly dead rent in advance, as may be fixed by the Government and if the lease is granted for more than one mineral, the dead rent for the mineral which is higher as per Schedule III shall be charged, but separate dead rent shall not be charged in respect of each mineral:Provided that the lessee shall be liable to pay dead rent or royalty whichever is higher but not both.(iii)The lessee may erect on the area granted to him, any building required for bonafide purpose and such building shall be the property of the Government after the expiry of the lease or earlier determination or surrender of the lease:Provided that in case of mining lease of mineral bajri (river sand), the lessee shall not erect any building in the lease area;(iv)(a)The lessee shall keep accurate and faithful accounts of all minerals excavated from the mines, the quantity lying in stock at the mines, the quantity dispatched and utilised along with the number of persons employed in Form -13 and record of rawanna issued in rawanna register in Form -14. It shall contain particulars regarding the quantity of mineral sold or utilized, its value and name of person or firm to whom sold;(b)The lessee shall keep production of all the minerals within the limits of mine plan or permitted under applicable laws:Provided that if lessee has excavated [***] [Deleted 'and dispatched' Notification No. G.S.R. 62, dated 30.8.2017 (w.e.f. 28.2.2017).] mineral to the extent of ten percent over and above the quantity specified in the mine plan or permitted under applicable laws, only single time royalty and quantity more than ten percent but upto twenty five percent, two times of royalty on entire quantity over and above specified in the mine plan or permitted under applicable laws shall be recovered and any quantity more than twenty five percent, entire quantity over and above specified in the mine plan or permitted under applicable laws shall be treated as unauthorized excavation and lessee shall be liable to pay cost of such excess mineral which shall be computed as ten times of the royalty payable at the prevalent rate, without affecting the powers of taking action by the other departments;(c)The lessee shall maintain upto date plans of the mines and shall also allow any officer of the department authorised by the Director to examine or audit such accounts and plans at any time and shall furnish him other information as may be required;(d)The lessee shall furnish monthly online return in the Form -15 by the 15th day of the following month and online annual return in Form -16 within three month from the date of expiry of the financial year. The receipt of annual return shall be acknowledged in Form -17:Provided that if the lessee fails to submit online monthly returns or annual return within the specified time above, same may be submitted on payment of late fee at the rate of rupees five hundred per day of delay, subject to maximum of rupees fifty thousand;(e)The lessee shall not remove, dispatch or utilize the mineral from the mines without valid rawanna generated by the system or issued by the department in Form -18 or any other system notified by the Government; and(f)the lessee shall store and maintain proper accounts of unutilized or non-saleable sub-grade minerals stored within the lease area for future beneficiation;(v)The lessee shall comply with the provisions of the Act and rules made thereunder including the rules made under section 18;(vi)The Government or competent authority shall from time to time and at all times during the term of lease have the right (to be exercised by notice, in writing to the lessee) of pre-emption of the said minerals (and all products thereof) lying in or upon the said land hereby demised or elsewhere under the control of the lessee and the lessee shall deliver all minerals or products to the Government at current market rates in such quantities and in the manner and at the place specified in the notice exercising the said right;(vii)The lessee shall have to deliver the possession of area of the lease, where the lease is declared as a protected area under the Ancient Monuments Preservation Act, 1904 or any other law to the State Government without claiming any compensation;(viii)The lessee shall permit to the representative of the Government, to collect sample of all rocks found in mines or raised therefrom and all intermediate and finished products sold or intended to be sold by the lessee;(ix)The lessee shall be abstain from entering upon the surface of any occupied Government land or of any private land comprised within the leased area without obtaining prior consent of the occupant in writing;(x)The competent authority may with the prior approval of the Government impose such special conditions as deemed necessary, in the interest of mineral development;(xi)In case of mining lease of mineral bajri (river sand) or area where letter of intent holder has been permitted for extraction of bajri (river sand), the lessee or letter of intent holder shall, -(a)abstain from mining beyond a depth of three meters from the surface or below the water level of river or nallah whichever is less and shall work in such a manner that natural flow path of river or nallah is not altered;(b)have no claims whatsoever under any circumstances for non-operation due to floods or heavy rains or any other situation during the lease period;(c)carry out mining operations after leaving a buffer zone of three meters from the river bank;(d)make their own arrangement for installation of computerised weigh bridge and CCTV camera on check post; and(e)not extract bajri within five hundred meters from any crucial hydraulic structure such as pumping station, water intake and bridge;(xii)The existing lessees on the day of commencement these rules, shall obtain surface rights or consent of the landowner on mutually agreed before starting mining operation in the area or part thereof where land is not owned by lessee:Provided that no fresh consent of the owner of the land would be required where such consent has already been obtained.(xiii)The lessee shall, in the matter of employment, give preference to the tribal's and to the persons who become displaced because of the taking up of mining operations;(xiv)The lessee shall permit students of mining and geological institutions approved by the Government to acquire practical training of the mines and plants operated by him and provide all necessary facilities required for the training;(xv)The lessee or lessees shall, when mandated by the Government, provide and at all times keep at or near the pit head or each of the pit heads or in nearby cluster area at which the minerals shall be brought to bank, a properly constructed and efficient computerized weighing machine and shall weigh or cause to be weighed thereon all the said minerals, from time to time, brought to bank, sold, exported and converted and also the converted products. The lessee shall at the close of each day cause the total weights, ascertained by such means of the said minerals raised, sold, exported and converted during the previous twenty four hours, to be entered in the books of accounts maintained by the lessee. The lessee shall at all times during the term of the lease, permit the Government to employ any person or persons to be present at the weighing of the said minerals as aforesaid and to keep accounts thereof and to check the accounts kept by the lessee:Provided that the Government may instruct the lessee to weigh the mineral at the designated weigh bridge and the lessee shall get the vehicles weighted at such weigh bridge and such weighment shall be taken into accounts.(xvi)The lessee shall at any time or times during the term of the lease, allow any person or persons appointed in that behalf by the Government to examine and test every computerized weighing machine to be provided and kept as aforesaid and the weights used therewith in order to ascertain whether the same respectively are correct and in good repair and order. If upon any such examination or testing, any such weighing machine or weights shall be found incorrect or out of repair or order, the Government may require that the same be adjusted, repaired and put in order by and at the expense of the lessee. If such requisition is not complied with within thirty days after the same has been made, the Government may cause such weighing machine or weights to be adjusted, repaired and put in order at the expense of the lessee. If upon any such examination or testing as aforesaid, any error is discovered in any weighing machine or weights to the prejudice of the Government, such error shall be regarded as having existed for three calendar months prior to the discovery thereof or from the last occasion of so examining and testing the same weighing machine and weights, in case such occasion is within the said period of three months, and the lessee shall pay the royalty accounted for accordingly;(xvii)(a)In case of any breach on the part of the lessee of any covenant or condition contained in the lease, the competent authority may determine the lease with prior approval of next higher authority and take possession of the said premises and forfeit the security deposit or in the alternative may impose penalty as specified in Schedule IV:Provided that decision on termination of lease on breaches other than dues shall be taken by the Director on the recommendation of a committee comprising Additional Director Mines (HQ), Deputy Legal Remembrance and Superintending Mining Engineer (HQ), concerned.Provided further that decision of termination of lease shall be taken only if the lessee has failed to remedy the breach, after serving of a thirty days' notice; and(b)The competent authority may also at any time after serving the aforesaid notice enter upon the said premises and seize all or any of the minerals or movable property therein and may carry away or order the sale of the property so seized or so much of it as will suffice for the satisfaction of the rent or royalty due and all cost and expenses occasioned by the non-payment thereof:Provided that non-compliance with or violation of the terms and conditions or misbehavior by the lessee may also be punished by debarring him for a period upto five years for any future allotment of mineral concession or contract.(xviii)The lessee shall deliver up the lease premises and all mines (if any) dug therein in a proper and workable state (save in respect of any working as to which the Government might have sanctioned abandonment) to the concerned authority as soon as the lease is determined; and(xx)The Government may determine the lease, if it considers that the mineral under the lease is required for establishing an industry beneficial to the public by delivering a six month prior notice in writing:Provided that no such notice shall be necessary in the event of war or national emergency.
