Section 41 in Gujarat Minor Mineral Concession Rules, 2017
41. Lapsing of the quarry leas.
(1)A quarry lease shall lapse in accordance with the provisions of section 4A. Subject to the conditions of this rule, where quarrying operations are not commenced within a period of two years from the date of execution of the quarry lease, or are discontinued for a continuous period of two years after commencement of such operations, the quarry lease shall lapse.(2)The lapsing of a quarry lease shall be recorded through an order issued by the Government and shall also be communicated to the lessee.(3)Where a lessee is unable to commence the quarrying operations within a period of two years from the date of execution of the quarry lease or discontinuation of quarrying operations for reasons beyond his control, he may submit an application to the Government, explaining the reasons for the same, at least three months before the expiry of such period of two years:Provided where the lessee has failed to make the application within the time stipulated above, the quarry lease shall lapse on expiry of the period of two years.(4)The Government shall, after examining the adequacy and genuineness of the reasons for the non-commencement of quarrying operations or discontinuance thereof, pass an order, within a period of three months from the date of receipt of the application made under sub-rule (3) or the date on which the quarry lease would have otherwise lapsed, whichever is earlier, either granting or rejecting such request:Provided that, such quarry lease shall lapse on failure to undertake mining operations or inability to continue the same before the end of a period of six months from the date of the order of the Government communicating that the lease has not lapsed.(5)The Government may, on an application made by the quarry lease holder submitted within a period of six months from the date of its lapse and on being satisfied about the adequacy and genuineness of the reasons for non-commencement of quarrying operations or discontinuance thereof was beyond the control of the holder of the quarry lease, revive the quarry lease within a period of three months from the date of receiving the application from such prospective or retrospective date as it thinks fit but not earlier than the date of lapse of the quarry lease:Provided that no quarry lease shall be revived more than twice during the entire period of the quarry lease.(6)Every application made under sub-rule (3) prior to lapse of the quarry lease or under sub-rule (5) for revival of the quarry lease shall specify in detail:(a)the reasons on account of which it will not be possible for the lessee to undertake or on account of which the lessee failed to undertake quarrying operations or continue such operations;(b)the manner in which such reasons are beyond the control of the lessee: and(c)the steps that have been taken by the lessee to mitigate the impact of such reasons.Provided that the Government may seek such additional information, documents or clarifications with respect to the application as it may require.(7)Every application under sub-rule (3) or sub-rule (5) shall be accompanied by a non-refundable fee of rupees five thousand per hectare or part thereof or fifty thousand, whichever is higher.(8)The Government shall have the right to enforce the performance security of the lessee to carry out protective, reclamation and rehabilitation measures in the leased area of the quarry lease which has lapsed.(9)The lessee shall pay any expenditure over and above the performance security incurred by the Government, towards protective, reclamation and rehabilitation measures in the leased area of the quarry lease which has lapsed.
