Section 19 in The Rajasthan Minor Mineral Concession Rules, 1986
19. Execution of Lease.
(1)Where the lease has been granted or renewed under these rules the grantee shall pay demarcation fee, get the area demarcated, [deposit the security, performance guarantee] [Substituted by Government Notification dated 12/07/2013] along with one quarterly installment of annual dead rent and submit requisite stamps for execution of formal lease deed in form No. 5 within 45 days from the date of receipt of order for grant.(2)The lease dead shall be executed within 3 months from [the date of receipt of order of grant] [Substituted by Rajasthan Gazette Extraordinary dated 12/08/1994] and the competent authority shall sign the agreement on behalf of Governor of Rajasthan as required under Article 299 of the Constitution of India.(3)The lease deed shall be got registered by the grantee within a period of 2 months form the date of receipt of the lease deed from the Mining Engineer/Assistant Mining Engineer for the purpose and shall be returned to the Mining Engineer/Assistant Mining Engineer after registration within the said period.(4)Where the grantee fails to comply with the provisions of sub-rule (1) above within a period of 45 days from the date of receipt of the order for grant or he fails to execute the lease within 3 months form the date of receipt of order for grant or fails to return the registered lease documents within a period of 2 months provided under sub-rule (3) the order granting the lease may be revoked and amount of security and dead rent deposited by him may be forfeited.[Provided that if the grantee completes the formalities mentioned in sub-rule (1) before issue of revocation order in sub-rule (4), the competent authority may allow for execution the agreement mentioned in sub-rule (2) subject to payment of late fee @ 9% of annual dead rent for every month of delay or part thereof.] [Substituted by Government Notification dated 28/01/2011]Provided [further] [Inserted by Rajasthan Gazette Extraordinary dated 12/08/1994] that where the authority competent to grant the lease is satisfied that there are sufficient reasons to believe that the grantee is not [responsible for the delay in the execution/registration of lease deed, he may permit the execution/registration and return of the lease deed] [Substituted by Rajasthan Gazette Extraordinary dated 24/03/2011] [before issue of revocation order in sub-rule (4).] [Substituted by Government Notification dated 28/01/2011][Provided also that if the grantee returns registered lease deed before issue of the revocation order under sub-rule (4), then sanction shall not be revoked, if the grantee pay the late fee @ 9% of annual dead rent for every delay of a month or part thereof within 15 days of submission.] [Substituted by Government Notification dated 28/01/2011](5)When a mining lease is granted by the State Government or the competent authority, arrangements shall be made at the expenses of the lessee for the survey and demarcation of the area granted under the lease.Provided that where the Mining Engineer/Assistant Mining Engineer concerned feel it necessary to demarcate the area before issuing an order of grant for mining lease, he may ask the applicant to deposit the demarcation charges within time specified by him and get the area demarcated.Provided further that if the applicant fails to comply with such order the application for grant of mining lease shall be rejected.[Provided also that the lessee, after demarcation of the granted area, shall construct boundary pillars and maintain them throughout the period of lease.Provided also that re-verification of boundary pillars shall also be carried out on the request of the lessee but the expenses of the re-verification shall be twice the amount of demarcation fee given in the Note below:] [Added by Rajasthan Gazette Extraordinary dated 24/03/2011][Note: Expenses for demarcation shall be:- [Substituted by Government Notification dated 18/12/2004](a)Rs. 1000/- per Hectare or part thereof for area up to one hectare.(b)Rs. 800/- per Hectare or part thereof for area more than 1 hectare but up to 5 hectare.(c)Rs. 200/- per Hectare or part thereof for the area more than 5 hectares subject to minimum Rs. 4000/- and maximum Rs. 20000/-](6)[ Notwithstanding anything contained in sub-rule (4), where the execution/registration of lease deed could not be performed due to objection raised by District Collector or other authorities with no fault of the grantee, sanction issued may be revoked by the competent authority after taking approval of Director. In such case [security deposit, performance guarantee, advance installment of dead rent and application fee deposited] [Added by Rajasthan Gazette Extraordinary dated 25/05/2012] by grantee shall be refunded.] [Added by Rajasthan Gazette Extraordinary dated 12/08/1994]
