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Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019

Bihar Minerals (Concession, Prevention of Illegal Mining, Transportation & Storage) Rules, 2019

Raw JSON API

Sections

1. Short Title, Extent and Commencement.

Section 1

2. Definitions.

Section 2

3. Appointment of Mines Commissioner.

Section 3

4. Appointment of Director Mines.

Section 4

5. Role of the Collector.

Section 5

6. Role of the Superintendent of Police.

Section 6

7. Powers and functions of the Mines Commissioner.

Section 7

8. Power and function of Director Mines.

Section 8

9. Mining Officers at the District Level.

Section 9

10. Persons with Special Powers.

Section 10

11. Prohibition of mining operation without permit or mining lease.

Section 11

12. Restriction on the grant of quarrying permit or mining lease.

Section 12

13. Boundaries below the surface.

Section 13

14. Maximum and Minimum area for a Mining lease/ Settlement.

Section 14

15. Mineral concession to be in a compact block.

Section 15

16. Duration of mineral concessions.

Section 16

17. Mining Plan.

Section 17

18. Protection of Environment.

Section 18

19. Contribution to the District Mineral Foundation.

Section 19

20. Mining in the Forest Areas.

Section 20

21. Other Conditions.

Section 21

24. Application for grant of mining leases.

Section 24

25. Survey of the area.

Section 25

26. Conditions.

Section 26

27. Application for the transfer of mineral concession.

Section 27

28. Execution of lease.

Section 28

30. Penalty In case of breach of terms.

Section 30

31. Activities by the Bihar State Mining Corporation.

Section 31

32. Corporation to buy minerals at prescribed rates.

Section 32

33. Grant of quarrying permits.

Section 33

34. Application for quarrying permit.

Section 34

35. Disposal of application for quarrying permit.

Section 35

36. Conditions on which the quarrying permit shall be granted.

Section 36

40. Usage of Electronic Procedures.

Section 40

41. E-Challan.

Section 41

42. Mining MIS.

Section 42

43. Prohibition on Transportation.

Section 43

44. Restrictions on Vehicles Carrying Minerals.

Section 44

45. Power to Regulate Movement of Minerals.

Section 45

46. Registers, returns and Signboard.

Section 46

47. Power to Suspend or Cancel Mineral Concession.

Section 47

48. Power of the Collector to take over the Management.

Section 48

49. Power of Collector to Requisition Minor Minerals.

Section 49

50. Exit Option for Mineral Concession Holder.

Section 50

51. Rent/royalty and assessment.

Section 51

52. Single Bank Account.

Section 52

53. Power to Freeze Bank Account.

Section 53

54. How the fees and deposit to be made.

Section 54

56. Penalty for unauthorized extraction and removal of minor minerals.

Section 56

57. Seigniorage Fee from Government Projects.

Section 57

58. Sale price of Minor Minerals.

Section 58

59. Power to enter, inspect, search and seize.

Section 59

60. Power to stop and check any carrier, transport or vessel.

Section 60

61. Offences cognizable upon written complaints.

Section 61

62. Compounding of Offence.

Section 62

63. Reports of Searches and Seizures.

Section 63

64. Special Courts.

Section 64

65. Power to transfer cases to Regular Courts.

Section 65

66. Appeal.

Section 66

67. Appeals.

Section 67

68. Revision.

Section 68

69. State Level Mining Task Force.

Section 69

70. Monitoring Committee.

Section 70

71. Function of State Level Mining Task Force.

Section 71

72. Divisional Level Mining Task Force.

Section 72

73. Function of the Divisional Level Mining Task Force.

Section 73

74. District Level Mining Task Force.

Section 74

75. Function of the District Level Mining Task Force.

Section 75

76. Power of State Government to exempt minor minerals from the provisions of these Rules.

Section 76

77. Power of Government to relax the operation of any provision of these Rules.

Section 77

78. Mining Lease etc to any Works Department.

Section 78

79. Power to rectify apparent errors.

Section 79

80. Submission of copy of lease.

Section 80

81. Interpretation of mining lease.

Section 81

82. Mode of realization of rents, royalties and penalty.

Section 82

83. Payment of compensation to owner of surface rights etc.

Section 83

84. Power to issue directions.

Section 84

85. Officers to be Public Servants.

Section 85

86. Protection of action taken in good faith.

Section 86

87. Orders to remain in Force.

Section 87

88. Repeal and Savings.

Section 88

89. Power to remove difficulty.

Section 89

90. Laying of Rules.

Section 90

1. To enter upon land & search for, win, work etc. - Liberty and power at all times during the term hereby demised to enter upon the said lands and to search for, mine, bore, dig, drill for, win, work, dress, process, convert, carry away and dispose of the said mineral/minerals.

Section 1

2. To sink, drive and make pits, shafts, and inclines etc. - Liberty and power for or in connection with any of the purposes mentioned in this part to sink, drive, make, maintain and use in the said lands any pits, shafts, inclines drifts, levels, waterways, airways and other works (and to use, maintain, deepen or extend any existing works of the like nature in the said lands).

Section 2

3. To bring and use machinery, equipments etc. - Liberty and power for or in connection with any of the purpose mentioned in this part to erect, construct, maintain and use on or under the said lands any engines, machinery, plant, dressing floors, furnaces, coke ovens, brick-kilns, workshops, store houses, bungalows, godowns, sheds and other buildings and other works and conveniences of the like nature on or under the said lands.

Section 3

4. To make roads and ways etc. and use existing roads and ways. - Liberty and power for or in connection with any of the purposes mentioned in this part to make any tramways, railways, aircraft landing grounds and other ways in or over the said lands and to use, maintain and go, and repass with or without horses, cattle, wagons, aircrafts, locomotives or other vehicles over the same (or any existing tramways, railways, roads and other ways in or over the said lands) on such conditionsas may be a

Section 4

5. To use water from streams etc. - Liberty and power for or in connection with any of the purposes mentioned in this part but subject to the right of any existing or future lessees and with the written permission of the Collector to appropriate and use water from any streams, water-courses, springs or other sources in or upon the said lands, to step up or dam any such stream or water course and collect or impound any such water and to make, construct and maintain any water course culverts, drai

Section 5

6. To use land for stacking, heaping or depositing purpose. - Liberty and power to enter upon and use a sufficient part of the surface of the said lands for the purpose of stacking, heaping, storing or depositing therein any produce of the mines or works carried on and any tools, equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part.

Section 6

7. Beneficiation and conveying away of production. - Liberty and power to enter upon and use a sufficient part of the said lands to beneficiate any mineral produced from the said lands and to carry away such beneficiated mineral.

Section 7

8. To clear brushwood and to fell and utilize trees, etc. - Liberty and power for or in connection with any of the purposes mentioned in this part and subject to the existing rights of others and save as provided that Collector may ask the lessee/lessees to pay for any tree or timber felled and utilized by him/them at the rates specified by the Collector.

Section 8

1. No building etc. upon certain places. - No building etc. shall be erected, set up or placed and no surface operations shall be carried on in or upon any public pleasure ground, burning or burial ground, or place held sacred by any class of persons or any house or village site, public road, or other place which the State Government may determine as public ground or in such a manner as to injure or prejudicially affect any buildings, works, property or rights of other persons and no land shall

Section 1

2. Permission for surface operations in a land not already in use. - Before using for surface operations any land which has not already been used for such operations, the lessee/lessees shall give to the Collector of the District two calendar months previous notice in writing specifying the name or other description of the situation and the extent of the land proposed to be so used and the purpose for which the same is required and the said land shall not be so used if objection is issued by the

Section 2

3. To cut trees in unreserved lands. - The lessee/lessees shall not, without the express sanction of the Collector, cut down or injure any timber or trees on the said lands but may without such sanction clear away any brushwood or under growth which interferes with any operations authorised by these presents. The Collector may require the lessee/lessees to pay for any tree or timber felled and utilized by him/them at the rates specified by the State Government in Forest and Environment Departmen

Section 3

4. Not to enter upon reserved forests. - Notwithstanding anything contained in this Schedule the lessee/lessees shall not enter upon any reserved forest included in the said lands or fell, cut and use any timber or trees.

Section 4

5. No mining operations within 50 meters of public works etc. - The lessee/lessees shall not work or carry on or allow to be worked or carried on any mining operations at or to any point within a distance of 50 meters from any railway line except with the previous written permission of the Railway Administration concerned or under or beneath any rope way or any ropeway trestle or station, except under and in accordance with the written permission of the authority owning the ropeway or from any r

Section 5

6. Facilities for adjoining Government licenses and leases. - The lessee/lessees shall allow existing and future holders of Government licenses or leases over any land which is comprised in or adjoins or reached or is reached by the land held by the lessee/lessees reasonable facilities of access thereto:

Section 6

1. To work other minerals. - Liberty and power for the State Government, or to any lessee or persons authorised by it in that behalf to enter into and upon the said lands and to search for, win, work, dig, get, raise, dress, process, convert and carry away minerals other than the said minerals and any other substances and for those purposes to sink, drive, make erect, construct, maintain and use such pits, shafts, inclines, drifts, levels and other lines, waterways, airways, water courses, drain

Section 1
part II

2. To make railway lines and roads, etc. - Liberty and power for the State Government or any lessee or person authorized by it on that behalf to enter into and upon the said lands and to make upon over or through the same any railways, tramways, roadways , electric lines, telephone lines or pipelines for any purpose other than other than those mentioned in part II of these presents and to get from the said land stoned, gravel, earth and other materials for making, maintaining and repairing such

Section 2

3. Lease by mistake. - The lessee shall have no claim against the State Government for compensation or damage in respect of land having been included in this lease which already been included in some previous lease but that the lessee shall be entitled to proportionate reduction of the assessment in respect of any land covered by the lease which may subsequently be discovered not to have been available for lease.

Section 3

4. Action in case of occurrence of valuable Mineral. - In case there are reasons to believe at any time that valuable mineral or minerals exist along with the mineral for which this lease is being granted the Collector may issue such order for the compliance of the lessee as the Collector may thing proper for dumping of the tailings or screened rejects of the mineral to treated or treatment of the mineral to which this lease is being granted. The granting of this lease to the lessee will always

Section 4

1. To pay dead rent or royalty whichever is higher. - The lessee shall pay for every year except the first year of the lease, dead rent specified in clause 2 of this Part. Provided that the lessee shall be liable to pay the dead rent or royalty in respect of each mineral whichever is higher in amount but not both.

Section 2

2. Rate and mode of payment of dead rent. - Subject to the provisions of clause 1 of this Part, as from the day [XXXX].........20.........during the subsistence of the lease, the lessee/lessees shall pay to the Collector(in four equal quarterly installments on the ............day of the months of ............or in four equal half yearly installments on the ............day of and the day of.............(in each year) certain annual dead rent at the following rate per acre of land s, described in

Section 1

3. Rate and mode of payment of royalty/Settlement Amount. - Subject to the provision of clause 1 of this part, the lessee/lessees shall during the subsistence of this lease pay to the State Government at such times and in such manner as the State Government may prescribe, installment of settlement amount/royalty in respect of any mineral/minerals removed by him/them from the leased area at the rate for the time being specified in the Schedule IIIA of the said Rules.

Section 1

4. Payment of surface rent, and water rate. - The lessee/lessees shall pay rent and water rate to the State Government in respect of all parts of the surface of the said lands which shall from time to time be occupied or used by the lessee/lessees under the authority of these presents at the rate of Rs...................... and Rs. .................................... respectively per annum per acre of the area so occupied or used and so in proportion for any area less than a acre during the per

Section 4
Part V

1. Rent and royalties to be from deduction etc. - The rent, water rate and royalties mentioned in Part V of this Schedule shall be paid free from any deductions to the State Government at .............................. and such manner as the State Government may prescribe.

Section 1

2. Mode of computation of royalty. - For the purposes of computing the said royalties the lessee/lessees shall keep a correct account of the mineral/minerals produced and dispatched. An Account as well as the weight of the mineral/minerals in stock or the process of export may be checked by an officer authorised by the State Government.

Section 2

3. Monthly account to be sent to State Government. - The accounts for each month in respect of raising, sale, dispatch, local consumption, royalty, and rent dues and paid shall be [submitted] within 15 days of the month following and a true copy signed by the lessees or his/her/its authorised agent shall be sent in triplicate to the Competent Officer thereafter in a form that may be prescribed from time to time by the State Government .

Section 3

4. Interest on arrear payments. - The lessee/lessees shall be liable to pay interest at the rate of [24] percent per annum on any amount remaining payable to the State Government

Section 4

5. Course of action if rents and royalties are not paid in time. - Should any rent, royalty or other sums due to the State Government under the terms and conditions of these presents be not paid by the lessee/lessees within the prescribed time the same, together with simple interest due thereon at the rate of twenty four percent per annum may be recovered on a certificate of such officer as may be specified by the State Government by general or special order, in the same manner as an arrear of l

Section 5

1. Lessee to pay rents and royalties taxes, etc. - The lessee/lessees shall pay the rent, water rate and royalties reserved by this lease at such times and in the manner provided in PARTS V and VI of these presents and shall also pay and discharge all taxes, rates, assessments and impositions whatsoever being in the nature of public demands which shall, from time to time, be charged, assessed or imposed by the authority of the Central and State Governments upon or in respect of the premises and

Section 1

2. To maintain and keep boundary marks in good order. - The lessee/lessees shall at his/their own expense, erect and at all times maintain and keep in repair, boundary marks and pillars according to the demarcation to be shown in the plan annexed to this lease. Such marks and pillars shall be sufficiently clear of the shrubs and other obstructions as to allow easy identification.

Section 2

3. To commence operations within three months and work in a workmanlike manner.-The lessee/lessees shall commence operation within three months from the date of execution of the lease and shall thereafter at all times during the continuance of his lease search for, win, work and develop the said minerals without voluntary intermission in a skillful and workman-like manner and as prescribed under clause 12 hereinafter without doing or permitting to be done any unnecessary or avoidable damage to t

Section 12

4. To indemnify Government against all claims. - The lessee/lessees shall make and pay such reasonable satisfaction and compensation as may be assessed by lawful authority in accordance with the law in force on the subject for all damage, injury or disturbance which may be done by him/them in exercise of the powers granted by this lease and shall indemnify and keep indemnified fully and completely the State Government against all claims which may be made by any person or persons in respect of an

Section 4

5. To secure and keep in good condition pits, shafts, etc. - The lessee/lessees shall, during the subsistence of this lease, well and sufficiently secure and keep open with timber or other durable means all pits, shafts and workings that maybe made or used in the said lands and make and maintain sufficient fences to the satisfaction of the concerned authority of the Central or State Government round every such pit, shaft or working whether the same is abandoned or not and shall during the same p

Section 5

6. To strengthen and support the mine to necessary extent. - The lessee/lessees shall strengthen and support to the satisfaction of the Railway Administration concerned or the State Government, as the case may be, any part of the mine which in its opinion requires such strengthening or support for the safety of any railway, reservoir, canal, road and any other public works or structures.

Section 6

7. To allow inspection of workings. - The lessee /lessees shall allow any officer authorised by the Central Government or the State Government in that behalf to enter upon the premises including any building, excavation or land comprised in the lease for the purpose of inspecting, examining, surveying, prospecting and making plans thereof, sampling and collecting any data and the lessee/lessees shall with proper person employed by the lessee/lessees and acquainted with the mines and works effect

Section 7

8. To report accident. - The lessee/lessees shall without delay, send to the Collector/ competent officer, as the case may be, a report of any accident causing death or serious bodily injury or serious injury to property or seriously affecting or endangering life or property which may occur in the course of the operations under this lease.

Section 8

9. To report discovery of other minerals. - The lessee/lessees shall report to the Collector/competent officer, as the case may be, the discovery in the leased area of any mineral not specified in the lease within sixty days of such discovery along with full particulars of the nature and position of each such find. If any mineral not specified in the lease is discovered in the leased area, the lessee/lessees shall not win and dispose of such mineral unless such mineral is included in the lease o

Section 9

10. To keep records and accounts regarding production and employees etc. - The lessee/lessees shall at all time during the said term, keep or cause to be kept at an office to be situated upon or near the said lands, correct and intelligible books of accounts which shall contain accurate entries showing from time to time.-

Section 10

11. To maintain plans, etc. - The lessee/lessees shall at all times during the said term, maintain at the mine office correct, intelligible, up-to-date and complete plans and sections of the mines in the said lands. They shall show all the operations and workings and all the trenches, pits and drillings made by him/them in the course of operations carried on by him/them under the lease, faults and other disturbances encountered and geological data and all such plans and sections shall be amended

Section 11

11A. The lessee shall pay a wage not less than the minimum wage prescribed by the Central or State Government from time to time.

Section 11A

11B. The lessee shall comply with provisions of the Mines Act, 1952, as and when applicable and the rules made thereunder.

Section 11B

11C. The lessee shall take measures for the protection of environment like planting of trees, reclamation of land, use of pollution control devices; and such other measures as may be prescribed by the Central or State Government, from time to time, at his own expense.

Section 11C

11D. The lessee shall pay compensation to the occupier of the land on the date and in the manner as prescribed by the State Government.

Section 11D

11E. The lessee shall, in the matter of employment, give preference to the tribal and to the persons who become displaced because of the taking up of mining operations.

Section 11E

12. Act 67 of 1957. - The lessee/lessees shall be bound by such rules as may be issued from time to time by the Government of India under section 15 of the Mines and Minerals (Development and Regulation) Act, 1957 (Act 67 of 1957) and shall not carry on mining or other operations under the said lease in any way other than as prescribed under these rules.

Section 15

13. To provide weighing machine. - Unless specifically exempted by the State Government, the lessee/lessees shall provide and at all times keep at or near the pit head or each of the pit heads at which the said minerals shall be brought to bank, a properly constructed and efficient 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 and shall at the close of each da

Section 13

14. To allow test of weighing machine. - The lessee/lessees shall allow any person or persons appointed in that behalf by the State Government at any time or times during the said term, to examine and test every 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 and if upon any such examination or testing any such weighing machine or weights shall be found incorrect or o

Section 14

15. To pay compensation for injury of third parties. - The lessee/lessees shall make and pay reasonable satisfaction and compensation for all damage, injury or disturbance of person or property which may be done by or on the part of lessee/lessees in exercise of the liberties and power granted by these presents and shall at all times save harmless and keep indemnified the State Government from and against all suits, claims and demands which may be brought or made by any person or persons in resp

Section 15

16. Not to obstruct working of other minerals. - The lessee/lessees will exercise the liberties and powers hereby granted in such a manner as to offer no unnecessary or reasonably avoidable obstruction or interruption to the development and working within the said lands of any minerals not included in this lease and shall at all times afford to the State Government and to the holders of mining leases in respect of any such minerals or any minerals within any land adjacent to the said lands, as t

Section 16

17. Transfer of lease. - (1) The lessee/lessees shall not, without the previous approval of the Collector,:-

Section 17

18. Not to be financed or controlled by a Trust, Corporation, Firm or person. - The lease shall not be controlled and the lessee/lessees shall not allow themselves to be controlled by any Trust, Syndicate, Corporation, Firm or person except with the written consent of the State Government. The lessee/lessees shall not enter into or make any arrangement, compact or understanding, whereby the lessee/lessees will or may be directly or indirectly financed by or under which the lessee's/lessees' oper

Section 18

19. Lessee shall deposit any additional amount necessary. - Whenever the security deposit Rs. .............. or any part thereof or any further sum hereafter deposited with the Collector in replenishment thereof shall be forfeited or applied by the State Government pursuant to the power hereinafter declared in that behalf the lessee/lessees shall deposit with the Collector such further sum as may be sufficient with the unappropriated part thereof to bring the amount in deposit with the State Gov

Section 19

20. Delivery of workings in good order to State Governments after determination of lease. - The lessee/lessees shall at the expiration or sooner determination of the said term deliver up to the State Government all mines, pits, shafts, inclines, drifts, levels, water ways, airways and other works now existing or hereafter to be sunk or made on or under the said lands except such as have been abandoned with the sanction of the State Government and in any ordinary and fair course of working all en

Section 20

22. Employment of foreign national. - The lessee/lessees shall not employ, in connection with the mining operations any person who is not an Indian national except with the previous approval of the State Government.

Section 22

23. Recovery of expenses incurred by the State Government. - If any of the works or matters which in accordance with the covenants in that behalf hereinbefore contained are to be carried or performed by the lessee/lessees be not so carried out or performed within the time specified in that behalf, the State Government may cause the same to be carried out or performed and the lessee/lessees shall pay the State Government on demand all expenses which shall be incurred in such carrying out or perfo

Section 23

24. Furnishing of geophysical data. - The lessee/lessees shall furnish, -

Section 24

25. Storage and use of explosive. - The storage and use of any explosive shall only be in accordance with the provision of Indian Explosive Act, the Metalliferous Mines Regulation for the time being in force and lawful directions of the Inspector of Mines. The lessee shall be responsible for and ensure that no explosive intended for the mine is pilfered or misused or used for purposes, within or outside the lease area, other than mining within the lease area.

Section 25

26. Boundary dispute. - If any boundary dispute or disputes regarding the right or way or any other dispute, whatsoever regarding the construction of any term or condition in the lease arises between the lessee and the lessee of any adjoining block already leased under similar terms or which may subsequently be leased, the lessee shall be bound to submit such dispute to the decision of the Collector or to an officer appointed by State Government for the purpose. An appeal shall lie to the Commis

Section 26

27. To abide by rules and regulations. - The lessee shall abide by all existing laws and rules and regulations as may be enforced by the Government of India or the State Government and all such other laws, rules and regulations as may be enforced from time to time in respect of working of mines and minerals and other matter affecting the safety, health and convince of the employees of the lessee or of the public. On receipt of a notice from the State Government or from an officer authorised by t

Section 27

28. The lease shall be liable to cancellation if the lessee ceases to work the mine or the quarry, for a continuous period of one year without obtaining the previous permission of the competent office or collector.

Section 28

29. If the lessee does not work in any part of the area leased out to him continuously for period of six months, of which the Collector shall be the sole judge, the Collector shall have the power to determine the lease and reenter the area, provided that the lessee shall be given a reasonable opportunity to show cause against the same.

Section 29

30. If the lessee does not work on more than 10% of the area leased out to him continuously for more than 6 months of which the Collector shall be the sole judge, the Collector shall have the power to re-enter on 75% of the area comprised in the lease, provided that the lessee shall be given a reasonable opportunity to show cause against the same and the area left with the lessee shall be a compact block including the portion of the area worked by him and the terms of the original lease shall be

Section 30

31. It will be the responsibility of the lessee to ensure that the individual/public/ community properties, cultivable land/structures like Road/Temple/ Mosque/ Gurudwara/ Church or any other property is not damaged during the course of mining. Otherwise the lessee will have to pay the compensation to the concerned and his settlement can also be cancelled on these basis and all the deposited amount can be forfeited.

Section 31

32. The Collector may cancel the leased area if the said area is notified as archaeological site or reserve/protected forest area in future.

Section 32

33. All mining operations shall be in accordance with the terms and conditions laid under the Environmental Clearance submitted by the lessee.

Section 33

34. Any mining operation under settlement shall be undertaken by the lessee in accordance with the terms & conditions of approved mining plan prepared for the entire settlement period.

Section 34

35. Lessee shall have to pay to the District Mineral Foundation at prescribed rates every calendar year during the entire lease period.

Section 35

36. Lessee shall have to pay 2.06% of every calendar year settlement amount as Income Tax and surcharge.

Section 36

37. The lessee shall have no claim against the State Government for compensation or damages due to non-availability of minerals or boundary disputes or any hindrance caused in transportation.

Section 37

38. The lessee shall allow other lessee to transport the mineral through his auction area.

Section 38

39. Lessee shall have to display a signboard at mining sight exhibiting name and address of the Lessee, Settlement period, name and address of local manager.

Section 39

40. Lessee shall have to arrange shed/shelter, drinking water, 'Palna Ghar', First Aid kit etc. at mine site under the provisions of labour act/ rules.

Section 40

41. Lessee shall abide by any other conditions imposed by the Collector as he deems necessary in regard to public interest. The Collector may determine the settlement by passing reasoned order if the lessee commits any breach of terms and conditions mentioned above after the applicant is given reasonable opportunity of being heard.

Section 41

42. If the lessee makes default in payments of any Installments, GST, Income Tax, Stamp Duty and Registration fees on time, the Collector shall give a thirty days notice to the lessee requiring him to pay within prescribed time limit and if not paid within such period the Collector may without prejudice to any proceeding that may be taken against lessee, determine the settlement and forfeit the whole or part of the security deposit.

Section 42

43. The lessee shall have to take permission from DGMS under Rule 106 (2) (b) of Metalliferrous Mines Regulation 1961 for any deep hole blasting and before deploying any HEMM in mining area.

Section 106

44. The lessee shall have to dispatch mineral loaded vehicles by main roads only and not by the PMGSY roads.

Section 44

45. Lessee shall submit a mine closure plan within prescribed time period in the rule.

Section 45

46. The lessee shall have to submit a yearly report before 31st December of every year setting forth the extent of protective and rehabilitative works carried out as envisaged in the approved mine closure plan.

Section 46

47. The lessee shall maintain the boundary pillars on his own cost in the whole lease period according to provisions prescribed in the rule.

Section 47

48. The lessee shall use and store any explosive only after getting permission from District Magistrate. The lessee shall use any explosive in accordance with provisions of Indian explosives act and rules. Explosives shall be supplied by the firms recommended by the Collector.

Section 48

49. The lessee shall have no claim on any type of property lying within settled area before the execution of the lease deed.

Section 49

50. The period of the lease will be valid for five years from the date of execution of the lease deed. No claim for delay in handing over the area shall be accepted in future.

Section 50

51. The lease deed shall be registered by depositing required fees. The lease may be cancelled in case of non registration of lease deed.

Section 51

1. Lessee/lessees may hold and enjoy rights quietly. - The lessee/lessees paying the rents, water rate and royalties hereby reserved and observing and performing all the covenants and agreements herein contained and on the part of the lessee/lessees to be observed and performed shall and may quietly hold and enjoy the rights and premises hereby demised for and during the term hereby granted without any unlawful interruption from or by the State Government, or any person rightfully claiming under

Section 1
Part VII

2. Acquisition of land of third parties and compensation thereof. - If in accordance with the provision of clause 4 of Part VII of this Schedule the lessee/lessees shall offer to pay to an occupier of the surface of any part of the said lands compensation for any damage or injury which may arise from the proposed operations of the lessee/lessees and the said occupier shall refuse his consent to the exercise of the right and powers reserved to the State Government and demised to the lessee/lessee

Section 4

4. Collector may on an application made by the lessee, permit him to surrender one or more minerals from his lease which is for a group of minerals on the ground that deposits of that mineral have since exhausted or depleted to such an extent that it is no longer possible to work the mineral economically, subject to the condition that the lessee-

Section 4

5. Refund of security deposits. - On such date as the State Government may elect within 12 calendar months after the determination of this lease the amount of the security deposit paid in respect of this lease and then remaining in deposit with the State Government and not required to be applied to any of the purposes mentioned in this lease shall be refunded to the lessee/lessees. No interest shall run on the security deposit.

Section 5
part V

1. Breach of any condition. - In case of breach of any of the condition of the lease other than mentioned in clauses 2 and 3 of this part the Collector may require the lessee or his transferees or assignees to pay penalty not exceeding an amount of annual deed rent specified under clause 2, part V

Section 2
part III

2. Obstruction to inspection. - In case the lessee or his transferees or assignees obstructs/obstruct or does/do not allow entry or inspection any of the conditions of the lease mentioned in clause 1 part III and clauses 13, 14 and 2 of part VII, the Collector may cancel the lease and forfeit the whole or part of the security deposit.

Section 1

3. Breach of any other condition. - In case of lessee or his transferee or assignee commit any breach of any of the conditions specified in (clause 3 of part III) and clauses 2, 3, 6, 10, 23 of part VII then and in any such case the Collector shall give notice in writing to the lessee or his transferees or assignees as the case may be asking him/them to remedy the breach within 30 days from the date of the notice and if the breach is not remedied within such period the Collector may determine th

Section 3
part V

4. In case of breaches of the covenants and agreements by the lessee on which the aforesaid notice has been given, the Collector in lieu of giving notice may impose such penalty not exceeding four times the amount of annual deed rent specified in clause 2 of part V.

Section 2

5. Failure to fulfill the terms of lease due to "force majeure" . - Failure on the part of the lessee to fulfill any of the terms and conditions of this lease shall not give the Collector any claim against the lessee or be deemed a breach of this lease, in so far as such failure is considered by the said Collector to arise from force majeure, and if through force majeure the fulfillment by the lessee of any of the terms and condition of this lease be delayed the period such delay shall be added

Section 5

6. Lessee to remove his properties on the expiry of lease. - The lessee having first paid and discharged the rents and royalties payable by virtue of these presents may at the expiration or sooner determination of the said term or within six calendar months thereafter take down and remove for his own benefit all or any machinery, plant, building, and other works, erections and conveniences which may have been erected, set up on placed by the lessee in or upon the said lands and which the lessee

Section 6
part VIII

7. Forfeiture of property left more than six months after determination of lease. - If at the end of three calendar months after the expiration or sooner determination of the said term or after the expiration or sooner determination of the said term or after the date from which any, surrender by the lessee of the said lands under the provision contained in clause 4 of part VIII of this schedule become effective there shall remain in or upon the said land, any machinery, plant, buildings, structu

Section 4

8. Recovery under the public demand act. - Without prejudice to any other mode of recovery authorised by any provision of this lease or by any law all amount falling due hereunder against the lessee may be recovered as a public demand under the Bihar & Orissa Public Demands Recovery Act or any Statutory Act or Rules Thereof for the time being in force.

Section 8

9. Anticipated royalty for the purpose of stamp duty. - For the purpose of stamp duty, the anticipated royalty is Rs ...................

Section 9

10. Responsibility of managing agents. - The managing agent of the lessee shall be equally responsible as the lessee.

Section 10

11. Service of notice. - Every notice by these presents required to be given to the lessee shall be given in writing to such person resident on the said lands as the lessee may appoint for the purpose of receiving such notices and if these shall be sent the lessee by registered post addressed to the lessee at the address recorded in this lease or at such other address in India as the lessee may from time to time in writing to the Collector or the competent officer authorised by the Collector in

Section 11

12. For the purpose of stamp duty the anticipated royalty from the demised land is Rs......................................................per year.

Section 12

2. Permission is hereby granted to quarry, collect, remove and transport .....................................(mineral) from the area indicated on the plan annexed hereto during the process of maintenance / drainage of drain / canal / river or generated during the process of construction or repair or demolition of building / structure / or accumulated due to floods / dispersed through production activity at ................................................... (village) ...........................

Section 2

3. The mineral disposal permit shall be valid for........................ (Period) from ................................... to ..............................

Section 3

4. The Mineral disposal permit shall be governed by the following conditions namely-

Section 4

1. Year :

Section 1

2. Name of the Sand ghat/quarry :

Section 2

3. GPS co-ordinates of sand ghat/quarry :

Section 3

4. Name of sand ghat Owner/Settlee :

Section 4

5. Mobile No. of Settlee :

Section 5

6. Full Adress of Settlee :

Section 6

7. Date of expiry of lease :

Section 7

8. Date and time of issuance of this Challan :

Section 8

9. Challan Valid Upto :

Section 9

11. Mobile No. of the customer :

Section 11

12. Name of Mineral :

Section 12

13. Weight of the mineral(in MT) :

Section 13

14. Volume of the mineral (in Cft ) :

Section 14

15. Amount Collected at Pit Head :

Section 15

16. Vehicle No. :

Section 16

17. Type of Vehicle :

Section 17

18. Driver Name :

Section 18

19. Driver Mobile No :

Section 19

20. Destination :

Section 20

1. Name and address of lessee / permit holder

Section 1

2. Details of quarry lease / permit.

Section 2

3. Area ...............................................

Section 3

4. Mineral ...........................................

Section 4

5. Location of quarry site .........................

Section 5

1. Return for the month: ____________(name of month and year)

Section 1

2. Name of the lessee with address:_________________________________

Section 2

3. Details of the mining lease:

Section 3

4. Name of the Minor Mineral: ________________________________________

Section 4

5. Opening stock on the first day of the month_________________________

Section 5

6. Quantity produced:________________________________________________

Section 6

7. Quantity consumed:_______________________________________________

Section 7

8. Closing stock at the end of the month:______________________________

Section 8

9. Pits mouth value __________________________________________________

Section 9

10. Number of days the mine worked:__________________________________

Section 10

11. The number of days of works stoppage._____________________________

Section 11

12. No. of man days worked: ___________________________________________

Section 12

13. Average daily employment:_________________________________________

Section 13

14. Details of machinery and equipment deployed_______________________

Section 14

15. Details of explosives consumed with Quantity_______________________

Section 15