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Gujarat Minor Mineral Concession Rules, 2010

Gujarat Minor Mineral Concession Rules, 2010

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Sections

1. Short title, extent and commencement.

Section 1

2. Definitions.

Section 2

3. Non applicability of rules in certain cases.

Section 3

4. Grant of Quarry Leases.

Section 4

5. Renewal of quarry leases.

Section 5

6. Application for quarry lease.

Section 6

7. Acknowledgement of application.

Section 7

8. Priority.

Section 8

9. Register for application.

Section 9

10. Grant of quarry lease.

Section 10

11. Register of quarry leases.

Section 11

12. Survey of the area leased.

Section 12

13. Inspection of register.

Section 13

14. Restriction on area of quarry lease.

Section 14

15. Length and breadth of leased area.

Section 15

16. Boundaries below the surface.

Section 16

17. Period of the lease, renewals and availability of the areas already granted.

Section 17

18. Surrender of area Leased.

Section 18

19. Security for quarry lease.

Section 19

20. Transfer of quarry leas.

Section 20

21. Rate of Royalty.

Section 21

22. Lessee to pay Royalty, Dead Rent, Surface Rent etc.

Section 22

23. Lessee to pay Compensation for Damage, Injury or Disturbance.

Section 23

24. Lessee to Erect/Maintain Boundary Marks and Pillars.

Section 24

25. Lessee to Vacate Encroachment and Pay Fine.

Section 25

26. Precautions For Protection of Environment and Control of Pollution.

Section 26

27. Proper Dumping of Top Soil, Waste Rock/Mineral and Non-Saleable Rock/Mineral and Other Rejects.

Section 27

28. Lessee to Restore, Reclaim and Rehabilitate Land.

Section 28

29. Control of Air/Water/Noise Pollution.

Section 29

30. Lessee not to Cut/Injure Trees Without Prior Permission.

Section 30

31. Lessee to Commence Quarry Operations Within Time-limit.

Section 31

32. Prior Permission From Railway Authority/Government in certain cases.

Section 32

33. Maintenance of Accounts of Minor Minerals and other Particulars.

Section 33

34. Submission of Return.

Section 34

35. Other Laws relating minor minerals or safety, health and convenience of employees or public be abided.

Section 35

36. Lessee to Allow Inspection by Competent Authority.

Section 36

37. To Abide Instructions/Directions of Competent Authority.

Section 37

38. Access to other licences/lease Holders.

Section 38

39. Erect of any structures, machinery, tramways etc.

Section 39

40. Reporting of Accidents to Competent Authority/ District Magistrate/ District Superintendent of Police.

Section 40

41. Lessee to report discovery of other mineral to Competent Authority.

Section 41

42. Lease liable to Cancel if no quarry for One Year.

Section 42

43. Not to Use Minor Mineral for Major Mineral Purpose.

Section 43

44. Government to have Pre-emption Right on Mineral.

Section 44

45. Sum Due Be Recovered as Arrears of Land Revenue.

Section 45

46. On Cancellation of Lease the Quarries be Delivered in Proper and Workable State.

Section 46

47. Competent Authority to Cancel Lease or Impose Penalty on Breach of Condition.

Section 47

48. Proper Maintenance of Trenches, Working Faces Etc.

Section 48

49. Right of State or Central Government to Construct Road, Railway, Canal Etc Reserved.

Section 49

50. Lessee to Take Steps to Ease Slopes/Restore Top Soil In Forest Lands.

Section 50

51. Certain Special conditions of lease.

Section 51

52. To engage Mining Engineer or Geologist for scientific exploitation and proper conservation of mineral.

Section 52

53. Restriction to Grant Lease in Certain Districts.

Section 53

54. Amalgamation of leases.

Section 54

55. Rights of lessee.

Section 55

56. Reservation of Areas for Granting Quarry Parwana.

Section 56

57. Grant of quarry Parwana.

Section 57

58. Conditions for grant of quarry Parwana.

Section 58

59. Dimension of leased area.

Section 59

60. Security for Quarry Parwana.

Section 60

61. Application for quarry permit.

Section 61

62. Grant of Quarry Permit.

Section 62

63. Priority.

Section 63

64. Conditions on which the quarry permit shall be granted.

Section 64

65. Revision.

Section 65

66. Application fees.

Section 66

67. Powers of review by Government.

Section 67

68. Penalty.

Section 68

69. Disposal of minor minerals by public auction in certain cases.

Section 69

70. Power of the Government to give Direction.

Section 70

71. Prohibition to Transport Sand Beyond Border.

Section 71

72. Interest on delay payment.

Section 72

73. Refund.

Section 73

74. Repeal and saving.

Section 74

1. I/We submit an application for quarry lease for (mineral) for a term of..................years over..............hectares of land in the area specified in the Annexure hereto appended.

Section 1

2. A sum of Rs....................payable as fee for the grant of such lease under rule 6 of the Gujarat Minor Mineral concession Rules 2010 has been paid in the Government Treasury at........................ and the receipted Challan is enclosed.

Section 6

3. The required particulars are given below:

Section 3

1. Name of village.

Section 1

2. Details of the area applied for in each Survey Number

Section 2

3. Full description of the area applied for with regard to natural features.

Section 3

4. District.

Section 4

1. I/We submit an application for the renewal of the quarry lease under the Gujarat Minor Mineral Concession Rules, 2010.

Section 1

2. A sum of Rs......................payable as fee for renewal of the lease under rule 18 (4) has been paid in the Government Treasury at...........................................and the receipted Challan is enclosed

Section 18

3. The required particulars are given below:

Section 3

4. Details about the area in regard to which renewal is applied for.-

Section 4

5. Means by which the mineral/minerals is/are to fie raised. (Manual or mechanical)..............................

Section 5

6. Investment in the quarry operation (give details)............................................

Section 6

7. Period for which the renewal is applied for..............................................

Section 7

8. Manner in which the minerals is /are to be utilized................................................

Section 8

9. Details of output during the last three yeas and quantity expected to e raised during the next three years.

Section 9

10. Have all dues on the existing quarry lease been paid to Government?

Section 10

11. Any other particulars which the applicant wishes to furnish.

Section 11

1. Name of Lease Holder

Section 1

2. Name of applicant and designation

Section 2

3. Address of lease holder

Section 3

4. Order No. of lease

Section 4

5. Period of lease

Section 5

6. Total area of lease

Section 6

7. Area for surrender

Section 7

8. Details of payment of Royalty/Dead rent of lease area to be surrendered

Section 8

9. Details of payment of dead rent/royalty for the last month in which surrender application was made (attach copy of Challan)

Section 9

10. Other necessary details

Section 10

1. The Parwana holder shall only quarry, extract and remove.............................from the above mentioned land and he shall have no right to any other minor minerals that may be found in the land and when such other minerals are found to exist, he shall report the matter in writing to the Competent Authority who granted this Parwana within 15 days.

Section 1

2. The Parwana holder shall pay.................................................Name of Minerals at the rate mentioned in schedule I of the Gujarat Minor Mineral Concession Rules, 2010 as amended from time to time, weekly or fortnightly as may be prescribed by the Competent Authority.

Section 2

3. The Parwana holder shall pay yearly dead rent on...............................................at the mentioned in second schedule of the Gujarat Minor Mineral Concession Rules, 2010:

Section 3

4. The Parwana holder shall pay surface rent at fifty paise per 100 square meters or part thereof annually, in advance.

Section 4

5. The Parwana holder shall extract and remove the mineral mentioned in clause (1) from the specified in this Parwana in such a manner that no damage is done to any high ways roads, agricultural lads, trees or other places of public utility or property. He shall not carry on any quarry operation within a distance of 50 meters of any railway line, high ways roads, riverbank or other places of public utility or property.

Section 5

6. This Parwana shall be non-transferable.

Section 6

7. The Parwana holder shall immediately report all accidents to the Competent Authority, the Commissioner the District Magistrate and the District Superintendent of police of the District in which the land is situated

Section 7

8. The Parwana holder shall maintain the boundary marks and pillars of the land in proper order and in their proper places.

Section 8

9. The Parwana holder shall work the area systematically as far as possible so as to avoid all waste when any reasonable advise in this respect is given by the Commissioner or the Competent Authority or the Officer authorized by them for systematic working of the mineral it shall be complied with and steps taken accordingly

Section 9

10. The Parwana holder shall keep the Parwana with himself and shall see that no encroachment takes place beyond the land granted on any other land occupied by some other person or government land if any trespass, encroachment or damage is caused in respect of some body else's land or government land, the Parwana holder shall pay an amount cancel mined by the Commissioner by way of damage and shall keep indemnified the government from and against all suits and demand which may be brought by any

Section 10

11. No power of attorney shall be given by Parwana holder for this Parwana. If a power of attorney is given the Parwana shall be cancelled forthwith without assigning any reasons.

Section 11

12. The Parwana holder shall maintain accounts to verify the production, payment of royalty as far as possible in the manner prescribed by the commissioner. He shall furnish the returns as may be required by the commissioner.

Section 12

13. If the area held under the Parwana remains idle for a period of 120 days without any cause or without prior permission the Competent Authority shall cancel this Parwana after given an opportunity to the holder to state his case.

Section 13

14. The Commissioner/Authority or any officer authorized by him or any of the Officer of the Government of India shall be allowed to inspect the quarry at the reasonable time.

Section 14

15. This Parwana shall remain in force upto 31st March 200. and shall be renewable every year on payment of Rs..................(rupees hundred for an area upto 1000 sq. mts and rupees hundred for an area above 1000 sq mts at the option of the Competent Authority.

Section 15

16. In the event of any contravention of any of the conditions of this Parwana or the conditions mentioned in the rules or any rules of the Gujarat Minor mineral Concession Rules, 2010 the Commissioner/Authority may cancel the Parwana

Section 16

17. If in case the mineral s removed without payment of royalty as required under this Parwana, the Competent Authority or any officer duly authorized by him may enter the land of he Parwana and taken possession of all or nay of the minerals o movable property or such part of it as will suffice to recover the royalty due together with fine not exceeding the double the annual dead rent payable under this Parwana.

Section 17

18. If the payment of any amount recoverable under this Parwana is not made within 30 days from the due date the same together with simple interest due thereon at the rate of twenty-four percent per annum, shall be recoverable as an arrears of land revenue and Parwana shall be cancel mined.

Section 18

19. On or after expiry of the period of this Parwana of when the Parwana is cancelled before the date o expiry of the period/or renewed period or after the date of such cancellation the Parwana holder shall not carry on any quarry operation or remove any mineral that have ben excavated. If the Parwana holder is found to carry out any quarry operation or removing the mineral he shall be liable for punishment as per rule 68 of the Gujarat Minor Mineral Concession Rules, 2010.

Section 68

20. If the Parwana holder fails to carry out the instruction issued by the Competent Authority the Commissioner any officer authorize by him and violates any, terms of this Parwana and the provisions of the Gujarat Minor Mineral Concession Rules, 2010, as modified from time to time the Competent Authority shall cancel the Parwana after giving a notice of 30 days.

Section 20

2. A sum of Rs.__________________________________________payable as fee for the permit under rule 36 of Gujarat Minor Mineral Concession Rules, 2010 has been paid in the government treasury at -...........and the receipted Challan is enclosed.

Section 36

3. The required particulars are given below.

Section 3

1. Date of grant/refusal of permit........................................

Section 1

2. Period of grant......................................................

Section 2

3. Quantity for which the permit is valid.................................

Section 3

1. The Royalty Inspector/Mines Supervisor-

Section 1

2. The Mamalatdar,Taluka.

Section 2

3. The Taluka Development Officer, Taluka-(in case of private land)

Section 3

1. Name and address of Individual/firm/company...........

Section 1

2. Profession of individual/ or nature of business...

Section 2

3. Full details of the order of the Competent Authority/ Commissioner against which the appeal or revision application is made (copy to be enclosed)

Section 3

4. Minor Mineral/minerals forming the subject matter of the appeal or revision application..........................

Section 4

5. Details of the area in respect of which the appeal or revision application is filed (A plan of the area to be attached). District Taluka Village S.No.

Section 5

6. Has the appeal or application fee of the rupees two hundred fifty a prescribed in the rules been paid? If so give full details of the mode of payment.

Section 6

7. Is the appeal or application field within two months of the date of the order of Competent Authority/ Commissioner.

Section 7

8. If not, the reasons for not presenting it within the prescribed time

Section 8

9. Name and complete address of the party/parties impended. Reasons for impleading him/them should also be mentioned.

Section 9

10. Number of copies of appeal or revision petition attached (if more than one party is impended one additional copy is to be enclosed for each impleaded party)

Section 10

11. Grounds

Section 11

12. If the appeal or revision application is filed by the holder of Power of Attorney, please attach the power of Attorney.

Section 12