HARYANA MINOR MINERAL CONCESSION, STOCKING,
TRANSPORTATION OF MINERALS AND PREVENTION OF ILLEGAL MINING (AMENDMENT) RULES,
2018
PREAMBLE
In exercise of the powers conferred by sub-section (1) of
Section 15 and section 23C of the Mines and Minerals (Development and
Regulation) Act, 1957 (Central Act 67 of 1957), the Governor of Haryana hereby
makes the following rules further to amend the Haryana Minor Mineral
Concession, Stocking, Transportation of Minerals and Prevention of Illegal
Mining Rules, 2012, namely:-
Rule 1.
These rules may be called the Haryana Minor Mineral
Concession, Stocking, Transportation of Minerals and Prevention of Illegal
Mining (Amendment) Rules, 2018.
Rule 2.
In the Haryana Minor Mineral Concession, Stocking,
Transportation of Minerals and Prevention of Illegal Mining Rules, 2012
(hereinafter called the said rules), in rule 55, in sub rule (3),-
(a)
for clause (iii), the following clause shall
be substituted, namely:-
"(iii) The letter of intent holder/contractor/lessee
shall deposit the balance amount of Bid Security i.e. equal to fifteen percent
of the annual bid amount before the commencement of mining operations or before
expiry of period allowed, which shall ordinarily not be more than twelve
months, from the date of issuance of letter of intent, whichever is earlier:
Provided that where the letter of intent
holder/contractor/lessee having taken all steps on his part, fails to obtain
required environmental clearance and consent to operate for undertaking mining
operations within the maximum period allowed as per above, such letter of
intent holder/contractor/lessee on a specific application submitted to the
Director, at least thirty days prior to the end of the period mentioned above,
giving details of the action already taken may seek additional time up to
another twelve months, over and above the time already allowed for commencement
of the period of contract/lease, on payment of a non-refundable fee as per the
following:-
|
1
|
Extension
of further period up to six months
|
On payment
of a non-refundable fee at the rate of one percent per month of the annual
bid for each month of requested extension period
|
|
2
|
Extension
for a second period of upto six months
|
On
payment of a non-refundable fee at the rate of two percent per month of the
annual bid for each month of requested extension period
|
Note.-- Extension shall be allowed only in month (s) and
any request for period less/part of the month shall be summarily rejected.
The letter of intent holder/contractor/lessee shall apply
for seeking extension of time after initially allowed period, to the Director,
atleast thirty days in advance along with advance amount of the fee for such
requested period of extension;";
(b)
for clause (v) the following clause shall be
substituted, namely:-
"(v) Wherever a letter of intent holder fails to
deposit the balance fifteen percent amount towards security as prescribed under
sub-rule (3)(iii) above, and/or fails to execute the agreement after the issue
of letter of intent, the same shall be deemed to have been revoked and the ten
percent amount deposited by him towards "initial bid security? shall stand
forfeited;";
(c)
for clause (vi) the following clause shall be
substituted, namely:-
"(vi) Where the letter of intent
holder/contractor/lessee fails to deposit the un-paid fifteen percent amount on
demand and the letter of intent/contract/lease has been revoked as per clause
(v) above, such bidder shall be debarred from participation in any subsequent
bids for a period of five years.
Note.--In case of default by a company, the said company
and all of its Promoter/s and Director/s, in case of Partnership Firm along
with such firm all of its partners shall be debarred from participation whether
individually or as partner/proprietor/director in a company in bids for a
period of five years;".
Rule 3.
In the said rules, in Form ML-1, in part III,-
(a)
in clause 4, in sub-clause (a), for item (ii)
the following item shall be substituted, namely:-
"(ii) fifteen percent of the annual bid amount
before commencement of mining operations or before the expiry of period
allowed, which shall ordinarily be not more than twelve months from the date of
issuance of letter of intent, whichever is earlier:
"Provided that where the letter of intent
holder/lessee having taken all steps on his part, fails to obtain required
environmental clearance and consent to operate for undertaking mining
operations within the maximum period allowed as per above, such letter of intent
holder/lessee on a specific application submitted to the Director, at least
thirty days prior to the end of the period mentioned above, giving details of
the action already taken may seek additional time up to another twelve months,
over and above the time already allowed for commencement of the period of
lease, on payment of a non-refundable fee as per the following:-
|
1
|
Extension
of further period upto six months
|
On
payment of a non-refundable fee at the rate of one percent per month of the
annual bid for each month of requested extension period
|
|
2
|
Extension
for a second period of upto six months
|
On
payment of a non-refundable fee at the rate of two percent per month of the
annual bid for each month of requested extension period
|
Note.--Extension shall be allowed only in month(s) and
any request for period less/part of month shall be summarily rejected.
The letter of intent holder/lessee shall apply for
seeking extension of time after initially allowed period, to the Director, atleast
thirty days in advance along with advance amount of the fee for such requested
period of extension:
Provided further that on enhancement of the deed rent
after expiry of every three year period of lease, the lessee shall deposit the
balance amount of security so as to upscale the security amount equal to twenty
five percent of the revised annual deed rent as applicable for one year with
respect to next block of three years".
(b)
In clause 5, in sub-clause (a), the words,
figure and sign "which shall not be more than twelve months," shall
be omitted.
Rule 4.
In the said rules, in Form MC-1, in part III,-
(a)
in clause 2, in sub-clause (a), for item (ii)
the following item shall be substituted, namely:-
"(ii) fifteen percent of the annual bid amount
before commencement of mining operations or before the expiry of period
allowed, which shall ordinarily be not more than twelve months from the date of
issuance of letter of intent, whichever is earlier:
"Provided that where the letter of intent
holder/contractor having taken all steps on his part, fails to obtain required
environmental clearance and consent to operate for undertaking mining
operations within the maximum period allowed as per above, such letter of
intent holder/contractor on a specific application submitted to the Director,
at least thirty days prior to the end of the period mentioned above, giving
details of the action already taken may seek additional time up to another
twelve months, over and above the time already allowed for commencement of the
period of contract, on payment of a non-refundable fee as per the following:-
|
1
|
Extension
of further period upto six months
|
On
payment of a non-refundable fee at the rate of one percent per month of the
annual bid for each month of requested extension period
|
|
2
|
Extension
for a second period of upto six months
|
On
payment of a non-refundable fee at the rate of two percent per month of the
annual bid for each month of requested extension period
|
Note.-- Extension shall be allowed only in month(s) and
any request for period less/part of month shall be summarily rejected.
The letter of intent holder/contractor shall apply for
seeking extension of time after initially allowed period, to the Director,
atleast thirty days in advance along with advance amount of the fee for such
requested period of extension:
Provided further that on enhancement of the contract
money after expiry of every three year period of contract, the contractor shall
deposit the balance amount of security so as to upscale the security amount
equal to twenty five percent of the revised annual contract money as applicable
for one year with respect to next block of three years".
(b)
In clause 3, in sub-clause (a), the words,
figure and sign "which shall not be more than twelve months," shall
be omitted.
Rule 5.
In the said rules, in Form MPS-1, in part III,-
(a)
in clause 2, for sub-clause (ii), the
following item shall be substituted, namely:-
"(ii) fifteen percent of the annual bid amount
before commencement of mining operations or before the expiry of period
allowed, which shall ordinarily be not more than twelve months from the date of
issuance of Letter of Intent, whichever is earlier:
"Provided that where the permit holder having taken
all steps on his part, fails to obtain required environmental clearance and
consent to operate for undertaking mining operations within the maximum period
allowed as per above, such letter of intent holder/permit holder on a specific
application submitted to the Director, at least thirty days prior to the end of
the period mentioned above, giving details of the action already taken may seek
additional time up to another twelve months, over and above the time already
allowed for commencement of the period of permit, on payment of a
non-refundable fee as per the following:-
|
1
|
Extension
of further period upto six months
|
On
payment of a non-refundable fee at the rate of one percent per month of the
annual bid for each month of requested extension period
|
|
2
|
Extension
for a second period of upto six months
|
On
payment of a non-refundable fee at the rate of two percent per month of the
annual bid for each month of requested extension period
|
Note.--Extension shall be allowed only in month(s) and
any request for period less/part of month shall be summarily rejected.
The letter of intent holder/permit holder shall apply for
seeking extension of time after initially allowed period, to the Director,
atleast thirty days in advance along with advance amount of the fee for such
requested period of extension:
Provided further that on enhancement of the permit money
after expiry of every three year period of permit, the permit holder shall
deposit the balance amount of security so as to upscale the security amount
equal to twenty five percent of the revised annual permit money as applicable
for one year with respect to next block of three years".
(b)
in clause 3, in sub-clause (a), the words and
sign "which shall not be more than twelve months," shall be omitted.