Himachal Pradesh Minor Minerals (Concession) And Minerals (Prevention Of Illegal Mining, Transportation And Storage) Fifth Amendment Rules, 2024

[26th September 2024]

PREAMBLE

In exercise of the powers conferred by Section 15 read with section 23C of the Mines and Minerals (Development and Regulation) Act, 1957, the Governor, Himachal Pradesh is pleased to make the following rules further to amend the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 notified vide this Department's Notification No. Ind-II(F)6-14/2014, dated 13-03-2015 and published in the Rajpatra, Himachal Pradesh dated 21-03-2015, namely:-

Rule 1. Short title and commencement.

(1)     These rules may be called the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Fifth Amendment Rules, 2024.

(2)     These rules shall come into force from the date of their publication in the Rajpatra (e-Gazette), Himachal Pradesh.

Rule 2. Amendment of rule 2.

In rule 2 of the Himachal Pradesh Minor Minerals (Concession) and Minerals (Prevention of Illegal Mining, Transportation and Storage) Rules, 2015 (hereinafter referred to as said rules), in sub-rule (1), for clause (p), the following shall be substituted, namely:-

"(p) excavation means digging of minerals for the purpose of winning of minerals from any land".

(a)      for clause (zk), the following shall be substituted, namely:-

(b)      "(zk) State Geologist means State Geologist in the Department of Industries".

Rule 3. Amendment of rule 16.

In rule 16 of the said rules,-

(a)      for the sub-rule (2), the following shall be substituted, namely:-

"(2) The renewal of mining lease shall be granted at Directorate level by the Competent Authority. The procedure to be followed for renewal of mining lease shall be similar to the procedure as laid down for fresh grant of mining lease, except consultation with concerned Gram Panchayat and approval from the Government. However, the application for renewal of mining lease shall be made in FORM-C containing requisite documents before six months of the expiry of the lease and upon payment of a non refundable fee as specified in the FIRST SCHEDULE. In case, the applicant fails to apply in the stipulated period, the Competent Authority may allow the application, only after obtaining the reasons in writing from the applicant for such delay. This renewal shall be subject to the condition that the mine has been developed by the lessee in accordance with the terms and conditions of the lease deed and that the substantial investments in machinery, equipments have been made by him and that the mine has been worked and developed in a scientific manner and that the lessee has been paying the Government dues regularly under the rules."

(b)      for sub-rule (5), the following shall be substituted, namely:-

"(5) The mining leases granted under these rules in Government land may be renewed for one or more terms not exceeding the original period of lease, subject to maximum period of ten years and the mining leases granted under these rules in private land may be renewed for one or more terms and the period of renewal shall be decided as per mineral reserves available in the mining lease area."

Rule 4. Amendment of rule 17.

In rule 17 of the said rules,-

(a)      for sub-rule (1) of the said rules, the following shall be substituted namely:-

"(1) On the basis of observations and recommendations made by the Joint Inspection Committee, Letter of Intent for a term of two years shall be issued by the Competent Authority in favour of applicant for obtaining requisite environmental and other clearances from concerned Departments and completion of other required formalities for the grant of mining lease.

In case, the Letter of Intent holder fails to procure the requisite clearances in the above said period, the further extension of the period of Letter of Intent shall be decided by the Competent Authority after reviewing the reasons and progress made for obtaining requisite clearances by the Letter of Intent holder."

(b)      for sub-rule (4) of the said rules, the following shall be substituted, namely:-

"(4) In case of renewal, the renewal period of lease shall be from the date of execution of renewal of mining lease deed unless otherwise stated."

Rule 5. Amendment of rule 19.

In rule 19 of the said rules,-

(a)      for clause (a) of sub-rule (1), the following shall be substituted namely:-

"(a) The lessee shall pay royalty at the rate specified in the SECOND SCHEDULE along with EV charges, online charges and milk cess in advance on the minor minerals to be removed from the leased area at the rate specified in the THIRD SCHEDULE. However, as and when the limestone is supplied by the lessee to the Industries other than limekiln, royalty shall be paid by the lessee for the lime as major mineral, whichever is more. The lessee shall also pay for every year, such yearly dead rent within the limits specified in THIRD SCHEDULE as may be fixed from time to time by the Government and if the lease permits the working of more than one mineral in the same area, the Government may charge separate dead rent in respect of each minor minerals:

Provided that the lessee shall be liable to pay either dead rent or royalty in respect of each mineral whichever is higher but not both, however, he shall not be liable to pay dead rent or royalty, if mining operation has been suspended by the Government at its own."

(b)      for sub-rule (15) of the said rules, the following shall be substituted, namely:-

"(15)(a) The collection/lifting of mineral from the riverbeds with the help of tyre mounted loader with backhoe upto 80 Horse Power shall not be treated as mechanical mining and the use of such loader shall be allowed with the permission of Director after depositing fee and security as specified in the FIRST SCHEDULE. The Director may issue such permission under the following terms and conditions:-

(i)       Only collection and lifting of the mineral is allowed;

(ii)      Natural flow of the water shall not be disturbed;

(iii)     The collection of mineral shall be done in a scientific manner;

(iv)    Any other condition imposed by the Director;

(v)      Any violation of terms and conditions imposed while granting such permission shall result in cancellation of permission and forfeiture of security amount thereof.

(b) The excavation/digging of minerals from riverbed with excavator shall be treated as mechanical mining for which the mineral concession holder shall obtain all the necessary statutory clearances from concerned departments prior to the permission from the Director after depositing fee and security as specified in the FIRST SCHEDULE. The Director may issue such permission under the following terms and conditions:-

(i)       Natural flow of the water shall not be disturbed;

(ii)      The excavation/digging of mineral shall be done in a scientific manner as per the conditions stipulated in the clearances;

(iii)     Any other condition imposed by the Director;

(iv)    Any violation of terms and conditions imposed while granting such permission shall result in cancellation of permission and forfeiture of security amount thereof:

(c) The lease holder may use excavator in hill slope mining with the permission of Geological Wing and after depositing fee and security as specified in the FIRST SCHEDULE."

Rule 6. Amendment of rule 23.

In rule 23 of the said rules,-

(a)      for sub-rule (2), the following shall be substituted, namely:-

"(2) No auction or tender or contract shall be considered as successful unless accepted by the Competent Authority.

The amount of the successful bid/tender shall become the annual contract money payable by the Contractor to the Government for a period of two years and after completion of two years, the annual contract money determined at the time of initial grant shall be increased at the rate of 10% per annum in a compounding manner. In case of auction or tender of private land, 80% of annual bid amount shall be paid to the surface right holder/land holder:

Provided that no auction or tender or contract, as the case may be, regarding exploitation of minor minerals in Scheduled areas shall be considered by the Government for acceptance unless recommended by Gram Sabha."

(b)      for sub-rule (3) the following shall be substituted, namely:-

"(3) The amount to be paid annually by contractor under sub-rule (2) to the Government shall be payable in equal quarterly installments in advance. In case, the annual contract money is less than the royalty payable for the total annual quantity in the approved mining plan, the contractor shall have to pay an amount equivalent to 60% of the royalty of the approved mineral quantity of mining plan or whichever is higher:

Provided that the contractor shall also pay all the applicable taxes, fee and cess in addition to annual contract money as notified by the Government from time to time."

(c)      for sub-rule (6) the following shall be substituted namely:-

"(6)(a) The collection/lifting of mineral from the riverbeds with the help of tyre mounted loader with backhoe upto 80 Horse Power shall not be treated as mechanical mining and the use of such loader shall be allowed with the permission of Director after depositing fee and security as specified in the FIRST SCHEDULE. The Director may issue such permission under the following terms and conditions:-

(i)       Only collection and lifting of the mineral is allowed;

(ii)      Natural flow of the water shall not be disturbed;

(iii)     The collection of mineral shall be done in a scientific manner;

(iv)    Any other condition imposed by the Director;

(v)      Any violation of terms and conditions imposed while granting such permission shall result in cancellation of permission and forfeiture of security amount thereof:

(b) The excavation/digging of minerals from riverbed with excavator shall be treated as mechanical mining for which the mineral concession holder shall obtain all the necessary statutory clearances from concerned departments prior to the permission from the Director after depositing fee and security as specified in the FIRST SCHEDULE.

The Director may issue such permission under the following terms and conditions:-

(i)       Natural flow of the water shall not be disturbed;

(ii)      The excavation/digging of mineral shall be done in a scientific manner as per the conditions stipulated in the clearances;

(iii)     Any other condition imposed by the Director;

(iv)    Any violation of terms and conditions imposed while granting such permission shall result in cancellation of permission and forfeiture of security amount thereof.

(c) The lease holder may use excavator in hill slope mining with the permission of Geological Wing and after depositing fee and security as specified in the FIRST SCHEDULE."

(d)      sub-rule (8) of rule 23 shall be omitted.

Insertion of rule 23-A

In the said rules, after rule 23, the following rule shall be inserted, namely:-

"23-A, Transfer of contract.-

(1)     The Contractor may, with the prior approval of the Competent Authority assign, sublet or transfer his contract or any right, title or interest therein to any person or body directly undertaking mining operation, holding a valid Certificate of No Mining Dues from concerned Mining Officer on payment of a sum as specified in the FIRST SCHEDULE.

(2)     The applicant may also change the title or name of the already issued Letter of Intent or Sanction Order in favour of any person holding a valid Certificate of No Mining Dues from concerned Mining Officer on the payment of a sum as specified in the FIRST SCHEDULE.

(3)     Where an application for transfer of contract under sub-rule (1) is made and the Competent Authority has given approval for transfer of such contract, a transfer agreement deed shall be executed on FORM-J on the same terms and conditions of the original agreement deed within three months from the date of issue of the Order or within such further period as the granting Authority may allow in this behalf:

Provided that the transferee shall be bound and abide by all the terms and conditions of the auction/tender and original agreement deed in as such as the Transferor:

Provided further that the area granted on contract shall not exceed 100 Hectares for transferee individually or with any person joint in interest within Himachal Pradesh."

Rule 7. Omission of Rule 29, 30, 31 and 32.

Rule 29, 30, 31 and 32 of the said rules shall be omitted.

Rule 8. Amendment of rule 33.

In rule 33 of the said rules,-

(a)      for sub-rule (1) of the said rules, the following shall be substituted, namely:-

"(1) Notwithstanding anything contained in these rules, the Director or any Officer authorized by him in this behalf, may grant permission for lifting/transportation of minor minerals generated during various developmental activities and natural calamities for a specific purpose and period. The permission will be given after the site is inspected by a Committee consisting of Tehsildar, Assistant Engineer (Public Works Department) and Mining Officer which may also assess the availability of stock thereof.

Explanation:-For the purpose of this rule the developmental activities shall mean excavation of tunnel for hydro electric projects, construction of tunnels for connectivity of roads/railways track and construction of various National Highways/State Highways/any other roads, de-silting of reservoir, removal of sand and gravel from agricultural fields, grass land after monsoon season upto a depth of two (02) meters, development of plots, excavation of fisheries ponds and any kind of other developmental activities:

Provided that in case of material generated from road cutting of National Highway/ Express way/State Highway/H.P.P.W.D. road/ during execution of approved Hydel Projects, de-silting of reservoir, the Contractor/engaged sub-contractor or concerned Agency may use such material after paying the royalty along with processing charges as specified in the THIRD SCHEDULE and after verification of the stock by the concerned Mining Officer along with representative of concerned Agency not below the rank of Assistant Engineer or equivalent:

Provided that if the Contractor/engaged sub-contractor or concerned Agency do not require the whole quantity of the mineral so generated during the execution of project, the Competent Authority may grant permission to any interested person(s) within a radius of 5 Kms. with the consent of concerned Agency after verification of the quantity by the Committee specified in this sub rule on payment of royalty, processing and applicable taxes for using the material:

Provided further that the condition of 5 Kms. of distance shall not apply in case, the Committee recommends the feasibility of using the material beyond 5 Km. radius considering and examining site specific conditions subject to a maximum distance of 10 Kms."

(b)      for clause (i) of sub-rule (2) the following shall be substituted, namely:-

"(i) the royalty shall be charged on the saleable mineral in advance as per the rates specified in the SECOND SCHEDULE alongwith processing charges as specified in the THIRD SCHEDULE."

Rule 9. Amendment of Rule 34.

For clause (iv) of rule 34 of the said rules, the following shall be substituted, namely:-

"The depth of mining in the river bed shall not exceed two (02) meter or water level whichever is less:

Provided where the Joint Inspection Committee certifies about excessive deposition or over accumulation of minerals in certain reaches requiring channelization, it can go up to three meters on defined reaches of the river."

Rule 10. Amendment of rule 75.

In rule 75 of the said rules, after sub-rule(2), the following shall be inserted, namely:-

"(3) No dealer shall procure, store or sale minor mineral more than 500 metric tonnes in a month."

Rule 11. Substitution of rule 78.

For the rule 78 of said rules, following rule shall be substituted, namely:-

"78. Penalty provisions for illegal storage:-

Any contravention of sub-rule (1), (2) and (3) of rule 75 shall be punishable with imprisonment for a term which extend to two years, or with fine which may extend to Rs. 50,000/- (Rupees fifty thousand only), or with both:

Provided that the contravention of sub-rule (1), (2) and (3) of rule 75 for the first and second time may be compounded by an officer authorized by the Government under section 22 of the Act and the case in relation to the subsequent contravention shall be filed by the officer so authorized in the competent court of law:

Provided further that the amount of compounding fee shall not be less than Rs. 50,000/- plus the market sale price of the total material stored illegally at the spot."

Rule 12. Amendment of FORM-F.

In FORM-F of the said rules, for serial number 4 of PART-II, the following shall be substituted, namely:-

"4. The collection/lifting of mineral from the riverbeds with the help of tyre mounted loader with backhoe upto 80 Horse Power shall not be treated as mechanical mining and the use of such loader shall be allowed with the permission of Director after depositing fee and security as specified in the FIRST SCHEDULE with the conditions as specified in the Rules.

The excavation/digging of minerals from riverbed with excavator shall be treated as mechanical mining for which the mineral concession holder shall obtain all the necessary statutory clearances from concerned departments prior to the permission from the Director after depositing fee and security as specified in the FIRST SCHEDULE with the conditions as specified in the rules.

The lease holder may use excavator in hill slope mining with the permission of Geological Wing and after depositing fee and security as specified in the FIRST SCHEDULE."

Rule 13. Substitution of FORM-J.

In the said rules, the FORM-J shall be substituted, namely:-

"FORM-J

[See rule 21(3) & 23-A]

Form for Transfer of Mining Lease/Contract

In case of Transfer of Mining Lease

When the transferor is an individual................... This indenture is made this ................... day of ................... 20 ................... between................... (Name of the person with address and occupation) (hereafter referred to as the "transferor" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns).

When the transferors are more than one individual ................... (Name of person with address and occupation) and ................... (Name of person with address and occupation) (hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and permitted assigns).

When the transferor is a registered firm................... (Name of the person with address of all the partners) all carrying on business in partnership under the firm name and style of................... (Name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at ................... hereinafter referred to as the "transferor" which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns).

When the transferor is a registered company................... (Name of Company) a company incorporated under the Companies Act, 2013 through ................... duly authorized by the Company and having its registered office at................... (Address) (hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the first part.

And

When the transferee is an individual................... (Name of person with address and occupation) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns.).

When the transferees are more than one individual................... (Name of the person with address and occupation) and ................... (Name of person with address and occupation)(hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and permitted assigns).

When the transferee is a registered firm................... (Name and address of all the partners all carrying on business in partnership under the firm name and style of) ................... (Name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at................... (hereinafter referred to as the "transferee" which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns).

When the transferee is a registered company................... (Name of the Company) a company registered under (Act under which incorporated) and having its registered office at ...................(Address) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the second part.

And The Governor through ...................(hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include the successors and assigns) of the third part.

Whereas by virtues of an indenture of lease dated the ...................and registered as No. ................... on ................... (date) in the office of the Sub-registrar of ................... (place) (hereinafter referred to as lessee) the original whereof is attached hereto and marked A entered into between the State Government (therein called the lessor) and the transferor (therein called the lessee), the transferor is entitled to search for, win and work mines and minerals in respect of................... (Name of mineral/s) in the lands described in Schedule thereto and also in Schedule annexed hereto for the term and subject to the payment of the rents and royalties and observance and performance of the lessees covenant and conditions in the said deed of lease reserved and contained including a covenant not to assign the lease or any interest there under without the previous sanction of the State Government;

And whereas the transferor is now desirous of transferring and assigning the lease to the transferee and the State Government has, at the request of the transferor, granted (with the prior approval of the State Government) permission to the transferor vide order No................... dated ................... to such a transfer and assignment of the lease upon the condition of the transferees entering into an agreement is and containing the terms and conditions hereinafter set forth.

Now this Deed Witnesseth as follows:

(1)     The transferee hereby covenants with the State Government that from and after the transfer and assignment of the lease the transferee shall be bound by, and be liable to perform, observe and conform and be subject to all the provisions of all the covenants, stipulations and conditions contained in said hereinbefore recited lease in the same manner in all respects as if the lease had been granted to the transferee as the lessee there under and he had originally executed it as such.

(2)     It is further hereby agreed and declared by the transferor of the one part and the transferee of the other part that

(i)       The transferor and the transferee declare that they have ensured that the mineral rights over the area for which the mining lease is being transferred vest in the State Government.

(ii)      The transferor hereby declares that he has not assigned, sublet, mortgaged or in any other manner transferred the mining lease now being transferred and that no other person or persons has any right, title or interest where under in the present mining lease being transferred.

(iii)     The transferor further declares that he has not entered into or made any Agreements, contract or understanding whereby he had been or is being Directly or indirectly financed to a substantial extent by or under which the Transferors operation or understandings were or are being substantially controlled by any person or body of persons other than the transferor.

(iv)    The transferee hereby declares that he/she has accepted all the conditions and liabilities which the transferor was having in respect of such contract/lease.

(v)      The transferee further declares that he is financially capable of and will directly undertake mining operations.

(vi)    The transferee further declares that he has filed an affidavit stating that he has filed up-to-date Income Tax returns.

(vii)   The transferor has supplied to the transferee the original or certified Copies of all plans of workings in the area.

(viii)  The transferor has paid all the rent, royalties, and other dues towards Government till the date, in respect of this contract/lease.

In witness whereof the parties hereto have signed on the date and year first above written.

SCHEDULE

Location and area of the contract/lease

All that tract of lands situated at ................... (Description of area or areas) ................... in (Pargana) in ................... the Registration Distt. ................... Sub District................... and Thana................... bearing Cadastral Survey Nos. ................... containing an area of ................... or thereabout delineated on the plan hereto annexed and thereon coloured ................... and bounded as follows:-

ON THE NORTH BY

ON THE SOUTH BY

ON THE EAST BY

AND

ON THE WEST BY

Signed by

for and on behalf of the Governor of Himachal Pradesh in the presence of witnesses

Signature of transferor in the presence of witnesses

Signature of transferee in the presence of witnesses

OR

In case of Transfer of Contract

When the transferor is an individual................... This indenture is made this................... day of ................... 20 ................... between...................

(Name of the person with address and occupation) (hereafter referred to as the "transferor" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns).

When the transferors are more than one individual................... (Name of person with address and occupation) and ................... (Name of person with address and occupation) (hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and permitted assigns).

When the transferor is a registered firm................... (Name of the person with address of all the partners) all carrying on business in partnership under the firm name and style of................... (Name of the firm) registered under the Indian Partnership Act, 1932(9 of 1932) and having their registered office at................... (hereinafter referred to as the "transferor" which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns).

When the transferor is a registered company ................... (Name of Company) a company incorporated under the Companies Act, 2013 through ................... duly auhorised by the Company and having its registered office at ................... (Address) (hereinafter referred to as the "transferor" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the first part.

And

When the transferee is an individual................... (Name of person with address and occupation) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include his heirs, executors, administrators, representatives and permitted assigns.).

When the transferees are more than one individual................... (Name of the person with address and occupation) and ................... (Name of person with address and occupation)(hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include their respective heirs, executors, administrators, representatives and permitted assigns).

When the transferee is a registered firm................... (Name and address of all the partners all carrying on business in partnership under the firm name and style of) ................... (Name of the firm) registered under the Indian Partnership Act, 1932 (9 of 1932) and having their registered office at................... (hereinafter referred to as the "transferee" which expression where the context so admits be deemed to include all the said partners, their respective heirs, executors, legal representatives and permitted assigns).

When the transferee is a registered company................... (Name of the Company) a company registered under (Act under which incorporated) and having its registered office at ................... (Address) (hereinafter referred to as the "transferee" which expression shall where the context so admits be deemed to include its successors and permitted assigns) of the second part.

And The Governor through ...................(hereinafter referred to as the State Government which expression shall where the context so admits be deemed to include the successors and assigns) of the third part.

Whereas by virtues of an indenture of contract dated the ...................and registered as No. ................... on ................... (date) in the office of the Sub-registrar of ................... (place) (hereinafter referred to as Contractor) the original whereof is attached hereto and marked A entered into between the State Government (therein called the lessor) and the transferor (therein called the Contractor), the transferor is entitled to search for, win and work mines and minerals in respect of................... (Name of mineral/s) in the lands described in Schedule thereto and also in Schedule annexed hereto for the term and subject to the payment of the rents and royalties and observance and performance of the Contractors covenant and conditions in the said deed of contract reserved and contained including a covenant not to assign the contract or any interest there under without the previous sanction of the State Government;

And Whereas the transferor is now desirous of transferring and assigning the contract to the transferee and the State Government has, at the request of the transferor, granted (with the prior approval of the State Government) permission to the transferor vide order No................... dated ................... to such a transfer and assignment of the contract upon the condition of the transferees entering into an agreement is and containing the terms and conditions hereinafter setforth.

Now this Deed Witnesseth as follows:

(1)     The transferee hereby covenants with the State Government that from and after the transfer and assignment of the contract the transferee shall be bound by, and be liable to perform, observe and conform and be subject to all the provisions of all the covenants, stipulations and conditions contained in said hereinbefore recited contract in the same manner in all respects as if the contract had been granted to the transferee as the contractor thereunder and he had originally executed it as such.

(2)     It is further hereby agreed and declared by the transferor of the one part and the transferee of the other part that

(i)       The transferor and the transferee declare that they have ensured that the mineral rights over the area for which the contract is being transferred vest in the State Government.

(ii)      The transferor hereby declares that he has not assigned, sublet, mortgaged or in any other manner transferred the contract now being transferred and that no other person or persons has any right, title or interest where under in the present contract being transferred.

(iii)     The transferor further declares that he has not entered into or made any Agreements, contract or understanding whereby he had been or is being Directly or indirectly financed to a substantial extent by or under which the Transferors operation or understandings were or are being substantially controlled by any person or body of persons other than the transferor.

(iv)    The transferee hereby declares that he/she has accepted all the conditions and liabilities which the transferor was having in respect of such contract.

(v)      The transferee further declares that he is financially capable of and will directly undertake mining operations.

(vi)    The transferee further declares that he has filed an affidavit stating that he has filed up-to-date Income Tax returns.

(vii)   The transferor has supplied to the transferee the original or certified Copies of all plans of workings in the area.

(viii)  The transferor has paid all the rent, royalties, and other dues towards Government till the date, in respect of this contract.

In witness whereof the parties hereto have signed on the date and year first above written.

SCHEDULE

Location and area of the contract

All that tract of lands situated at ...................(Description of area or areas) ................... in (Pargana) in ................... the Registration Distt. ................... Sub District................... and Thana ................... bearing Cadestral Survey Nos. ................... containing an area of ................... or thereabout delineated on the plan hereto annexed and thereon coloured ................... and bounded as follows:-

ON THE NORTH BY

ON THE SOUTH BY

ON THE EAST BY

AND

ON THE WEST BY

Signed by

for and on behalf of the Governor of Himachal Pradesh in the presence of witnesses

Signature of transferor in the presence of witnesses

Signature of transferee in the presence of witnesses

Rule 14. Amendment of FORM-K.

In the said rules, in FORM-K, for serial number (21) of PART-IV, the following shall be substituted, namely:-

"21. The collection/lifting of mineral from the riverbeds with the help of tyre mounted loader with backhoe upto 80 Horse Power shall not be treated as mechanical mining and the use of such loader shall be allowed with the permission of Director after depositing fee and security as specified in the FIRST SCHEDULE with the conditions as specified in the rules.

The excavation/digging of minerals from riverbed with excavator shall be treated as mechanical mining for which the mineral concession holder shall obtain all the necessary statutory clearances from concerned departments prior to the permission from the Director after depositing fee and security as specified in the FIRST SCHEDULE with the conditions as specified in the Rules. The lease holder may use excavator in hill slope mining with the permission of Geological Wing and after depositing fee and security as specified in the FIRST SCHEDULE."

Rule 15. Omission of FORM-L Form for Permits.

The FORM-L appended to the said rule shall be Omitted.

Rule 16. Amendment of FIRST SCHEDULE.

In the FIRST SCHEDULE appended of the said rules, for serial number 2, 4, 5, 6, 7, 9, 11, 12, 13, 14 and 15, the following shall be substituted, namely:-

FEE REQUIRED UNDER THE RULES

Rule 17. Amendment of THIRD SCHEDULE.

In THIRD SCHEDULE appended to the said rules.-

(a)      In PART-B of serial number 1, the following shall be substituted namely:-

"B. RATES OF SURFACE RENT FOR GOVERNMENT LAND IN RUPEES PER HECTARE PER ANNUM

[see rule 19(1)(d)]

(b)      In THIRD SCHEDULE appended to the said rules, after PARTB, the following shall be inserted, namely:-

"C. CESS AND OTHER CHARGES

[see rule 19(1)(a) & 33 (2)(i)]

Rule 18. Amendment of FOURTH SCHEDULE.

In the FOURTH SCHEDULE appended to the said rules, for the existing provision(s) against rule 30, the following shall be substituted, namely:-