Karnataka Minor Mineral Concession (Amendment) Rules, 2023

[17th March 2023]

In exercise of the powers conferred by section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (Central Act 67 of 1957), the Government of Karnataka, hereby makes the following rules further to amend the Karnataka Minor Mineral Concession Rules, 1994, namely:-

Rule - 1. Title and commencement

(1)     These rules may be called the Karnataka Minor Mineral Concession (Amendment) Rules, 2023.

(2)     They shall come into force from the date of their publication in the official Gazette.

Rule - 2. Amendment of rule 2

In the Karnataka Minor Mineral Concession Rules, 1994 (hereinafter referred to as said rules), in rule 2, in sub-rule (1),-

(i)       in clause (a-2), for the letters "GPS", the words, brackets and letters "Differential Global Positioning System (DGPS)", shall be substituted.

(ii)      after clause (a-a), the following shall be inserted, namely:-

"(a-b) "Additional Payment" means forty percent of royalty payable by the holder of lease or sand quarrying license and working permission, as specified under rule 3-A, in addition to royalty;"

(iii)     after clause (c), the following shall be inserted, namely:-

"(c-1) "Dead Rent" means the minimum amount payable in a year by the person granted a quarry lease or licence under these rules irrespective of the fact as to whether he operates or not or could operate the area fully or partly;"

(iv)    after clause (e-3), the following shall be inserted, namely:-

"(e-4) "Mineral Based Industry" means an Industrial unit established for the purposes of minor mineral processing for value addition;

(e-5) "Mine" shall have the same meaning assigned to it in the Mines Act, 1952 (Central Act 35 of 1952);"

(v)      after clause (g), the following shall be inserted, namely:-

"(g-1) "Owner" shall have the same meaning assigned to it in the Mines Act, 1952 (Central Act 35 of 1952);"

(vi)    after clause (h-1), the following shall be inserted, namely:-

"(h-2) "Public Road" means National Highway, State Highway, Major District Roads and road having district road code, village roads and other roads notified by the Government;"

Rule - 3. Amendment of rule 3-A

In the said rules, in rule 3-A,-

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

"(a) (i) digging of well for irrigation or drinking water or rain water harvesting;

(ii) digging of foundation for building;

(iii) de-silting of ponds, tanks and construction of new tanks by Irrigation Department and any other Government Department, ponds construction meant for the purpose of agriculture and fishery. construction and maintenance of canals and drainage system as notified by the irrigation department; and

(iv) levelling of any lands by a land owner within his own land and disposal of the minor mineral (other than sand) extracted thereof;"

(ii)      in clause (b), the words "laterite or", shall be omitted.

(iii)     after clause (b), the following shall be inserted, namely:-

"(c) removal or collection of lime shells (dead shells) available in coastal regulation zone by the traditional community through manual method for poultry feed and animal feed supplements."

(iv)    in the first proviso, for the letter and brackets "(b)", the letters, brackets and word "(a), (b) and (c)", shall be substituted.

(v)      for the second proviso, the following shall be substituted, namely:-

"Provided further that, in case of clauses (a) and (b) and (c) above if the minor mineral is sold by the holder of working permission shall pay the royalty to the State Government at the rate specified in schedule-II as well as Additional Payment, and the transportation of the minor mineral shall be undertaken only with a valid Mineral Dispatch Permit.

Provided also that, Ministry of Railways and National Highways and National Highway Authorities shall be exempted from payment of royalty, additional payment and for obtaining mineral dispatch permit on the soil or silt or murram from tanks or lakes or ponds that are officially desilted under the Amrit Sarovar scheme."

Rule - 4. Amendment of rule 3-B

In the said rules, in rule 3-B, for sub-rule (3) and the proviso thereunder, the following shall be substituted, namely:-

"(3) Quarry lease under this rule shall be granted on the condition that the lessee shall pay royalty and additional payment:

Provided that, when such royalty and additional payment is paid, then the payment by the lessee for the District Mineral Foundation Trust fund shall be as payable by the holders of lease through auction;"

Rule - 5. Amendment of rule 3-D

In the said rules, in rule 3-D, for sub-rule (3) and the proviso thereunder, the following shall be substituted, namely:-

"(3) Quarry lease under this rule shall be granted on the condition that the lessee shall pay royalty and additional payment.

Provided that, when such royalty and additional payment is paid, then the payment by the lessee for the District Mineral Foundation Trust fund shall be as payable by the holders of lease or license through auction."

Rule - 6. Amendment of rule 3-E

In the said rules, in rule 3-E,-

(i)       in sub-rule (1), the proviso shall be omitted.

(ii)      in sub-rule (4), for the second proviso, the following proviso shall be substituted, namely:-

"Provided further that, when such grant of quarrying lease for the new minor mineral discovered under sub-rule (1) is made, the lessee shall pay additional payment, in addition to royalty applicable to the new minor mineral discovered as under sub-rule (1) as given in schedule-II."

Rule - 7. Amendment of rule 3-F

In the said rules, in rule 3-F,-

(i)       for sub-rule (1), the following shall be substituted, namely:-

"(1) Notwithstanding anything contrary contained in Chapter IV-A, quarry leases for extraction of building stone manually of extent five acres and below in case of individuals and ten acres and below in case of Registered Societies having all the members belonging to the Schedule Caste or Schedule Tribes or having all members who are traditional quarry operators or economically weaker section and whose livelihood is dependent on quarrying for ordinary building stone or physically challenged persons in the lands belonging to the State Government, shall be allotted following the procedures in accordance with the provisions of these rules."

(ii)      for sub-rule (4), the following shall be substituted, namely:-

"(4) Blocks so identified for the purpose of this rule shall be reserved, by way of lottery, for allotment to the residents of the Taluk for quarrying by them, in the following percentages, namely:-

(i)       persons belonging to the Scheduled Castes or Scheduled Tribes or registered society of such persons - 24%

(ii)      persons belonging to Scheduled Castes or Scheduled Tribes who carrying out quarrying by tradition and whose livelihood is depending on quarrying of ordinary building stone or registered society of such persons - 24%

(iii)     persons with disabilities (physically challenged) - 2% and

(iv)    other communities involved in traditional quarrying (except clause (i) and (ii)) and persons belonging to economically weaker section -50%."

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

"(5) If more than one application is received amongst the categories specified under clause (i) and (ii) of sub-rule (4), shall be allotted with the following order of preference namely:-

(i)       Registered Societies having all the members belonging to the Schedule Caste or Schedule Tribes or having all members who are traditional quarry operators and whose livelihood is dependent on quarrying for ordinary building stone and who are nearest residence to the building stone blocks so identified for allotment of quarry lease:

Provided that, if more than one application is received for seeking grant of quarry lease, the application filed by oldest registered society who conducted quarrying in past in the building stone blocks so identified for allotment of quarry lease shall be consider for grant of quarry lease.

(ii)      Individuals belonging to the Schedule Caste or Schedule Tribes or traditional quarry operators and whose livelihood is dependent on quarrying for ordinary building stone and who are nearest residence to the building stone blocks so identified for allotment of quarry lease:

Provided that, if more than one application received for seeking grant of quarry lease, the application filed by oldest individuals who conducted quarrying in past in the building stone blocks so identified for allotment of quarry lease shall be consider for grant of quarry lease.

(iii)     Individual or Registered Societies having all the members belonging to the Schedule Caste or Schedule Tribes or having all members who are traditional quarry operators and whose livelihood is dependent on quarrying for ordinary building stone who are the residence of the concerned taluk:

Provided that, if more than one application is eligible after providing priority as specified in sub-rule (5), quarrying lease shall be granted to eligible applicants by way of lottery."

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

"(6) Without prejudice to sub-rule (5), quarrying lease shall be allotted for eligible applicant by way of lottery, under this rule amongst the categories specified under clause (iii) and (iv) of sub-rule (4)."

(v)      sub-rule (9), shall be omitted.

Rule - 8. Amendment of rule 6

In the said rules, in rule 6,-

(i)       in sub-rule (2), after the words "no blasting is involved", the words "and one hundred meters if control blasting is involved", shall be inserted.

(ii)      for sub-rule (3) and the proviso thereunder, the following shall be substituted, namely:-

"(3) In case of breach by the lessee or licensee or his transferee or assignees of any of the conditions specified in these rules or in the quarrying lease deed or license, the Competent Authority shall require by notice in writing the lessee or licensee to remedy the breach within thirty days from the date of notice and if the breach is not remedied within such period the Competent Authority may levy a fine of rupees Twenty Five thousand in the case of non-specified minor minerals and rupees Fifty thousand in case of specified minor minerals. If breach of any of the conditions specified in these rules or in the quarrying lease deed or licence happens for any subsequent time the competent authority may levy fine twice for the second time and thrice for the subsequent time as mentioned above:

Provided that, if lessee or licensee fails to pay the fine as mentioned above, the competent authority shall determine the lease or licence after providing an opportunity of being heard"

(iii)     for sub-rule (4), the following shall be substituted, namely:-

"(4) The lessee or licensee shall remove or transport the minor mineral extracted from a quarry during the currency of the lease or licence within six months from the date of expiry of the lease or licence. If the lessee or licensee fails to remove or transport the minor mineral extracted within the period of six months from the date of expiry of the lease or licence, the minor mineral so extracted shall be the property of the State Government and it shall be disposed as per Chapter-VIII of these rules."

Rule - 9. Amendment of rule 8

In the said rules, in rule 8,-

(i)       in sub-rule (1-A), for the words and symbol "No quarry lease/licence/working permission/amalgamation shall be granted or renewed", the words and symbol, "No quarry lease/licence deed shall be executed" shall be substituted.

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

"(5) the competent authority shall before granting or renewing a lease or licence, consult,-

(i)       in case of specified minor minerals, the Deputy Commissioner of the District concerned and obtain No Objection Certificate;

(ii)      in the case of non-specified minor minerals, the Assistant Commissioner of the sub-division concerned and obtain No Objection Certificate:

Provided that, in case of all minor minerals in Gomala lands, the Assistant Commissioner of Revenue Department and Deputy Director or Senior Geologist concerned, who shall furnish joint Inspection report through Deputy Commissioner.

(iii)     in case of all minor minerals, the Deputy Conservator of Forest of the concerned jurisdiction and obtain No Objection Certificate;

(iv)    in case of all minor minerals, jurisdictional Mines and Geology Officer and obtain technical report along with sketch duly mentioning GPS Coordinates; and shall take action in accordance with Chapter III, in respect of specified minor mineral and in accordance with Chapters IV and V, in respect of non-specified minor mineral as the case may be."

(iii)     after sub-rule (5), the following shall be inserted, namely:-

"(6) If the Deputy Commissioner or the Assistant Commissioner of the Revenue Department or the Deputy Conservator of Forest or the Assistant Commissioner or the Deputy Director or Senior Geologist as the case may be, fails to give No Objection Certificate or Joint inspection report under sub-rule (5), within ninety days, from the date of communication, the same shall be placed before the District Taskforce (Mines) Committee in its monthly meeting by the concerned Deputy Director or Senior Geologist:

Provided that, the officer who fails to issue no objection certificate or Joint inspection report as specified in sub-rule (5) shall be summoned by the District Task Force Committee and obtain opinion from concerned officer in the meeting and record in the proceedings of the meeting and the same shall be disposed off accordingly."

Rule - 10. Amendment of rule 8-A

In the said rules, in rule 8-A,-

(i)       for the heading and sub-rule (1), the following shall be substituted, namely:-

"8-A. Periods for which quarrying lease, licence or composite licence may be granted,-

(1)     On and from the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, all the quarrying lease, licenses and prospecting cum quarrying lease, unless or otherwise explicitly mentioned in these rules shall be granted for a period of fifty years for specified minor minerals and for a period of thirty years for the non-specified minor minerals, subject to establishment of mineral availability and workability of the quarry and further subject to provisions under Chapter-II and II-A of these rules."

(ii)      the third proviso to sub-rule (1), shall be omitted.

(iii)     after sub-rule (1) as so substituted, the following shall be inserted, namely:-

"(1-a) Notwithstanding anything contained in sub-rule (1), if the State Government is of the opinion that in the interest of development of minor minerals it is necessary to do so, it may, for reasons to be recorded, authorize the extension of a lease or license for a further period up to twenty years in case of specified minor minerals and ten years in case of non-specified minor minerals, Subject to establishment of mineral availability and workability of the quarry and further subject to provisions of rules in Chapter-II and II-A:

Provided that, quarry lease under this rule shall be granted or extended or renewed on the condition that the lessee shall pay royalty and additional payment.

Provided further that, when such royalty and additional payment is paid, then the payment by the lessee for the District Mineral Foundation trust Fund shall be as payable by the holders of lease through auction."

(iv)    for sub-rule (2) and provisions thereunder, the following shall be substituted, namely:-

"(2) All the quarrying leases or licenses granted before the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, shall be deemed to have been granted for a period of fifty years in respect of specified minor minerals and for a period of thirty years in respect of non-specified minor minerals from the date of its original grant, subject to establishment of mineral availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease or licenses have been complied by the lessee or licensee:

Provided that, the mining leases of the minerals which are classified as minor minerals by the Central Government vide notification no. S.O. 423 (E), dated 10-02-2015 shall be deemed to have been granted for fifty years, for an area already granted under such lease and be considered as quarrying lease or license as the case may be, subject to establishment of mineral availability and workability of the quarry and also subject to the condition that all the terms and conditions of the lease have been complied by the lessee or license.

Provided further that, the quarry lease or licence which are granted before 12-08-2016 and the period of such lease or licence expired before commencement of these rules shall be considered for extension of period under the provisions of this rule."

(v)      sub-rules (3), (4) and (5), shall be omitted.

(vi)    in sub-rule (7), for the words, "thirty years", the words "fifty years" shall be substituted, wherever they occur.

Rule - 11. Amendment of rule 8-B

In the said rules, for rule 8-B, the following shall be substituted, namely:-

"8-B. Status of applications received.-

(1)     Notwithstanding anything contained in Chapter-IV-A, all applications received for grant of lease prior to the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, shall become eligible including the applications received for grant of mining leases of the minerals that are now re-classified as minor mineral by the Central Government by Notification No. S.O. 423(E), dated:10-2-2015:

Provided that, Applications received for grant of lease prior to the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, for which no objection certificates and reports are received before commencement of these rules as per sub-rule (5) of rule 8 shall be considered for grant of quarry lease by the Competent Authority.

Provided further that, Applications received and pending for grant of lease prior to the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016, for which no objection certificates and reports are not received before commencement of these rules, the Competent Authority shall consider such applications for grant of quarry lease after obtaining no objection certificates and report as per sub-rule (5) of rule 8

(2)     These applications may be consider for grant of quarrying lease in Form-GL by the competent authority as per the provisions of these rules and dispose the application within twenty four months from the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023.

(3)     If any conflicts arises between applications received for grant of quarry lease before promulgation of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 that are now considered as eligible applications, and applications which are received and pending for consideration under the provisions of rule 31-ZC within the time prescribed the Karnataka Minor Mineral Concession (Amendment) Rules 2016, the competent authority shall consider applications for grant of quarry lease which are received under the provisions of rule 31-ZC of the Karnataka Minor Mineral Concession (Amendment) Rules 2016, for production of manufacture sand.

(4)     The provisions of rules 3, 3-C, 3-E, 4, 5, 6, 7, 8, 8-A, 15, 15-A, 16, 17, 18, 19-A, 19-B, 19-C, 19-D, 20, 54, 55 and Chapter-II-A, Chapter-VI, Chapter-VII, Chapter-VIII and Chapter-IX shall mutatis mutandis apply to quarry lease granted under this rule."

Rule - 12. Amendment of rule 8-J

In the said rules, for rule 8-J,-

(i)       for sub-rule (1), the following shall be substituted, namely:-

"(1) Every quarrying plan or simplified quarrying plan duly approved shall be valid for five years or the duration of quarrying lease or license or working permission whichever is earlier and modification or alteration in the quarrying plan with reason thereof shall be reported to the Competent Authority."

(ii)      in sub-rule (4), the words "However, in case of sand at least ninety days before the expiry of the two years period", shall be omitted.

Rule - 13. Omission of rule 8-L

In the said rules, rule 8-L, shall be omitted.

Rule - 14. Amendment of rule 8-N

In the said rules, in rule 8-N, after sub-rule (5), the following shall be inserted, namely:-

"(6) On obtaining permission from the concerned Revenue Department Officer, the lessee or licensee may also stack non-salable and Rejected Minor Mineral outside the quarry lease or license area, which is adjacent to the quarry lease or license area with the prior approval from concerned Deputy Director or Senior Geologist, subject to submission of approved modified quarrying plan and Environmental Clearance or necessary documents as specified in these rules."

Rule - 15. Amendment of rule 8-O

In the said rules, for rule 8-O, the following shall be substituted, namely:-

"8-O. Employment of qualified persons.-

For the purpose of carrying out quarrying operations in accordance with these rules, every holder of a quarrying lease/quarry licence shall employ qualified person as per provisions of the Mines Act, 1952 and Metalliferous Mines Regulation, 1961."

Rule - 16. Amendment of rule 8-R

In the said rules, in rule 8-R,-

(i)       for sub-rule (1), the following shall be substituted, namely:-

"(1) Cluster Association of quarry lease/licence shall be formed in accordance with notifications or Official Memorandum duly issued by the Ministry of Environment, Forest and Climate Change, Government of India from time to time."

(ii)      after sub-rule (3), the following shall be inserted, namely:-

"(4) In the interest of mineral development and to promote systematic and scientific quarrying, if the minor mineral deposits found in the middle of the concession area falling in cluster association, such minor mineral deposited area shall be allotted to the lessees falling in cluster and grant a quarry leases through non auction route, as per guidelines issued by the State Government from time to time.

(5)   In the interest of systematic and scientific quarrying if the land is available adjacent to the existing lease or licence having an extent of five acres or below, such area shall be allotted to lessee or licence through non auction route with necessary clearances or documents as specified in these rules and as per guidelines issued by the State Government from time to time:

Provided that, the allotted area shall be twenty five percent of the existing leased or licenced area or one acres whichever is lower.

Provided further that, the area so allotted shall be utilized only for the purpose of maintenance of margin land or buffer zone or development of benches."

Rule - 17. Amendment of rule 11

In the said rules, in rule 11, the words "except for sand and M - sand", shall be omitted.

Rule - 18. Amendment of rule 15

In the said rules, in rule 15, in sub-rule (1), in clause (b) the words "or licences", shall be omitted.

Rule - 19. Insertion of rule 15-B

In the said rules, after rule 15-A, the following shall be inserted, namely:-

"15-B. Registration of mineral based industry.-

(1)     Registration of new mineral based industry: Any person who intends to establish mineral based industry, on and after the commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023 in respect of the minor mineral listed under schedule-IB, shall register with the Deputy Director or Senior Geologist, Department of Mines and Geology of the concerned district.

(2)     Registration of existing mineral based industry:

(a)      All existing mineral based industry utilizing the minor mineral, listed under schedule-IB, shall register with the Deputy Director/Senior Geologist, Department of Mines and Geology of the concerned district within a period of one year from the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2023.

(b)      Every application for registration of mineral based industry shall be made in Form-RMM along with a registration fee of rupees ten thousand in the form of Treasury challan:

Provided that, application for renewal shall be made to the Deputy Director/Senior Geologist of the concerned district in Form-RMM, three months before expiry of registration along with a renewal fee of the rupees five thousand in the form of Treasury challan.

(3)     The application received for grant or renewal of registration of mineral based industries under these rules shall be disposed within a period of ninety days from the date of receipt of such application.

(4)     Where, in case the Deputy Director / Senior Geologist, Department of Mines and Geology of the concerned district is not able to dispose the application for grant or renewal of registration of mineral based industry within a period specified above, the reasons for the delay shall be given in writing within thirty days after the expiry of the disposal period.

(5)     The period of the registration shall be valid for a period of ten years and shall be renewed for every ten years In Form -LMI

(6)     Mineral based industry registered under these rules shall furnish yearly reports to the jurisdictional Deputy Director/Senior Geologist in FormMYR.

(7)     Mineral based industry registered under the provisions of these rules shall obtain the mineral duly covered by a valid Mineral Dispatch permits issued by the Department of Mines and Geology as specified under rule 42.

(8)     If the owner of mineral based industry fails to register industry owned by him, within the prescribed time under the provisions of these rules shall be considered for registration on payment of penalty in addition to registration fee specified below, namely:-

(9)     The licensee shall maintain correct and intelligible accounts of the minerals procured either in raw from and / or subjected the minerals for beneficiation, separation, crushing, pulverization and cutting and polishing activities, as the case may be in e-return.

(10)   The licensee shall produce the documentary evidence for the minerals either in raw from and / or subjected the minerals for beneficiation, separation, crushing, pulverization and cutting and polishing activities, as the case may be, sourced from outside the State of Karnataka to the concerned Deputy Director/ Senior Geologist.

(11)   The licensee shall dispatch the mineral either in raw from and / or subjected the minerals for beneficiation, separation, crushing, pulverization and cutting and polishing activities, as the case may be, by obtaining Mineral Dispatch Permit.

(12)   The registered licensee shall allow the authorized officer to inspect the industrial unit for verification the stocks and accounts of the mineral.

(13)   Penalties: Any person who contrivance any provisions of this rule shall be punishable with fine of,-

(a)      If the offence is committed first time- rupees 25,000/-;

(b)      In the Event of repeated offence, rupees 50,000/- and/or imprisonment for a term which may extended to one year or with both; and

(c)      Whoever intentionally obstructs the Authorised Officer shall be punishable with an imprisonment for a term which may be extended to one year and fine of rupees 10,000/- or with both.

Rule - 20. Amendment of rule 17

In the said rules, in rule 17,-

(i)       for sub-rule (1), the following shall be substituted, namely:-

"(1) Before the grant of quarry lease or licence or prospecting license the Competent Authority shall make arrangements for survey and demarcation of the area subject to the applicant paying the expenses at the rate of rupees two thousand per acre of land."

(ii)      after sub-rule (2), the following shall be inserted, namely:-

"(3) If any variations found in quarry lease or licence area due to technical error, in such cases after ascertaining the area by conducting joint survey along with the officers of the Revenue and Survey Settlement and Land Records and allowed to correct such discrepancy as one time measure, during the currency of lease or licence period as per guidelines issued by the State Government.

(4)   Notwithstanding anything contained in these rules, any habitation, educational institute, temple, building coming up subsequent to issuance of quarry lease or licence grant notification in Form-GL shall not affect the operation or continuance of such lease or licence and shall not affect any extension of lease or license period under rule 8(A):

Provided that, the lessee or licensee shall carry the quarrying operation by taking relevant safety measures mentioned above."

Rule - 21. Amendment of rule 18

In the said rules, in rule 18,-

(i)       for sub-rule (1), the following shall be substituted, namely:-

"(1) When a quarrying lease or quarry license, or prospecting license or composite license is granted the quarry lease, quarry license, prospecting license or composite license shall be got executed in Form-E by the grantee within twelve months of the order granting or renewing the lease or further twelve months period as the Competent Authority may allow in this behalf and if no such lease deed is executed within the aforesaid period, the order granting or renewing the lease shall be deemed to have been revoked."

(ii)      after sub-rule (1), the following shall be inserted, namely:-

"(1-A) If lessee or licensee fails to register the quarry lease deed during the currency of the lease period, and which are eligible or otherwise for deemed extension under the provisions of rule 8-A, in such case the competent authority may impose a fine of rupees two lakhs and execute supplementary quarry lease or license deed. After the issuance of supplementary quarry leaser license deed, the lessee or licensee shall register the quarry lease deed within ninety days and submit the registered deed to the competent authority, till such period lessee or licensee shall not be entitled to conduct quarrying activities."

Rule - 22. Amendment of rule 19-A

In the said rules, in rule 19-A,-

(i)       in the heading for the words "Transfer of Mineral Concession", the words "Transfer of quarry lease or licence" shall be substituted.

(ii)      in sub-rule (4), for the proviso, the following shall be substituted, namely:-

"Provided that, if the transferee fails to register (Form-T) within the period prescribed in the Registration Act, 1908 (Central Act 16 of 1908), the Competent Authority, viz Commissioner or Director or Deputy Director or Senior Geologist of the Mines and Geology Department may condone the delay and for the reasons to be recorded in writing and shall re-execute the same. After re-execution of the Form-T the lessee or licensee shall register the same within ninety days and submit the copy to the Competent Authority. If the lessee or licensee fails to register the transfer lease or licence deed within ninety days after re-execution of the transfer lease or licence deed, the order for transfer shall be revoked by the Commissioner or Director or Deputy Director or Senior Geologist with forfeiture of transfer application fee and premium."

(iii)     in sub-rule (8), the second proviso and Explanation thereunder, shall be omitted.

(iv)    after sub-rule (8), the following shall be inserted, namely:-

"(9) The Competent Authority may, by order, in writing terminate any lease or licence at any time, if the lessee or licensee, in the opinion of the Competent Authority, has violated the provisions of sub-rule (1) or has transferred any lease or licence or any right, title or interest therein without the prior approval of the Competent Authority:

Provided that, no such order making a termination of quarry lease or licence shall be made without giving reasonable opportunity to the lessee or licensee to be heard."

Rule - 23. Amendment of rule 19-C

In the said rules, for rule 19-C, the following shall be substituted, namely:-

"19-C. Status of grant of quarrying lease or license on death of the applicant or lessee or licensee.-

(1)     Where an applicant for the grant of a quarrying lease or license dies before the order granting him the quarrying lease, the application for the grant of a quarry lease shall be deemed to have been made in favour of his legal heir.

(2)     In the case of an applicant in respect of whom an order granting a quarrying lease is passed but who dies before the execution of deed, the order shall be deemed to have been passed in the name of the legal heir of the deceased.

(3)     Where a lessee dies during the currency of lease, the quarry lease deed shall be deemed to be executed in the name of his legal heir of the deceased till the expiry of the lease held upon by an order of the Competent Authority in this regard."

Rule - 24. Amendment of rule 31-A

In the said rules, in rule 31-A, in sub-rule (1), the words, numbers and brackets "in-principle concurrence of the concerned authorities prescribed under sub-rule (5) of rule-8 and formal approvals shall be obtained by the successful bidder by following due procedures, if any before execution of the deed" shall be omitted.

Rule - 25. Amendment of rule 31-R

In the said rules, in rule 36-R,-

(i)       in sub-rule (3), in clause (vi), for the words "lease holder" the words "successful bidder" shall be substituted.

(ii)      in sub-rule (4), in clause (ii) the words, figures and letters "in coastal districts as per rule 31-ZB" shall be omitted.

(iii)     after sub-rule (6), the following shall be inserted, namely:-

"Provided that, if the seized sand is not required for any Government works, action shall be taken by the District Sand Committee to dispose such sand to the general public."

(iv)    in sub-rule (12) for the words, figures, letters and brackets "sub-rule (5) of Rule 43 and sub-rule (1) of Rule 43-A" the words, figures and letters " the provisions of rules 43, 43A and 44 of these rules" shall be substituted.

(v)      in sub-rule (20) for clause (ii) the following shall be substituted, namely:-

"(ii) In case of IV, V and higher order streams of river, any person aggrieved by an order passed by the District sand committee may prefer a revision to the Commissioner or Director Department of Mines and Geology. within thirty days from the date of receipt of such order."

(vi)    after sub-rule (20) the following shall be inserted, namely:-

"(21) No transport of sand shall be made across the border to other States:

Provided that in case of exigencies the State Government on the recommendation of the District Sand Committee, or on its own, may allow transportation of sand across the border to other States."

Rule - 26. Amendment of rule 31-U

In the said rules in rule 31-U,-

(i)       in sub-rule (2) the words, figures and letters "in coastal districts as per Rule 31-ZB" shall be omitted;

(ii)      in sub-rule (3) the words, figures and letters "in coastal districts as per Rule 31-ZB" shall be omitted;

(iii)     in sub-rule (5) the words, figures and letters "as per Rule 31-ZB" shall be omitted;

(iv)    in sub-rule (6) for the words, figures and letters "as per Rule 31-ZB, the" the words "the Jurisdictional" shall be substituted;

(v)      in sub-rule (11) after the words "permission holder" the words "or lease holder" shall be inserted;

(vi)    in sub-rule (12) after the words "permission holder" the words "or lease holder" shall be inserted;

(vii)   sub-rule (14) shall be omitted; and

(viii)  after sub-rule (18) the following shall be inserted namely:-

"(19) For the purpose of reservation and grant of sand quarrying lease for the blocks available in IV, V and higher order stream through tender - cum - auction shall be done as per guidelines and tender documents notified and issued by the Government from time to time."

Rule - 27. Amendment of rule 31-W

In the said rules in rule 31-W,-

(i)       in sub-rule (1) the words, brackets and figures "by the existing lease or license holder holding on or before the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2021" shall be omitted; and

(ii)      in sub-rule (2) for the words "average additional periodic payment" the words "additional payment" shall be substituted.

Rule - 28. Amendment of rule 31-Z

In the said rules in rule 31-Z,-

(i)       in sub-rule (2),-

(a)      for the words "width of the river" the words "width of the existing river" shall be substituted;

(b)      after sub-rule (2) so amended, the following shall be inserted, namely:-

"Explanation: - "Existing river" means, the path of present flow of a river as ascertained from satellite or Google imageries."

(ii)      after sub-rule (3) the following shall be inserted, namely:-

"Provided that if there is a possibility of replenishment of sand in the patta land, the quarrying of sand in patta land may allowed within the five kilometers of river bed mining."

(iii)     for sub-rule (7) the following shall be substituted, namely:-

" (7) The licensee in addition to the royalty shall pay additional payment."

Rule - 29. Amendment of rule 31-ZA

In the said rules in rule 31-ZA for sub-rule (2) the following shall be substituted, namely:-

"(2) The permit holder, in additional to the royalty shall pay additional payment for the sand disposed after removal of sand bars from the Coastal Regulation Zone (CRZ) and the same shall be remitted to the Consolidated Fund of the State."

Rule - 30. Amendment of rule 31-ZB

In the said rules in rule 31-ZB,-

(i)       in sub-rule (1), in clause (a) for the word "District" the word "Taluk" shall be substituted.

(ii)      after sub-rule (2), the following shall be inserted, namely:-

"(3) Regulation of sand removal from de-siltation of vented dams manually in Non-CRZ areas of coastal Districts,-

(a)      In Non-CRZ areas of coastal district, viz. Uttar Kannada, Dakshina Kannada and Udupi Districts, the de-siltation of vented dams shall be allotted by way of tender-cum-auction by the District Sand Committee amongst the traditional sand extracting communities to be identified as specified in rule31-ZB.

(b)      The grant of permission for de-siltation of vented dams in Non-CRZ areas of coastal Districts shall be done as per the guidelines and tender document issued and notified by the State Government from time to time."

Rule - 31. Amendment of rule 31-ZC

In the said rules in rule 31-ZC,-

(i)       for sub-rule (1), the following shall be substituted, namely:-

"(1) Notwithstanding anything contained in these rules in order to promote manufactured sand (hereinafter referred as M-Sand) and to conserve natural sand shall be granted quarry lease for persons who have already established or person who hold a valid license (Form-CFE) for establishment of M-sand Unit to enable them to produce M-Sand for the next thirty years."

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

"(2) Every application for grant of quarry lease as specified in sub rule (1) shall be made in the Form-AQL along with the documents specified in the guidelines by the Government from time to time, to the Commissioner or Director, Department of Mines and Geology and shall be accompanied by non- refundable application fee of rupees ten thousand per acre in the form of treasury challan:

Provided that,-

(a)      quarry blocks identified by the Owner of M-sand unit or Form-CFE holder within radius of 30 kilo metre from the present location of the unit;

(b)      all the application received under sub rule-(1) of rule-31-ZC of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 for production of Msand and pending consideration for grant of quarry lease shall be considered and disposed in accordance with Karnataka Minor Mineral Concession (Amendment) Rules -2023;

(c)      an application under Form-AQL shall be made within a period of twelve months from the date of commencement of the Karnataka Minor Mineral Concession (Amendment) Rules-2023; and

(d)      the grant of quarry leases under sub-rules (1) and (2) shall be done by the Guidelines issued by the State Government from time to time."

(iii)     sub-rules (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14) and (15) shall be omitted.

Rule - 32. Omission of rule 31-ZD

In the said rules, rule 31-ZD shall be omitted.

Rule - 33. Amendment of rule 31-ZE

In the said rules, in rule 31-ZE,-

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

"(2) the provisions of the Chapter IV and V shall mutatis mutandis apply to rule 31-ZC"; and

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

"(3) The provision of Chapter IV and V shall also apply mutatis and mutandis to sand to the extent that it is not inconsistent to provisions of rule 31-Z."

Rule - 34. Substitution of rule 32

In the said rules, for rule 32 the following shall be substituted namely:-

"32 Quarrying Licence.-

(1)     No persons in possession of private or patta lands in Karnataka State and in whose lands sub soil minor minerals are situated shall undertake quarrying operation of minor minerals in Private or patta lands except with a quarrying licence granted under this chapter.

(2)     Application for grant or renewal of quarrying licence in private or patta land: Every application for grant or renewal of a licence to quarry with respect to minor minerals in the private or patta lands shall be made in the Form-AQL and Form-R respectively along with the documents specified in the guidelines issued by the Government from time to time, to the jurisdictional Deputy Director or Senior Geologist and shall be accompanied by non-refundable application fee of rupees ten thousand in case of Specified Minor Minerals and rupees five thousand in case of Non-specified Minor Minerals.

(3)     Application received under sub-rule (2) shall acknowledged in Form-A. The acknowledgment shall be sent to the applicant by registered post.

(4)     The jurisdictional Deputy Director or Senior Geologist shall obtain no objection certificates and reports as specified under sub-rule (5) of rule 8.

(5)     Quarrying licence may be given to Registered GPA holders of private or patta lands or for holders of consent in Form-CFQ from the owner of the Private or patta lands to the effect that he has consent for quarrying minor mineral by the applicant:

Provided that, this consent once given in the Consent Letter shall not be withdrawn for any reason during the pendency of the application for grant of quarrying licence or during the currency of the quarrying licence granted in favour of the applicant.

(6)     In case of all minor mineral jurisdictional Deputy Director or Senior Geologist shall obtain recommendation from the District Task Force (Mines) Committee before granting or renewing a quarry licence.

(7)     Grant and Execution of licence in Private or patta land owner, Registered GPA holder or Consent holders shall be done by the jurisdictional Deputy Director or Senior Geologist as specified in rules 16, 17 and 18 of these rules.

(8)     Before execution of a licence deed grantee shall submit approved quarrying plan, Environmental Clearance, Land Conversion Order and other statutory documents and fees as specified under these rules.

(9)     The period for which a quarrying licence may be granted or renewed under this chapter for a period of fifty years in case of specified minor mineral and thirty years in case of non-specified minor mineral.

(10)   All working permissions granted for Ornamental Stone quarrying in private or patta land before commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016 to be consider as quarrying licence from the date of commencement of these rules:

Provided that, the jurisdictional Deputy Director or Senior Geologist shall issue quarrying licence in Form-E and licensee shall registered the same as per rule 18 of these rules.

(11)   No licence shall be transfer without previous consent of the private or patta land owner and concerned competent authority.

(12)   The provisions of Chapters II and II-A and rules 13, 15-A, 16, 17, 19, 19-A, 19-B, 19-C, 19-D and Chapter VI, except proviso (b) of sub-rule (1) of rule 36 and sub-rule (5) of rule 36 , Chapter-VII, Chapter VIII and Chapter IX shall mutatis mutandis apply to this chapter."

Rule - 35. Amendment of rule 36

In the said rules, in rule 36,-

(i)       in sub-rule (1), for fourth proviso the following shall be substituted, namely:-

"Provided also that,-

(a)      the State Government shall charge an additional payment in addition to royalty, on all quarry leases granted through non auction route before or after commencement of the Karnataka Minor Mineral Concession (Amendment) Rules, 2016.

(b)      the additional payment shall not be charged for leases or license granted under rule-3-F and rule-32.

(c)      when such royalty and additional payment is paid, then the payment made by the lessee for the District Mineral Foundation Trust Fund shall be as payable by the holders of lease or license through auction;

(ii)      in sub-rule (2), for the words " six months", the word "year", shall be substituted.

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

"(5) Upfront payment for quarrying lease.- Not withstanding anything contained in these rules the holder of quarry Lease in the lands belonging to State Government shall pay one-tenth of the royalty amount of average permitted annual production quantity mentioned in the environmental clearances in their validity period in the form of performance bank security before execution of the lease:

Provided that,-

(a)      the upfront payment shall be forfeited by concerned Deputy Director or Senior Geologist if lessee fails to comply the conditions stipulated in approved quarry closure plan and default in making all dues to the Government after the expiry of quarry lease.

(b)      the provision of this sub rule shall not be applicable to for quarrying license granted under the provisions of rules 3-F and 32."

Rule - 36. Amendment of rule 39

In the said rules, in rule 40 at the end after the words " Security deposit" the following shall be inserted, namely:-

"Provided that, All dues payable to the Government under these rules, if remain unpaid, shall be recoverable as an arrears of land revenue".

Rule - 37. Amendment of rule 40

In the said rules, in rule 40 for the first proviso the following shall be substituted, namely:-

"Provided that,-

(a)      The DGPS and Drone or Total Station Survey shall be conducted and freeze the reference or reduced levels of the concession area prospectively through the Karnataka State Remote Sensing Applications Centre (KSRSAC) or the empanelled agency by the Karnataka State Remote Sensing Applications Centre (KSRSAC) for the purpose of the systematic and scientific assessment of quantity of minor mineral extracted and dispatched from the concession area.

(b)      in case, the lessee or licensee fails to submit the required documents to finalize the annual audit report or the information submitted are incorrect or the Jurisdictional Deputy Director/ Senior Geologist has reasons to believe that the lessee or licensee had evaded royalty.

(c)      the Jurisdictional Deputy Director/ Senior Geologist shall after giving a reasonable opportunity of being heard to the lessee or licensee, and to make such enquiry and finalize the annual audit report based on the report of DGPS and Drone or Total Station Survey through the Karnataka State Remote Sensing Applications Centre (KSRSAC) or a empanelled agency by the Karnataka State Remote Sensing Applications Centre (KSRSAC).

Rule - 38. Amendment of rule 41

In the said rules, in rule 41, for the words "fifteen percent" the words "twelve percent" shall be substituted.

Rule - 39. Amendment of rule 42

In the said rules, in rule 42, after sub-rule (2) the following shall be inserted namely:-

"(3) All minor mineral transporting vehicles shall install Global Positioning System and shall transport minor mineral only in the approved route as indicated in the computerized mineral dispatch permit:

Provided that, the minor mineral transport vehicles shall be registered with the Integrated Lease Management System (ILMS) of Department of Mines and Geology for monitoring purpose."

Rule - 40. Amendment of rule 43

In the said rules, in rule 43, in sub-rule (6), after the words "compounding fee", the words "for Minor Mineral" shall be inserted.

Rule - 41. Amendment of rule 43-A

In the said rules, in rule 43-A,-

(i)       in the heading for the word "Seizing", the word "Seizer" shall be substituted.

(ii)      for sub-rule (1), the following shall be substituted, namely:-

"(1) Whenever any person without lease or licence raises or causes to be raised, or stored without any lawful authority, any minor mineral from any land, and for that purpose, uses any tool, equipment, vehicle or any other thing, such minor mineral, tool, equipment, vehicle or any other things shall be seized by an officer or authority empowered in this behalf."

(iii)     in sub-rule (2), in the first proviso,-

(a)      for the word "may", the word "shall" shall be substituted; and

(b)      for the words, figure and brackets "sub-rule (5)", the words, figure and brackets "sub-rule (1)" shall be substituted.

Rule - 42. Amendment of rule 51

In the said rules, in rule 51,-

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

"(5) Where the highest bid in an auction sale is complete in all respects and is equal to or exceeds the minimum grade-wise price specified in Schedule-III, the District Task Force (mines) Committee (hereinafter called as bid confirming authority) shall accept the bid and shall issue confirmation or acceptance order."

(ii)      for sub-rule (7), the following shall be substituted, namely:-

"(7) Immediately on the acceptance and confirmation of the bid, the bidder shall remit the entire bid amount and obtain a receipt. It shall thereafter be the responsibility of the bidder to arrange for protection and transport of the auctioned mineral. The bidder shall transport the mineral from the auction site within the time prescribed in the tender document:

Provided that, the successful bidder fails to transport the minor mineral within the prescribed period in the tender document, the concerned jurisdictional Deputy Director/Senior Geologist may condone the delay for the reasons to be recorded in writing and shall allowed to transport the auctioned minor mineral as deemed fit."

Rule - 43. Amendment of rule 53

In the said rules, in rule 53,-

(i)       in sub-rule (1), for the word "sixty", the word "ninety" shall be substituted;

(ii)      in sub-rule (2), for the word "sixty", the word "ninety" shall be substituted;

Rule - 44. Omission of rule 60

In the said rules, rule 60 shall be omitted.

Rule - 45. Substitution of Schedule-I

In the said rules, for schedule-I and the entries relating thereunder, the following shall be substituted, namely:-

 

"SCHEDULE-I

(See sub-rule (1) of rule 36)

Dead Rent

 

Rule - 46. Amendment of Schedule-II

In the said rules, in the schedule-II, after serial no. 10 and the entries relating thereto, the following shall be inserted, namely:-

Rule - 47. Substitution of Schedule II-A

In the said rules, for schedule II-A and the entries relating thereunder, the following shall be substituted, namely:-

 

"SCHEDULE II-A

(See rule 15-A)

Minimum area for grant of quarry lease

Rule - 48. Substitution of Schedule III

In the said rules, for schedule III and the entries relating thereunder, the following shall be substituted, namely:-

 

"SCHEDULE – III

(see sub-rule (2) of rule 47)

Minimum rate per unit volume or weight of Minor Minerals

Rule - 49. Omission of Schedule-IV

In the said rules, the schedule-IV shall be omitted.

Rule - 50. Insertion of new Forms

In the said rules, after Form-R and entries relating thereunder, the following new forms shall be inserted, namely:-

 

"FORM -RMM

(see sub-rule (2) of rule 15-B)

Application for Registration / Renewal of Mineral (Minor) Based Industry

 

To:

The Deputy Director/Senior Geologist,

Department of Mines and Geology,

....................District.

Sir,

(1)     I/we request you to kindly register my Mineral (Minor) Based Industry under Rule 15-B(2) of the Karnataka Minor Mineral Concession Rule 1994 , for the purpose of using Minor minerals in my/our industry.

(2)     A sum of Rs.10,000/- being the fee for registration payable under sub-rule (2) of Rule 15-B of the said Rules have been deposited vide Challan No.................... dated.................... of the Bank /Treasury.

(3)     The required particulars are given below:

(i)       Name of the Applicant/Industry;

(ii)      Locality/Address of the Industry;

(iii)     Is the Industry owned by a private individual/co-operation/private company/public company /public sector undertaking / joint sector undertaking or any other (Please specify).

(iv)    Nature of Industry:

(v)      Name of the mineral/minerals likely to be used.

(vi)    Nature of finished product.

(4)     Period for which registration is required;

(5)     In case of renewal, the No. and date of original registration.

(6)     Following documents are enclosed:

A copy of the letter issued from the Industry Department, KSPCB Clearance, concerned Tax registration certificate, Income Tax Clearance Certificate, Affidavit, etc.

I/we do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details as may be required by you.

Place: Your Faithfully,

Date:

(Signature of the applicant)

 

FORM -LMI

(see sub-rule (3) and (4) of rule 15-B)

REGISTRATION CERTIFICATE

 

This is to certify that following Minor Mineral Based Industry has been registered in the Department of Mines and Geology.

Registration No. DMG/

Name: Sri/Smt./M/s.:

Industrial Unit Address:

GPS Co-ordinates of Industrial Unit:

GST Registration No:

PAN card No:

CIN No:

IEC Code No:

This Certificate has been issued under sub-rule (3) and (4) of rule-15-B of the Karnataka Minor Mineral Concession Rules, 1994, This certificate is valid up to ------------------------------------------------.

The Deputy Director/Senior Geologist,

Department of Mines and Geology,

....................District.

Date:

Place:

 

FORM – MYR

(see sub-rule (6) of rule 15-B)

Yearly returns by minerals based industry

Name of the Industry:

Registration No.

Location/Address:

Minor Mineral Used:

Mineral Used:

 

Note:-Monthly returns shall be filed separately for each mineral.

 

FORM -AAM

(see sub-rule (11) of rule 15-B)

Notice for Annual Auditing of Mineral Based Industry

Name and Address of the Industry

Registration No. and year.

Accounts of minor minerals used in your industry and stock will be audited by the undersigned on ---- you are here by directed to produce the following documents for annual auditing and verification.-

(a)      Books of accounts of minor mineral used.

(b)      Ledgers

(c)      Copies of permits for having procured minor minerals from various source.

(d)      Details of monthly consumption of minerals.

(e)      Sale not for having sold the finished products.

(f)       Labour register

(g)      Monthly returns copies

(h)     Audited balance sheets.

Place:

Date: Authorised Officer"

Rule - 51.

[***]

Rule - 52. Substitution of Form AQL :-

In the said rules, for Form AQL and the entries relating thereto, the following shall be substituted, namely:-

 

"FORM-AQL

(See rules 3B, 3D, 3E, 3F,8-B 9, 9C, 31C, 31U, 31-U,31-Z, 31-ZC and 32)

Application for Grant of Quarry Lease/Quarrying License/ Composite License

for_______________________________ (Name of the Minor Mineral).

(To be submitted in duplicate with sketches in triplicate) Received at _______________________(Place), on ________________ (date) and entered in the Register (FORM-QLA/RAQP), Vol-No._____________ at serial No._______________ on Page No.___________________.

Signature and

Designation of receiving Officer.

APPLICANT

PHOTO

FROM:

__________________

__________________

__________________

__________________

TO:

The Commissioner or Director

Dept. of Mines and Geology,

Bangalore/Deputy Director or Senior Geologist,

------------------------------ District.

Sir,

I/We submit an application for grant of Quarry Lease/Quarrying License/Composite License for quarrying (Minor Mineral) for a period of ( ) years over an extent of acres/guntas/cents of land in the area specified in this application.

A total sum of rupees /- being the Security Deposit calculated at rupees /- per acre and rupees /- being the application fee has been paid to Government vide Treasury Challan& Date for rupees /- and rupees /-respectively.

The required particulars are given below:

 

(to be supported by)

 

 

 

 

 

DECLARATION

I/We hereby declare that:-

(a)      The particulars submitted/uploaded are factual and correct and we are agreeable to furnish any other information/details, plans sketches etc. as may be required by Competent Authority,

(b)      I/We agree and declare that I/we are fully familiar with the terms and conditions of the tender cum auction process as notified by Government / District Sand Committee ...................... District and agree to abide by the terms and conditions issued by Government / District Sand Committee......................District.

(c)      Delete whichever is not applicable.

Date: [Signature of the Applicant/ Bidder]

Place: [Name with Full address]"

Rule - 53. Substitution of Form A

In the said rules, for Form A and the entries relating thereto, the following shall be substituted, namely:-

 

"FORM-A

(See rules 3B, 3D, 3E, 3F,8-B 9, 9C, 31C, 31U, 31-U,31-Z, 31-ZC and 32)

ACKNOWLEDGEMENT FOR RECEIPT OF APPLICATION FOR GRANT OF QUARRY LEASE/QUARRYING LICENSE/COMPOSITE LICENSE

 

Received one application for ...................... (name the minor mineral) in Sy.No...................... Extent ...................... (Revenue land/Forest land/Patta land in...................... Village, of ...................... Taluk of...................... District from Sri/M/s...................... on (date)......................

Enclosures are as follows:

(1)

(2)

(3)

(4)

(5)

Place:

Date:

Signature of the

Competent Authority

To............................................

............................................

............................................

............................................

Rule - 54. Substitution of Form E

In the said rules, for Form E and the entries relating thereto, the following shall be substituted, namely:-

 

"GOVERNMENT OF KARNATAKA

FORM-E

[See sub-rule (1) of rule18]

QUARRYING LEASE/LICENCE

(Specified/Non-specified Minor Mineral)

The INDENTURE made this ......................day of ......................20 .

BETWEEN THE GOVERNOR OF KARNATAKA, (Hereinafter referred to as the "State Government" which expression shall, where the context so admits be deemed to include his successors in office and assigns) of the one part and when the lessee/licensee is an individual.

(1)     When the lessee/licence is an individual:

(Name of person).................................................................. of (Address and occupation) .................................................................. (hereinafter referred to as "the lessee/licensee" which expression shall, where the context so admits, be deemed to include his heirs, executors, administrators, representative and permitted assigns).

(2)     When the lessees / licensees are more than one individual,-

(1)     (Name of person) .................................................................. of (Address and occupation) .................................................................. and (Name of person)............................................ of (address and occupation)...................... of address and occupation ...................... and

(2)     (Name of person) ............................................ (hereinafter referred to as "the lessee/licensee" which expression shall, where the context so admits, be deemed to include their respective heirs, executors, administrators, representatives and other permitted assigns).

(3)     When the lessee/licensee is a registered firm:

Name of registered firm............................................ and Name of person/ firm ...................... of (address) ............................................ and (Name of person) ............................................ of (address) ...................... all carrying on business in partnership at (address of the firm or syndicate) ............................................ registered under (Act which registered) ...................... (hereinafter referred to as "the lessee/licensee" which expression shall, when the context so admits, be deemed to include all the partners of the said firm their representatives, heirs, executors, administrators and permitted assigns).

(4)     The lessee / licence is a registered company:

Name of registered Company...................... ...................... a company registered under (Act under which incorporated) ...................... ...................... and having its registered office at (address) ...................... ...................... (hereinafter referred to as "The lessee/licensee" which expression shall, where the context so admits, be deemed to include ,its successors and permitted assigns). (4) of the other part.

WHEREAS "the lessee/licensee has/have applied to the Competent Authority concerned in accordance with the Karnataka Minor Mineral Concession Rules 1994, (hereinafter referred to as the said rules) for a quarrying lease/quarrying licence for ...................... ...................... in respect of the lands described in PART I of the Schedule here under written and has/have deposited with the State Government the sum of rupees ...................... ...................... as security;

AND WHEREAS the Competent Authority, Dept. of Mines and Geology has communicated his approval to the grant of this lease/licence.

Whereas the lessee has offered the highest bid of rupees. ...................... (in words Rupees ...................... ) in the bid/auction held on ...................... for obtaining a quarry lease for ...................... (name of minor minerals) and such bid had been accepted by the officer authorized in this behalf and the lessee has deposited with the Government, a sum of rupees...................... (in words rupees ...................... ) as performance guarantee (...................... % of the annual bid amount for the annual consented quantity fixed in Environment Clearance) and Shri/Smt/M/s...................... resident of ...................... Taluk, ...................... District ...................... (referred to as the surety which expression shall where the context so admits, include his heirs, executors, administrators, representatives) has been offered as solvent surety for the aforesaid amount and whereas the lessee is in possession of a Income Tax Clearance Certificate.

NOW THIS LEASE WITNESSETH that in consideration of the rents and royalties, covenants and agreements by and in these presents and the schedule hereunder written reserved and contained and on the part of" the lease/licence" to be paid observed and performed, the State Government hereby grants and demises up to" the lessee/licensee" comes all those the quarries/mines/strata/veins/streams and beds of ...................... (here state the minerals) hereinafter and in the scheduled refers to as the said minerals situated, lying and being in or under the lands which are referred to in Part I of the said schedule, together with the liberties, powers and privileges to be exercised or (enjoyed in connection herewith which are mentioned in PART II of the schedule subject to restrictions and conditions as to the exercise and enjoyment of such liberties, powers and privileges which are mentioned in PART III of the said schedule EXCEPT and reserving out are the demise up to the State Government the liberties, powers and privileges mentioned in PART IV of the said Schedule TO HOLD the premises hereby granted and demised up to "the lessees/licensees from the ...................... day of ...................... 20 ...................... for the term of ...................... years hence next ensure YIELDING AND PAYING of up to the State Government the several rents and royalties mentioned in PART V of the said Schedule at the respective times herein specified subject to the provisions contained in PART VI of the Schedule and the lessee/lessees/Licensee/Licensees hereby/covenant/covenants with the State Government as in PART VII of the said Schedule expressed and the State Government hereby covenants with the lessee/lessees in PART VIII of the Schedule is expressed AND it is hereby mutually agreed between the parties hereto as in PART IX of the said Schedule is expressed.

IN WITNESS WHEREOF these presents have been executed in manner hereunder appearing the day and year first above written.

The Schedule above referred to

 

PART I

THE AREA OF THIS LEASE/LICENCE

LOCATION AND AREA OF THE LEASE/LICENCE

All that tract of lands situated...................... ...................... (village/town) description of area or areas) ...................... in (Mahal/Taluk) in...................... the Registration District ...................... Sub-district...................... and District...................... bearing S.Nos/F.S.Nos/Forest Coup Nos) ...................... containing an area of...................... there about delineated in plan hereto annexed and there on coloured...................... and bounded as follows:

On the North by

On the South by

On the East by and

On the West of

hereinafter referred to the said lands

 

PART II

LIBERTIES, POWERS AND PRIVILEGES TO BE EXERCISED AND ENJOYED

BY

THE LESSEES/LICENSEES SUBJECT TO THE RESTRICTIONS AND CONDITIONS IN PART III

 

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

(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, water ways and other works.

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

(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, roads and other ways in or over the and said lands and to use, maintain and go and repass with or without horses, cattle, wagons, locomotives or other vehicles over the same (or any existing tramways, railways road and other ways in or over the said lands) on such conditions may be agreed to.

(5)     To get building and road materials etc.,

Liberty and powers for or in connections with any of the purposes mentioned in this part to quarry and get, ordinary building stone and gravel and other building and road materials (except that of specified minor minerals) and ordinary clay and to use and employ the same and to manufacture such ordinary clay into bricks or tiles and to use such bricks or tiles but not to sell any such material, bricks or tiles on payment of royalties prescribed in the said rules.

(Bracketed portion to be deleted in cases the lease/licence is for specified minor mineral)

(6)     To use waters from streams etc.,

Liberty and power for or in connection with any of the purposes mentioned in this part but subject to the rights of any existing or future lessee/ licensee and with the written permission ....................(any officer authorised by the State Government in that behalf) to appropriate use of water from any streams, watercourses, springs or other sources in or upon the said lands and divert, 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, drains or reservoirs but not as to deprive any cultivated lands, villages, buildings, or watering places for livestock of a reasonable supply or water as before accustomed nor in any way to foul or pollute any stream or springs. Provided that the lessee/licensee shall not interfere with the navigation in any navigable stream nor shall divert such stream without the previous written permission of the State Government.

(7)     To use and for stacking, heaping or depositing purposes.

Liberty and power to enter upon and use a sufficient part of surface of said lands for the purpose of stocking, heaping, thereon any produce of the mines, quarries or works carried on and any equipment, earth and materials and substances dug or raised under the liberties and powers mentioned in this part.

(8)     Beneficiation and carrying away.

Liberty and power to enter upon and use a sufficient part of the said land to beneficiate, process, dress, convert the said minerals, produced from the said lands and to carry away such beneficiated/processed, dressed, converted mineral/minerals.

(9)     To clear brush-wood and to fell and utilise trees, etc.,

Liberty and power for or in connection with any of the purpose mentioned in this part to fell and use any timber or trees or brush wood now standing or which hereafter may be standing upon the reserved forest land, included within the said lands, provided that not more than............................... square metres or such reserved forest land shall be cleared in any one year nor the same place of tender than once in every year and, provided that, the previous permission in writing from the Forest Department under Forest Department is obtained which permission shall be granted by the Forest Department from time to time for an area, not exceeding ........................ acres at a time on written application of the lessees/licensees to the effect that the lessees/licensees requires/require the additional area for bonafide and immediate extension of quarrying operation under this lease/licence and provided also that the exercise of the liberty and power expressed in this clause shall be subject to the observance of the terms and condition contained in the other part of this schedule.

(10)   Special conditions for river bed mining:

In case of river bed mining, in order to ensure safety of river-beds, structure and the adjoining areas, the following special conditions shall be abide by the lease holder:-

(a)      No mining would be permissible in a river-bed up to distance of five times of the span of a bridge on up-stream side and ten times the span of such bridge on down-stream side, subject to a minimum of 250 meters on the up-stream and 500 meters on the downstream side.

(b)      There shall be maintained an un-mind block of 50 meters width after every block of 1000 meters over which mining, is undertaken or at such distance as may be directed by the competent authority:

(c)      The maximum depth of mining in the river-bed shall not exceed three meters measured from the un-mind bed level at any point in time with proper bench formation:

(d)      Mining shall be restricted within the central 3/4th width of the river/rivulet.

(e)      No mining shall be permissible in an area upto a width specified by the competent authority from the active edge of embankments:

(f)       Any other condition(S), as may be required by the competent authority in public interest.

 

PART III

RESTRICTIONS AND CONDITIONS ASTO THE EXERCISE OF THE LIBERTIES, POWERS AND PRIVILEGES IN PART II.

(1)     No building etc. upon certain places.

No building or thing shall be erected, set up, 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 nor in such manner as to injure or prejudicially affect any building, work, property or rights of other persons and no land shall be used for surface operations which is already occupied by persons other than the Government for works or purposes not included in this lease/licence. They shall not also interfere with any right of way, well or tank.

(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/ licensee shall give to the Competent Authority, sixty days previous notice in writing specifying the name or other designation 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 Competent Authority within one month after the receipt by him of such notice unless the objections so stated shall on reference to the State Government be annulled or waived.

(3)     To cut trees in unreserved lands.

(a)      The lessee/licensee shall not cut or injure any tree in the leased/licensed areas without the previous sanction in writing of the Competent Authority.

(b)      Notwithstanding anything contained in sub-clause (a) the lessee/licensee shall not cut or injure any tree in leased/licensed area falling within reserved/protected forest without the previous permission in writing from the Forest Department or the Officer authorised by the Forest Department in this behalf.

(4)     Permission for surface operations in a land not already in use.

Save as Provided in clause 9 PART II of this Schedule, the lessees/licensees shall not without the previous sanction from the Forest Department cut down or injure any timber or trees on the said lands but, may, without such sanction clear away any brush-wood or under-growth which interferes with any operations authorised by these presents and notwithstanding anything contained in this schedule shall not enter upon any reserved forest included in the said lands without seven days previous notice in writing to the Forest Department or the officer authorised by the Forest Department.

(5)     No mining operations within 50 meters of public works etc.,

The lessee/licensee shall not work or carry on or allow to be worked or carried on any quarrying operations at or to any point within a distance of 50 meters if no blasting is involved from the boundary of any railway line except with the previous written permission of the Railway Administration concerned or from the boundaries of reservoir, canal, high tension electric line or other public works or buildings or inhabited site except with the previous permission of Government or any other officer authorised by the Government in this behalf and otherwise than in accordance with such instructions, restrictions and conditions and either general or special which may be attached to such permission. The said distances of 50 meters or 200 meters shall be measured in the case of railway, reservoir or canal horizontally from the outer toe of the bank of the outer edge of the cutting as the case may be and of building horizontally from the plinth thereof.

(6)     No mining operations without requisite clearance:

The Lessee or Licence shall not undertake any quarrying operations in the area granted quarrying lease/licence without obtaining approved quarrying plan and Environmental Clearance from the concerned authority as required for undertaking quarrying operations.

(7)     Facilities for adjoining Government licenses and leases.

The lessee/licensee shall allow existing and future holders of Government licenses or leases over any land which is comprised in or adjoins or is reached by the land held by the land held by the lessee/licensee reasonable facilities of access thereto.

Provided that no substantial hindrance or interference shall be caused by such holder of licenses or leases to the operations of the lessee/licensee under these presents and the lessee/licensee shall be entitled to compensation as may be mutually agreed upon between the lessee/licensee and such holders and in the event of disagreement such fair compensation may be determined by the Competent Authority or any other officer authorised by the State Government in respect of all loss or damage sustained by the lessee/licensee by reason of or the exercise of this liberty.

If the said lands or part thereof are forest lands, the lessees/licensees shall take all steps to ease the slopes and restore top soil in lands worked out, exploited or mined and it shall be open to the Government to afforest such lands even during existence of the lease.

(8)     Protection of environment:- Every holder of a quarrying Lease/Licence or a lease shall take all possible precautions for the protection of environment and control of pollution while conducting quarrying, mining or processing minor mineral in the area for which such license lease is granted.

(9)     Removal and utilization of top soil:-

(1)     Where top soil exists and is to be excavated for quarrying operations for minor mineral, it should be removed separately.

(2)     The top soil so removed shall be utilized for restoration and rehabilitation of the land which is no longer required for quarrying operations or for stabilizing or landscaping the external dump.

(3)     Where top soil cannot be used concurrently, it shall be stored separately for future use, keeping in view that the bacterial organism should not die and should be spread nearby area.

(10)   Storage of overburden, waste rock etc:-

(1)     The overburden, waste rock and non-saleable minor mineral generated during quarrying operations for minor mineral shall be stored separately in properly formed dumps on grounds earmarked.

(2)     Such dumps shall be properly secured to prevent the escape of material in harmful quantities which may cause degradation of the surrounding land or silting of water course.

(3)     Wherever possible, such waste rock or overburden or other rejects, shall be backfilled into the worked out minor mineral quarry, where minor mineral has bee recovered up-to the optimum depth, with a view to restore the land to its original use or desired alternate use, as for as possible and where the backfilling is not feasible, the waste dumps shall be suitably terraced and stabilized by planting vegetation or otherwise.

(1)     (i) Reclamation and Rehabilitation of lands:-Every holder 0f Quarrying lease/ licence shall undertake the phased restoration, reclamation and rehabilitation of land affected by quarrying or mining operation and shall complete this work before the completion of such operations and abandonment of quarrying.

(ii) Restoration, Reclamation and Rehabilitation in a cluster:-Where large number of small mines are situated and worked out in clusters, at such places the provisions of quarrying of minor minerals should be done in a systematic and scientific manner. The programme of restoration and reclamation of the mined out area and rehabilitation mush be made jointly in phased manner in the abandoned areas in the entire cluster of the minor minerals. Environmental clearance may be obtained by corporate body or the concept of Regional Environmental Assessment (REA) and Regional Environmental Management Plan REMP) prepared accordingly.

(2)     Precaution against air pollution:-Air pollution due to dust, exhaust emissions or fumes during prospecting, mining or processing operations for minor minerals and related activities shall be controlled and kept within permissible limits specified under any environmental laws for the time being in force.

(3)     Discharge of effluents:- Every holder of a prospecting license or a lease shall take all possible precautions to prevent or reduce to a minimum the discharge to toxic and objectionable liquid effluents from minor mineral quarry, workshop or processing plant into surface of ground water bodies and usable lands. These effluents shall conform to the standards laid down in this regard.

(4)     Precaution against noise:-Noise arising out of quarrying, mining and processing operations for minor mineral shall be abated or controlled by the holder of quarrying lease/license or a lessee at the source so as to keep it within the permissible limits.

(5)     Permissible limits and standards:-The standards and permissible limits of all pollutants, toxins and noise referred to in Rule-48, 49 and 50 above shall be those notified by the concerned authorities under the provisions of the relevant status from time to time.

(6)     Restoration of Flora: - (1) Every holder quarrying lease/license shall carry out quarrying or mining operations as the case may be, in such a manner so as to cause least damage to the flora of the area held under quarrying lease/license in the nearby area.

(i)       Take immediate measures for planting in the same area or any other area selected by concerned authority or Regional Office of MOEF or the authorized officer not less than twice the number of trees destroyed by reason of any quarrying operation.

(ii)      Look after them during the subsistence of the license or lessee after which these trees shall be handed over to the state Forest Department or any other authority as may be nominated by the State Government.

(iii)     Restore, to extent possible, other flora destroyed by quarrying lease/license.

(7)     Details regarding water management:-

(a)      Accumulated non-potable rain water shall be dewatered and diverted to nearby pond/aquifer/river/nallah, catchment area by providing suitable pipeline or drains or link canals or water harvestings, as the case may be without harming the environment.

(b)      if quarry depth intercepts the ground water table, necessary consultation be made with central groundwater board/State groundwater Department and implement such of the suggested remedial measures thereof.

(8)     Periodical examination of air, water and noise pollution after sanction.- Periodical examination of air, Periodical examination of air, water and noise pollution after sanction of quarry lease/licence/working permission shall be monitored by the concerned Regional Officer of the State Pollution Control Board and results shall be intimated to concerned Regional Environment Management Committee at least once in six months.

(9)     Duties and Obligations of lessee/licensee/permission holder.-

(a)      The quarry works shall be provided with safety equipments.

(b)      The quarry workers shall be provided with blasting shelters, along with sirens if necessary, flags, rest shelters and with a drinking water.

(c)      Regular health checkup camps for the workers engaged in quarry shall be organised and maintain First Aid Kit at the quarry site. (d) Occupational health surveillance program of the workers shall be undertaken periodically to observe any contractions due to exposure to dust take corrective measures, if needed.

(d)      No bonded and child labours shall be engaged in quarry workings.

(e)      Exhibit social responsibility towards local needs.

 

PART IV

LIBERTIES, POWERS AND PRIVILEGES RESERVED TO THE STATE GOVERNMENT

 

(1)     To work other minerals.

Liberty and power for the State Government or any lessee/licensee 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 any 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, drains, reservoirs, engines, machinery, plant buildings, canals, tramways, railways and other work and conveniences as may be deemed necessary or convenient Provided that in the exercise of such liberty and power no substantial hindrance or interference shall be caused to with the liberties powers and privileges of the lessee/licensee under these presents and that the lessee/licensee shall be entitled to such fair compensation as may be mutually agree upon or in the event or disagreement as may be determined by the Competent Authority appointed by the State Government in respect of all loss or damage sustained by the lessee/licensee by reason or in consequences, of the exercise of such liberty and power.

(2)     To make railways and roads.

Liberty and power to the State Government or Central Government to construct any road, railway or canal reservoir or to carry electric or telephone lines in or over the lands under the lease/licence is reserved. Provided that before such liberty or power is exercised a notice of not less than thirty days shall be given to the lessee/licensee and the area utilised by the Government for any of the aforesaid purpose shall be excluded from the area under the lease/licence and lessee/licensee will not be entitled to claim any compensation for such exclusion.

(3)     Liberty and power to the State Government to determine, at any time by giving to the lessee/licensee a notice in writing the lease/licence if the area for which the lease/licence has been granted or any part thereof is required by the State Government for any public purpose and a declaration under the signature of the Director that the area, or as the case may be, the part of the area is so required shall, as between the lessee/licensee and the Government, be conclusive. On the determination of the lease/licence under this power the area under the lease/licence shall be resumed by the Government and the lessee/licensee shall be paid such compensation as may be determined by an officer appointed by the Government for the purpose and in assessing the amount of compensation, the officer so appointed shall be guided by the principles laid down in the Right to Fair Compensation and Transparency In Land Acquisition, Rehabilitation and Resettlement Act, 2013, for such assessment.

(4)     Termination of the Lease/Licence:-

The competent authority shall have the right to suspend or prematurely terminate the Lease/Licence,-

(a)      If the royalty or surface rent or any other amount due to the Government are not paid;

(b)      If any of the terms and conditions of the permit agreement or conditions of grant or permission to undertake mining by any other statutory authority/competent authority is violated; and

(c)      If any of the provisions of these rules and other laws both Central and State as are applicable to mines and minerals, are not complied with:

Provided that, no orders of suspension or termination of the permit shall be passed by the competent authority without giving reasonable opportunity to show cause and following the procedure prescribed in the rules.

Provided further that, in case of default in payment of Government dues such as permit money, royalty, dead rent or any other dues payable under these presents, the permit may be terminated by the competent authority without affording hearing to the permit after serving upon a notice to make good the payment within thirty days: Provided further that the competent authority may also at any time after issuance of the notice for default on account of nonpayment of dues, enter upon the said premises and detrain all or any of the mineral or movable property therein and may carry away, detain or order the sale of the property so detrained, or so much of it as will suffice for the satisfaction of the permit money or rent or royalty or both dues and all costs and expenses occasioned by the non-payment thereof.

(5)     Suspension of Mining operations:

The competent authority may order to suspend the quarrying operations after serving a notice to the lessee/ licencee, in case, the following violations are noticed.-

(a)      Unsafe and unscientific mining; or

(b)      Non providing of safety appliances to the workers; or

(c)      Nonpayment of compensation to the surface owners; or

(d)      Non submissions of monthly returns.

In case of violations of the aforesaid conditions and also any other terms and conditions of the agreement deed and the provisions of the rules, the competent authority may give a notice to the Lease/Licence holder to remedy the violations within a period of fifteen days from the date of issue of the notice. In case the violations pointed out through authority may after affording an opportunity of being heard to the Permit holder, order the suspension of the mining operations till such time, the defaults/ defects are removed by the Lease/Licence holder within the time frame granted by the competent authority. During the period of suspension of mining operations, the Lease/Licence holder will be allowed only to undertake rectification work for removal of the defects and shall not dispose off the mineral: During the suspension period, the Lease/Licence holder shall be under the obligation to deposit the amount of the Govt. dues on the dues dates. On satisfactory removal of the defects, the competent authority may revoke the suspension orders with or without any modification. Non removal of the defects or defaults during the suspension period and within the time allowed by the competent authority, shall lead to premature termination of Lease/Licence.

 

PART V

RENT AND ROYALTIES RESERVED BY THIS LEASE

 

(1)     Rate of mode of payment of Dead Rent.

As from the day of .....................20, during the subsistence of lease/licence, the lessee/licensee shall pay the dead rent in advance at Rs..................... per Acre per annum as per Schedule 1 in accordance with Rules.

(2)     Rate of mode of payment of royalty.

The lessee/licensee shall, pay royalty in advance to Government in respect of minor minerals removed or consumed by him or his agent, manager, employee, contractor or buyer at the rates prescribed in Schedule in accordance with the Rules.

(3)     Mineral Despatch Permits.- The lessee/licensee or his agents, managers, employees, contractors or buyers/consumers shall not move the mineral quarried without obtaining valid Mineral Despatch Permit (in short PERMIT) issued by the Competent Authority under these rules.

(4)     Penalty.- Any lessee/licensee or his agents, managers, employees, contractors, consumers or buyers contravening the above clause and transport mineral without valid PERMIT, such persons shall be punishable as per the provisions of rules 43, 43-A and 44(3), 44(3-A), 44 (4) of these rules.

 

PART VI

PROVISIONS RELATING TO THE RENTS AND ROYALTIES

 

(1)     Rent and royalties to be free from deduction etc,.- The rents and royalties in PART V of this Schedule shall be paid free from any deductions to the State Government at District -Sub Treasury at ..................... and in such manner as the Competent Authority may prescribe.

(2)     Mode of computation of royalty.- For the purpose of computing the said royalties the lessee/licensee shall keep a correct account of the mineral/ minerals actually produced from the quarries/mines, lands and despatched from the quarry and maintained stock, in the form prescribed by Government/Competent Authority. The lessee/licensee shall also keep a correct account of the number of persons employed therein and shall also maintained a complete set of plans and cross sections of the quarry and furnish to the Competent Authority concerned such information, reports and returns as required from time to time under these Rules together with representative samples of minerals and processed materials from the same obtained during the operations. The accounts as well as quantity (in volume or in weight as the case may be) of the mineral/minerals in stock or in the process of dispatch from the quarry may be checked by any officer authorised by the State Government and or by the Competent Authority.

(3)     Course of action if rents and royalties are not paid in time.-

(a)      Should the royalty and/or rent reserved and made payable by the lessee/licensee is not paid within thirty days after the date fixed in lease/licence for the payment of the same, State Government may enter upon the premises and restrain all or any of the mineral or beneficiated /processed or movable property there and may order the sale of the property to restrained or so much of it as will suffice of the satisfaction of the rent and royalties due, and all cost and expenses occasioned by the non-payment thereof.

(b)      If the lessee or licence makes any default in the payment of royalty or dead rend payable under rule 36, the competent authority shall give notice to such lessee or licences, requiring him to pay the royalty or dead rent within sixty days from the date of receipt to the notice, failing which the competent authority may, without prejudice to any other action that may be taken against lessee or licence the lease of licence or forfeit the whole or part of the Security Deposit.

(c)      Any rent, royalty, additional payment, tax, fees, penalty or other sums due to Government under said Rules of under this lease/licence shall be recovered as arrears of land revenue on the basis of certificate issued by the Competent Authority as under these rules and concerned Act.

(4)     Stocks lying at the end of the quarry lease/licence.- The quarry lease/licence holder on expiry of the quarry lease/licence period (successful completion of the quarry lease/licence) shall remove already extracted all of the mineral from the premises of the quarry within a period of six months. In case any quantity of the already extracted mineral, in the said land is left undisposed off and is not removed within six months from the date of expiry of the period of quarry lease/licence the same shall be deemed to be the property of the Government who may dispose it off in any manner it may like without pay anything thereof to the quarry lease/licence holder.

 

PART VII

THE COVENANTS OF THE LESSEES/LICENSEES

 

(1)     Lessees to pay Dead rent, royalties and additional payment

(1)     The lessee/licensee shall pay Dead rent, royalties and additional payment reserved by this lease/licence at such times and in the manner provided in PARTV and VI of these presents and also may and discharge all taxes, cesses, 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 State Government upon or in respect of the premises and works of the lessee/lessee in common with other premises and works of alike nature except demands for land revenues.

Where the quarrying lease is granted by competitive bid/auction under Chapter-IV-A of KMMCR-94:- the highest bid received in the auction at the rate of ..................... per annum shall become the annual dead rent amount payable by the lessee. The rate of annual dead rent initially determined on the basis of competitive bids/auctions shall be increased @ ¦.% on completion of each block of three years:

Provided that, if the lease permits the working of more than on minor mineral in the same area, the Government may charge separate dead rent in respect of each minor mineral.

Provided further that, the mining one minor mineral does not involve the working of another minor mineral.

Provided also that, the lessee shall be liable to pay the dead rent or royalty in respect of each mineral, whichever be higher but not both.

Provided also that, lessee shall deposit the dead rent at the rates as revised and notified from time to time by the State Government.

(2)     Amount to be deposited on account of District Mineral Foundation Trust Fund.- Where the lessee/licensee shall also deposit/pay an additional to Royalty an amount as prescribed in 36-A of these rules, towards the District Mineral Foundation Trust Fund.

(3)     To maintain and keep boundary marks in good order.- The lessee/licensee shall at his own expenses erect and at all times maintain and keep in repairs boundary marks and pillars according to the demarcation to be shown in the plan annexed to this lease/licence. Each of the pillars should be numbered and every pillar shall have Differential Global Positioning System (DGPS)/GPS readings. Such marks order and pillars shall be sufficiently clear of the shrubs and other obstructions as to allow easy identifications.

(4)     To commence operations within a year and work in a workman like manner.- Unless the Competent Authority for good cause permits otherwise the lessee/licensee shall commence operation within a year from the date of execution of the lease/licence and shall thereafter at all times during the continuance of this lease /licence search for, win, work and develop the said minerals without voluntary intermission in proper skilful and workmanlike manner without doing or permitting to be done any unnecessary or avoidable damage the surface of the said lands or the crops, buildings or other property thereon. The lessee/licensee shall prevent waste by removal of overburden, careful storage of waste, drainage and removal of valuable minerals. For the purpose of this clause quarrying operations shall include the erection of machinery, laying of a tramway or construction of a road in connection with the quarry. The lessee/licensee shall not dump the overburden or waste rock or mineral on the workable deposit. If lessee/licensee does not find suitable place to dump the waste material generated from the quarry within the leased/licensed area he may dump in nearly Government land obtaining prior approval from Competent Authority in writing.

(5)     To indemnify Government against all claims.- The lessee/licensee shall make and pay such reasonable 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 in exercise of the powers granted by this lease/licence and shall indemnify and keep indemnified fully and completely State Government against all claims which may be made by any person or persons in respect of any such damage, injury or disturbance and all costs and expenses in connection therewith.

(6)     To secure and keep in good condition pits shafts etc.,- The lessee/licensee shall during the subsistence of this lease/licence well and sufficiently secure and keep open with timber or other durable means all pits shafts and make and maintain sufficient fences to the satisfaction of the State Government round every such pit, shaft or working in the said lands, except such as may be abandoned accessible free from water and foul air as far as possible. The lessee/licensee shall also take adequate steps to ensure that:

(a)      heights and widths of trenches in open quarries are properly maintained to facilitate easy removal of the mineral and the muck;

(b)      The working faces are always kept clean;

(c)      The mineral and or beneficiated, processed dressed products there from won are stacked in suitable dimensions and each such stock is numbered or marked in a manner prescribed by the Competent Authority; and

(d)      The proper sanitation of the area leased/licensed to him maintained.

(7)     To strengthen and support the quarry to necessary extent.-

(1)     The lessee/licensee shall strengthen and support to the satisfaction of the Railway administration concerned or the State Government or any other Competent Authority controlling the provisions or any law for the time being in force relating to the working of quarries and matters affecting safety, health and labour matter as the case may be any part of the quarry which in its opinion requires such strengthening or support for the safety of any railway, reservoirs, canal, road high tension electric line and other public works or structures.

(2)     The lessee/licensee shall submit from time to time or when required, progress reports to the Director of Mines and Geology, along with analysis and representative samples of the minerals collected during the quarrying operations as also the periodical returns prescribed in the said Rules or in the manner prescribed by him from time to time.

(3)     The lessee/licensee shall submit to the Director of Mines and Geology, the Competent Authority and any other officer as may be specified by the Director of Mines and Geology in this behalf, quarterly returns in FORM-Q and annual returns in FORM-Y appended to the said Rules, for each financial year ending 31st March, before the 31st April of the succeeding year, and to allow inspection of working.

(8)     To allow inspection of working.- The lessee/licensee shall allow any officer authorized by the Central Government or the State Government or the Competent Authority or the Director of Mines and Geology under the said rules in that behalf to enter upon the premises including any building excavation or land comprised in the lease/license for the purpose of inspecting, examining, surveying and making plans thereof, sampling and collecting any data and the lessee/licensee shall with proper person employed by the lessee/licensee and acquainted with the mine/quarry and works effectively assist such officers, agents servants and workmen in conducting every such inspection and shall afford them all facilities, information connected with the working of the quarry which they may reasonably require. Such officer may issue such reasonable directions as he may deem fit to prevent wasteful extraction of minerals and it shall be the duty of the lessee/licensee, his/their agent/manager to carry out directions within such period as the officer may specify if the lessee/licensee, his agent or management fails to carry out such directions within the specified period, the Competent Authority may determine the lease/licence or may impose a penalty not exceeding twice the amount of the annual dead rent.

(9)     To report accidents.- The lessee/licensee shall report all accidents to the Director of Mines and Geology the District magistrate and the District Superintendent of Police concerned, in case 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/ licence, the lessee /licensee shall send a complete report without any delay of such an accident to the said officers.

(10)   To report discovery of other minerals.- Whenever the lessee/licensee shall find, in the said lands, any mineral other than the said mineral the lessee /licensee shall immediately report such discovery in writing to the Competent Authority with full particulars of the nature and position of each such find.

(11)   The lessee/licensee shall, at all times.- During the said term keep or cause to be kept, at an officer 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;-

(a)      Quantity and quality of the said mineral/minerals realised from the said lands;

(b)      Quantity of the various qualities of the said mineral/ minerals beneficiated, processed or converted,

(c)      Quantities of the various qualities of the said mineral/minerals sold at the quarry head or despatched to any mineral processing units, granite cutting and polishing units within the country and quantity exported and the manner and purpose of such sale and disposal;

(d)      Details of royalty paid and PERMITS obtained,

(e)      The prices and all other particulars of all sale of the said mineral/minerals;

(f)       The number of persons employed in the mines or work or upon the said lands specifying nationality, qualifications and pay of the technical personnel,

(g)      Such other facts, particulars and circumstances as the Competent Authority or the Director of Mines and Geology may from time to time require and shall also furnish of charge to such officers and at such times they may prescribe true and correct abstracts of all or any such books of accounts and shall at all reasonable times allow such officers or any other officers as the State Governments shall, in that behalf appoint, to enter in to and have free access to, for the purpose of examining and inspecting the said books of accounts and to make copies thereof and to make extracts there from.

(12)   To maintain plans etc.- The lessee/licensee shall at all times during the said term maintain at the quarry office correct, intelligible, up to-date and complete Contour and Geological plans and cross sections of the quarries in the said lands. They shall show all the operations, workings, and all the trenches, pits and drillings made by the lessee/licensee in the course of operations carried on by him/them under the lease/licence. The lessee/licensee shall update such quarry planes and section at the end of each year or any period specified from time to time and the lessee/licensee shall furnish free of charge such plans, sections and mineral specimens, to the Competent Authority whenever these required. Accurate records of all trenches, pits and drillings shall show:-

(a)      The sub-soil and strata through which they pass.

(b)      Any other minerals encountered.

(c)      Any other matter of interest and all data required by the State Government the Competent Authority from time to time.

(13)   To abide by the provisions of the laws in force in respect of labour welfare, safety measures, ecology and environment.-

(1)     The lessee/licensee shall be bound by the provisions of To abide by the provisions any laws for the time being in force of the laws in force in relating to ecology and environment, of the laws in force in the working of the quarries (Mines respect of labour welfare, and minerals) and matters affecting safety measures, ecology safety, health and convenience of and environment. The lessee/licensee employees or the public. The lessee/licensee shall abide by the conditions laid down in the payment of wages Act 1936 (Central Act IV of 1936), the Mines Act 1952(Central Act XXXV of 1952), the Metalliferous Mines Regulations, 1961 the Indian Explosives Act 1984 (Central Act of IV of 1884) and the Water and Air (prevention and control of pollution) Act 1974.

(2)     The lessee/licensee shall respect all existing rights of way, water and other basements and shall not carry on mining/quarrying or other operations under the said lease/licence in any way than as prescribed under the Rules.

(14)   Responsibility of sand lease/license holder.- Sand quarrying activity shall take place only in accordance with terms and conditions of the environmental clearance and the lease deed or licence under these rules and methods approved in the quarry plan, the lessee may stone the sand beyond 20 meter but within 200 meter or such distance from the river bank area as may be decided by the competent authority depending on the geographical condition from the river bank. The lessee shall make his own arrangements for same;

(15)   Notice for use of explosives, etc:- The lessee shall immediately give notice in writing to the following authorities, namely:-

(1)     The concerned Deputy Director General, Mines Safety;

(2)     The concerned District Magistrate;

(3)     The concerned Deputy Director/Senior Geologists; and

(4)     The Office-in-charge as soon as,-

(a)      The working in the mines extend below superjacent ground; or

(b)      The depth of any open cast excavation measured from its highest to the lowest point reaches six meters; or

(c)      The number of persons employed on any day is more than 50; or

(d)      Any explosives are used.

(16)   Government indemnified from paying compensation for in-jury to third parties.- The lessee/ licensee shall make and pay reasonable compensation for all damage, injury disturbance to person or property which may be caused by or on the part of lessee/licensee in exercise of the liberties and power granted by these presents and shall at all times have harmless and kept indemnified the State Government from and against all suits, claims and damages which may be brought or made by any person or persons in respect of any such damage, injury or disturbance.

(17)   Not to obstruct working of other minerals.- The lessee/licensee will exercise the liberties and powers hereby granted in such a matter as to offer no unnecessary or reasonable avoidable obstructions interruption to the development and working within the said lands of any minerals not included in this lease/licence and shall at all times afford to the Central and State Government and to the holder quarrying lease, of quarrying licence and prospecting licence or mining lease in respect of any such minerals or any minerals within any land adjacent to the said lands as the case may be reasonable means of access and safe and convenient passage upon and across the said lands to such minerals for the purpose of getting working, developing and quarrying away the same provided that the lessee/licensee shall have receive reasonable compensation for any damage or injury which he may sustain by reason or in consequence of the use of such passage by such lessee/licensee or holders of prospecting licences.

(18)   Lessee shall deposit any additional amount necessary equal to the security deposit.-

(1)     Whenever the security deposit as provided in the 9(1) and 21(1) of the said rule or any part thereof or any further sum hereafter deposited with the State Government in replenishment thereof shall be forfeited or applied by the Competent Authority pursuant to the power hereinafter declared in that behalf the lessee/licensee shall deposit with the State Government such further sum as may be sufficient with the un appropriated part thereof to bring the amount in deposit with the State Government up to the sum of equal to the said full security deposit amount.

(2)     Delivery of working in good order to State Government after determination of lease. The lessee/licensee shall at the expiration or sooner determination of the said term or any renewal thereof deliver up to the State Government all mines, quarries, pits, shafts, inclines, other works now existing or hereafter to be sunk or make on or under the said lands except such as have been abandoned with the sanction of the Competent Authority in an ordinary and fair course of working all engines, machinery, plant, buildings, structures, other works and conveniences which at the commencement of the term were upon or under the said lands and all such machinery set up the lessee/licensee below ground level which cannot be removed without causing injury to the mines, quarries or works under the said lands (except such of the same as may with the sanction of the Competent Authority) and all buildings and structures of bricks or stone erected by the lessee/licensee above ground level in good repaired order and condition and fit in all respects for further working of the said mines and the said minerals.

(19)   Right of pre-emption.-

(1)     The Government shall from time to time and all times during the said term have the right to be exercised by notice in writing to the lessee/licensee or pre-emption of the said minerals and all products thereof, lying in or upon the lands hereby demised or elsewhere under the control of the lessee/licensee shall with all possible expedition deliver all minerals or products of minerals purchased by the State Government under the power conferred by this provision be exercising the said right.

(2)     In the event of the existence of State or War or emergency (of which existence the President of India shall be the sole judge and a notification to this effect in the Gazette of India shall be conclusive proof) the State Government with the consent of the Central Government shall from time to time and at all times during the said term have the right to be exercised by a notice in writing to the lessee/licensee shall forth with take possession and control of the works plant, machinery premises of the lessee/licensee on or in connection with the said lands or preparations under this lease/licence and during such possession or control the lessee/licensee shall confirm and obey all directions given by or on behalf of the Central or State Government regarding the use of employment of such works, plants, premises and minerals:

Provided that, after compensation which shall be determined in default of agreement by the State Government shall be paid to the lessees/licensee or all loss or damage sustained by him/them by reason or in consequence of the exercise of the powers conferred by this clause.

Provided further that, the exercise of such powers shall not determine the said term hereby granted or affect the terms and provisions of their presents further than may be necessary to give effect to the provisions of this clause. The Government or the Competent Authority shall have the right to dispose of the minor mineral waste generated during the course of quarrying in accordance with the provision of Schedule-II.

(20)   Not to light fire in Forest Areas.- The lessee/licensee shall not light any fire upon the said lands if lying within the reserved forest except under such conditions as the Forest Department may in writing specify and the lessee/licensee and his/their workmen and employees shall render prompt assistance in extinguishing any fire on the said lands or in their vicinity. The lessee/licensee shall be liable for all damage resulting from fire caused by the act or omission of the lessee/licensee or his/their employees and shall pay such compensation for the Forest Department. The decision of the Forest Department as the amount of compensation payable by the lessee/licensee shall be final and binding on the lessee/licensee.

(21)   No right over produce other than minerals ores mentioned in the lease/licence.-

(1)     The lessee/licensee shall not remove any other produce except the minor mineral mentioned in this lease. The lessee/licensee shall without delay, report to the Competent Authority and the Director of Mines and Geology, the discovery in this areas, comprised in his/their lease/licence of any minerals not specified in the lease,.

(2)     If any mineral/s not specified in the lease/licence is/are discovered in the leased/licensed area he/they shall not win and dispose of such mineral/s, without obtaining lease/licence therefore. If he fails/they fail to apply for such lease/licence within three months from the discovery of the said mineral/minerals, the Competent Authority may grant a lease/licence in respect of such mineral/minerals to any other person/persons in respect of such mineral/minerals to any other person/persons,

(3)     Without the prior permission of the Director of Mines and Geology the lessee/licensee shall not use the minor minerals quarried under these rules for a purpose which will classify them as major minerals.

(4)     The lessee/licensee shall make available to the Government of India, beryl or any other "Substance prescribed" under section of the Atomic Energy Act (XXIX of 1948) if they are found to occur in the said lands.

(5)     The State Government shall be immune from the lessee/licensee claims for damage and account or any land having been included in this lease which may subsequently be discovered not have been available for the lease.

(6)     The lessee/licensee or his assignees shall not erect any building in contravention of the provisions of any law for the time being in force relating to the erection of buildings or in contravention of any order is issued by any officer or authority composed to issue such order any such law within whose jurisdiction the leased area is situated.

(7)     The lessee/licensee shall abide by such reasonable instructions and direction as may be issued by the Director of Mines and Geology from time to time regarding conservation and development of minerals.

(8)     The lessee/licensee shall minimise the air and water pollution keeping in view the local atmosphere/environment.

 

PART-VIII

THE COVENANTS OF THE STATE GOVERNMENT

 

(1)     Lessee may hold and enjoy rights quietly.-Lessee/licensee paying the rents and royalties hereby reserved and observing and performing all the covenants and agreements herein contained and on the part of the lessee/licensee is 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 it.

(2)     To renew.- If the licensee be desirous of taking licence of the premises hereby demised or of any part of them for a further term on the expiry of the term hereby granted and if he/they give the Competent Authority an application in writing ninety days before the expiry of the licence as prescribed in the said Rules, and shall pay the rents and royalties hereby reserved and shall observe and perform the several covenants and agreements herein contained and on the part of the licensee to be observed and performed up to the expiration of the term hereby granted the Competent Authority will upon his/their executing and delivering to the State Government if required a counterpart thereof execute and deliver to the licensee a renewal lease/licence of the said premises for the further term not exceeding the term of this licence at such rents and royalties and no such terms and subject to such covenants and agreements including this present covenants to renew as shall be in accordance with the said Rules applicable to .............. (name of minerals) on the day next following the expiration of the term hereby granted.

(3)     Liberty to surrender the Lease/Licence.-The lessee/licensee shall be at liberty to surrender this lease /licence by giving notice of not less than three months in writing to the Competent Authority and no fresh liability shall accrue to the lessee/licensee from the date of such surrender provided that all the Government dues on rents, royalties and taxes shall be cleared off arising upon the date of the surrender.

(4)     Refund of security deposit.-On such date as the Competent Authority may within two months after the determination to this lease or of any renewal thereof, the amount of the security deposit paid in respect of this lease and than remaining in deposit with the State Government and not required to be applied to any of the purpose mentioned in this lease shall be refunded to the lessee/licensee. No interest shall run on the security deposit.

 

PART IX

GENERAL PROVISION

 

(1)     Breach of Conditions.- In case of breach of any of the conditions of the lease other than mentioned in clause 2 and 3 of this part, then the Competent Authority may require the lessee/ licensee or his/their assigns to pay penalty not exceeding an amount equivalent ten times in the amount of the annual dead rent.

(2)     Obstruction to inspection.- In case lessee/licensee or his/their assignees does/do not allow or obstruct entry or inspection, by the Officers authorised by the State Government, the Competent Authority may cancel the lease and forfeit the whole or part of the deposit made under these rules.

(3)     In case the lessee/licensee or his/their assignees commit any breach of any of the conditions specified in the clauses, sub-rule (1) to (2) of rule 6 of the said Rules then and in any such case the Competent Authority shall give notice in writing to the lessee/licensee or his/their or assignees as the case may be, asking him/them to remedy the breach within thirty days from the date of the notice and if the breach is not remedied within such period the Competent Authority under the said rules may determine the lease provided that nothing therein contained shall debar the State Government from enforcing any other right or remedy that the State Government may have against the lessee/licensee or his assignees under any other provisions herein contained.

(4)     To pay penalty in case of breach.- In case of the breaches of the covenants and agreements by the lessee/licensee or any other officer authorised by the Government on which aforesaid notice has been given the Competent Authority under the said rules in lieu of giving notices, may impose such penalty appropriate in accordance with the sub-rule(3) of rule 6.

(5)     If the lessee/licensee ceases/cease to work the quarry for a continuous period of one year the lease/licence shall liable to cancellation as per the rules:

Provided that, the lease/licence shall not be cancelled if the lessee/licensee are prevented from working the quarry owing to some reasonable cause or if the lessee/licensee ceases/cease to work with prior permission of the Competent Authority.

(6)     Interpretation.- If there is any dispute regarding their lease/licence or any other matter or thing construction of a term or condition in the lease/licence anything connected with the quarries or minor minerals specified in this lease/licence or the working or non-working of the quarry operated under this lease/licence, the amount of payment of royalty or dead rent or its mode of payment to the Competent Authority it shall be referred to the State Government whose decision shall be final and binding on the lessee/licensee.

(7)     Lessee/Licensee to remove his properties on the expiry of lease.- The lessee/licensee 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 terms or within three months thereafter (unless the lease/license shall be determined under clause 1 and 2 of this PART and in that case at any time not less than three calendar months after such determination), take down and remove for his own benefit all or any engines, machinery plant, buildings, structures, tramways, railway, railways other works, erection and conveniences which may have been erected, set up or placed by the lessee/licensee in or upon the said lands and which the lessee/licensee is/arrears bound to deliver to the State Government under clause 18 of PART VII of this Schedule and which the State Government shall not desire to purchase.

(8)     Forfeiture of property left more than six months after determination of lease.- If at the end of six months after the expiration or sooner determination of the said term or after the date from which after determination of lease any surrender by the lessee/licensee of part under the provisions contained in clause 3 of PART VIII of this schedule become effective there shall remain or upon the said land or the surrendered part or parts thereof the case may be any engine, machinery, plant, building, structures, tram ways, railways and other work, erections and conveniences or other property which are not required by the lessee/licensee in connection with his/their operations in these parts of the said lands which he/they has/have surrendered or in any other lands held by him/them under quarrying lease the same shall not remove by the lessee/licensee within one calendar month after notice in writing requiring their removal has been to the lessee/licensee by the State Government be deemed to become the property of the State Government and may be sold or disposed of in such manner as the State Government shall deem fit without liability to pay compensation or to the lessee/licensee in respect thereof.

(9)     Service of notice.- Every notice by these present required to be given to Service notice. the lessee/licensee shall be given in writing to such person resident on the purpose of receiving such notices and if there shall have been no such appointment then every such notice shall be sent to the lessee/licensee by the registered post addressed to the lessee/licensee at the address recorded in this lease/license or at such other address in India as the lessee/licensee may from time to time in writing to the State Government designate for the receipt of notices and every such service shall be deemed to be proper and valid service upon the lessee/licensee and shall not be questioned or challenged by him.

(10)   In respect of all quarrying leases or license a quarrying plan shall be submitted by the lessee or licensee as per the provisions of chapter II-A of these rules.

In witness where of these presents have executed in the manner here under apprising the day and year first above written.

Signed by

(for and on behalf of the Governor of Karnataka in the presence of)

Signed by

(for and on behalf of in the presence of )

1.

2.

Signature of the Witness"

Rule - 55. Substitution of Form-GL

In the said rules, for Form GL and the entries relating thereto the following shall be substituted, namely:-

 

"Government of Karnataka

No. Office of the_____

FORM GL

(see sub-rule (1) of rule 16)

NOTIFICATION

 

(1)     In pursuance of rule ___________of these rules, grant of quarry lease/licence of quarrying__________ (Minerals) for _____years to Smt/Sri/M/s.___________ over an extent of __ Acres of ___ (Revenue/Forest/Private) land in Sy.Nos_______ of village__Taluk______ District, as per the enclosed sketch.

(2)     The grant of the above lease/license for quarrying is subject to the terms and conditions mentioned hereunder,-

(a)      Quarrying lease/license shall be in respect of ____Minor Mineral only. If any other mineral (s) is/are found in association with the said minor mineral or new mineral discovered, it/they should be brought to the notice of the Competent Authority and if the lease/licensee desires to quarry these mineral only after obtaining approval of the Competent Authority include the minor mineral so discovered in the lease/license deed as specified in rule 3-E.

(b)      The lessee/licensee shall at his own expense erect and at all times maintain and keep in good repair, boundary pillars as specified in rule 2 (a-2).

(c)      Quarrying work shall not be started based on this Notification, quarrying should be started only after executing the lease/license deed.

(d)      The grant of this quarry lease/license for quarrying shall be subject to the various other provision of these rules.

(e)      The grantee shall produce approved quarry plan and Environment Clearance before execution of lease/license in Form-E.

(f)       The grantee shall pay all necessary fees before execution of lease/license in Form-E.

(g)      The grantee shall produce DGPS/ Drone survey report for freezing levels by agency empanelled by the KSRASC.

(h)     The lessee shall produce no due certificate to competent authority before execution of lease/license in Form-E.

(i)       This notification for grant of Quarry lease or License may contain such other conditions as the competent authority may deemed necessary.

Competent Authority

To

......................

......................

Copy to:

(1)     The Controlling Authority (Director of Mines and Geology) Bangalore

(2)     The Deputy Commissioner......................District.

(3)     The Deputy Conservator of Forest (Territorial) ......................District.

(4)     The Tahsildar, ......................District."

Rule - 56. Substitution of Form-S

In the said rules, for Form S and the entries relating thereto the following shall be substituted, namely:-

 

"FORM – S

(see rules-8,31Z and 32)

INSPECTION REPORT OF APPLIED AREA FOR QUARRY LEASE/LICENCE.

Name of the District: Name of the Taluk:

 

 

Signature of the Signature of the

Inspecting Officer Forwarding Officer