Rajasthan Minor Mineral Concession (Amendment) Rules, 2025
[03rd
January 2025]
PREAMBLE
In exercise of the powers
conferred by section 15 of the Mines and Minerals (Development and Regulation)
Act, 1957 (Central Act No. 67 of 1957), the State Government hereby makes the
following rules further to amend the Rajasthan Minor Mineral Concession Rules,
2017, namely:-
Rule 1. Short title and commencement.
(1)
These rules may be called the Rajasthan Minor
Mineral Concession (Amendment) Rules, 2025.
(2)
They shall come into force from the date of
their publication in the Official Gazette.
Rule 2. Amendment of rule 2.
In sub-rule (1) of rule 2 of
the Rajasthan Minor Mineral Concession Rules, 2017, hereinafter referred to as
the said rules,-
(i)
after the existing clause (xxi) and before
the existing clause (xxii), the following new clause (xxi-a) shall be inserted,
namely:-
"(xxi-a)
"electronic identification system" means a system or device which is
capable to store electronic data and wirelessly sharing of such data for the
purposes of identification and tracking and includes a radio frequency
identification tag;";
(ii)
in clause (xxxviii), for the existing
expression "roads, buildings", the expression "roads" shall
be substituted;
(iii)
after the existing clause (xlii) and before
the existing clause (xliii), the following new clause (xlii-a) shall be
inserted, namely:-
"(xlii-a)
"radio frequency identification device" means any device that uses
electromagnetic fields or equivalent system to automatically identify and track
tags containing electronically stored information attached to objects or
vehicles;";
(iv)
in clause (lvi), for the existing expression
"; and", the punctuation mark ";" shall be substituted;
(v)
in clause (lvii), for the existing expression
"royalty paid mineral.", the expression "royalty paid mineral
bajri (river sand) from permitted stocks of the lessee, masonary stone
gitty/grit/crusher dust, M-sand; and" shall be substituted; and (vi) after
the clause (lvii), so amended, the following new clause (lviii) shall be added,
namely:-
"(lviii)
"vehicle location tracking device" means any device which is capable
to receive and transmit signals for tracking the location, speed and route of a
vehicle using the global positioning system or an equivalent system such as the
Indian Regional Navigation Satellite system of such specifications asmay be
specified by the Government, from time to time."
Rule 3. Amendment of rule 7.
In rule 7 of the said
rules,-
(i)
in sub-rule (2), for the existing expression
"forest land or any other reserved land", the expression "mining
leases and forest boundary or any other reserved land or mining leases and any
place/structure specified in clause (xvi) of sub-rule (1) of rule 28 or
khatedari land" shall be substituted;
(ii)
in sub-rule (3)-,
(a)
for the existing expression "forest
boundary or any other reserved land", the expression "mining leases and
forest boundary or any other reserved land or mining leases and any
place/structure specified in clause (xvi) of sub-rule (1) of rule 28 or
khatedari land" shall be substituted; and
(b)
in second proviso, for the existing
expression "ten times", the expression "twenty five times"
shall be substituted.; and
(iii)
the existing sub-rule (3A) shall be
substituted by the following, namely:-
"(3A)
All application received for grant of strip of land prior to date of
commencement of the Rajasthan Minor Mineral Concession (Amendment) Rules, 2025
shall become ineligible:
Provided that where
competent authority has issued a letter of intent for grant of strip of land
before the commencement of the Rajasthan Minor Mineral Concession (Amendment)
Rules, 2025, the strip of land shall be granted subject to fulfilment of the
conditions of the letter of intent."
Rule 4. Amendment of rule 8.
In rule 8 of the said
rules,-
(i)
in sub-rule (3)-,
(a)
for the existing expression "forest
boundary or any other reserved land", the expression "quarry licences
and forest boundary or any other reserved land or quarry licences and any
place/structure specified in clause (xvi) of sub-rule (1) of rule 28 or
khatedari land" shall be substituted; and
(b)
in second proviso, for the existing
expression "ten times", the expression "twenty five times"
shall be substituted.; and
(ii)
the existing sub-rule (4) shall be
substituted by the following, namely:-
"(4)
All application received for grant of strip of land prior to date of
commencement of the Rajasthan Minor Mineral Concession (Amendment) Rules, 2025
shall become ineligible:
Provided that where Mining
Engineer or Assistant Mining Engineer concerned has issued a letter of intent
for grant of strip of land before the commencement of the Rajasthan Minor
Mineral Concession (Amendment) Rules, 2025, the strip of land shall be granted
subject to fulfilment of the conditions of the letter of intent."
Rule 5. Amendment of rule 9.
In clause (ii) of sub-rule
(3A) of rule 9 of the said rules, the existing expression "during last
three years" shall be deleted.
Rule 6. Amendment of rule 10.
In clause (ii) of sub-rule
(3A) of rule 10 of the said rules, the existing expression "during last
three years" shall be deleted.
Rule 7. Substitution of rule 12.
The existing rule 12 of the
said rules shall be substituted by the following, namely:-
"12.
Procedure for grant of mining lease or quarry licence in forest land and
government land.-
(1)
In forests land and government land
(including land belonging to Urban Development Authorities, Urban Improvement
Trusts, Municipalities or any other Authority under the control of the State
Government etc.), the mining lease or quarry licence shall be granted through
auction after delineation of the area using global positioning system orglobal
navigation satellite system:
Provided that in case of
mineral bajri (river sand), delineation of the area may be done by using global
positioning system or global navigation satellite system or khasra-wise.
(2)
In delineation, as far as possible, the area
of plots (other than mineral bajri (river sand)) shall be kept 4.00 hectare or
more.
(3)
The Director may reserve upto five plots, per
district per year, of mineral masonary stone exclusively for establishment of
M-sand unit.
(4)
The Director may reserve plots for grant of
mineral concession with pre-embedded clearances. In such cases, the required
approvals and clearances shall be obtained by the Department.
(5)
Notwithstanding anything contained in these
rules, in notified scheduled areas,-
(i)
for mineral masonary stone, one third of
total delineated plots shall be kept reserved for the persons belonging to
schedule tribes category who are domicile of notified scheduled areas; and
(ii)
for mineral bajri (river sand), priority
shall be given to the registered society of persons belonging to schedule
tribes category who are domicile of notified scheduled areas.
(6)
In existing major mineral leases where mining
of minor mineral can be done independently, the leases of minor mineral shall
be granted with prior approval of the Director by way of education subject to
condition that after allotment of lease, the lessee of such minor mineral shall
not cause any hindrance in the working of major mineral lessee.
(7)
For grant of mining lease or quarry licence
under this rule, the Government may issue guidelines.
Rule 8. Insertion of rule 12A and 12B.
After rule 12, so
substituted and before the existing rule 13 of the said rules, the following
new rules 12A and 12B shall be inserted, namely:-
"12A.
Grant of mining lease in government land where available area is less than 1.0
hectare.-
(1)
Notwithstanding anything contained in these
rules, mining lease in government land where available area is less than 1.0
hectare and surrounded by khatedari land, shall be granted alongwith such
khatedari land, to khatedar or holder of registered consent of khatedar.
(2)
In such cases, one time premium equivalent to
twenty five times of dead rent as per schedule III, for the area to be granted
shall be payable:
Provided that where
government land is surrounded by khatedari land of different khatedars and
khatedars are interested in addition of such land with their respective
khatedari land, the premium shall be determined by auctioning of such land
among the adjoining khatedars keeping reserve price as twenty five times of
dead rent.
Provided further that the
premium shall not be adjusted against dead rent or royalty.
(3)
Except otherwise provided in this rule, the
provisions of rule 14, 16 and 17A shall apply mutatis mutandis to the grant of
mining lease under this rule.
12B.
Grant of mining leases in notified scheduled area.-
(1)
Notwithstanding anything contained in these
rules, in notified scheduled areas, for grant of mining leases of plots
reserved under sub-rule (5) of rule 12, the centralized bidding cell at
Directorate shall issue notice for inviting applications in two daily news
papers, at least one of which is State level and other having wide publicity in
the area where lease is being granted.
(2)
The notice shall be published at least
fifteen days before the intended date of inviting applications and shall
contain the date or the period within which applications shall be received. The
notice shall also be uploaded on the Departmental website.
(3)
Where two or more applications are received
for the same plot, the allotment shall be made by the way of e-auction among
the applicants or registered societies of persons belonging to schedule tribes
category who are domicile of notified scheduled areas, as the case may be, as
provided under rule 14.
(4)
Where no application is received from the
applicant or registered society of persons belonging to schedule tribes
category who are domicile of notified scheduled areas, as the case may be, the
reservation shall lapse and fresh e-auction shall be conducted treating them as
unreserved plots."
Rule 9. Amendment of rule 14.
In rule 14 of the said
rules,-
(i)
in sub-rule (4), for the existing expression
"forests land and government land", the expression "forests land
and government land. In case where pre-embedded clearances has been obtained,
information about such clearances shall be specifically mentioned in the notice
inviting bid" shall be substituted;
(ii)
the existing clause (ix) of sub-rule (8)
shall be substituted by the following, namely:-
"(ix)
The bid security of the successful bidder, if not forfeited or adjusted under
these rules, shall be refunded by the agency appointed for auction.";
(iii)
in sub-rule (10), for the existing
punctuation mark ".", appearing at the end, the punctuation mark
":" shall be substituted; and
(iv)
after sub-rule (10), so amended and before
the existing sub-rule (11), the following new proviso shall be inserted,
namely:-
"Provided that if the
successful bidder fails to comply with the above mentioned provisions, the
stipulated time period of fifteen days shall be deemedto have been extended for
further fifteen days, subject to an additional paymentof ten percent of the
offered bid amount."
Rule 10. Insertion of new rule 15A.
After the existing rule 15
and before the existing rule 16of the said rules, the following new rules 15A
shall be inserted, namely:-
"15A.
Obtaining approvals and clearances under sub-rule (4) of rule 12 and issuance
of vesting order.-
(1)
The Government shall nominate an Additional Director
level officer as the nodal officer, in respect of plots auctioned with
pre-embedded clearances.
(2)
The nodal officer nominated under sub-rule
(1) shall be authorised to obtain approvals and clearances and shall issue
vesting order in favour of successful bidder before issuance of letter of
intent.
(3)
The vesting order issued under sub-rule (2)
shall have the same terms and conditions ofevery approvals and clearances:
Provided that mandatory
payments towards certain statutory clearances shall be paid bythe holder of
letter of intent as specified by concerned authorities or the nodal
officer."
Rule 11. Amendment of rule 16.
In rule 16 of the said
rules,-
(i)
the existing sub-rule (2) shall be
substituted by the following, namely:-
"(2)
Upon compliance of the sub-rule (10) of rule 14 or sub-rule (3) of rule 12A
sub-rule (8) of rule 17A, as the case may be, the competent authority shall
issue a letter of intentto successful bidder or applicant, as the case may be,
to,-
(i)
furnish the performance security as specified
in rule 20 within six months from date of issuance of letter of intent;
(ii)
submit approved mining plan within six months
from date of issuance of letter of intent;
(iii)
submit approval under the Forest
(Conservation) Act, 1980 or consent under the Rajasthan Tenancy (Government)
Rules, 1955 or prior recommendation of the Panchayati Raj Institution,
concerned within eighteen months from date of issuance of letter of intent, as
the case may be;
(iv)
submit consent from any other Authority under
the control of the State Government as per the condition of notice inviting
bid; and
(v)
in case of bajri (river sand), submit
environment clearance within eighteen months from the date of issuance of
letter of intent:
Provided that plots
auctioned with pre-embedded clearances, the letter of intent shall be issued
for compliance of condition specified in clause (i) only.
Provided further that the
above period may be extended by the competent authority as per the provisions
of sub-rule (6A), subject to payment of late fees at the rate of ten percent of
annual dead rent for delay of every month or part thereof.";
(ii)
after the existing sub-rule (6), the
following new sub-rule (6A) shall be added, namely:-
"(6A)
No mining lease shall be granted on the expiry of a period of three years from
the date of the letter of intent and the letter of intent shall be invalidated
leading to annulment of the entire process of auction:
Provided that the competent
authority may allow a further period of two years for grant of mining lease if
the reasons for delay were beyond the control of the holder of letter of
intent.
Provided further that where
the period of five years has expired or expiring within one year from the date
of commencement of the Rajasthan Minor Mineral Concession (Amendment) Rules,
2025, the letter of intent shall be invalidated in case mining lease is not
granted within a period of one year from the date of commencement of the said
Rules of 2025."; and
(iii)
the existing sub-rule (7) and sub-rule (8)
shall be deleted.
Rule 12. Amendment of rule 17.
In rule 17 of the said
rules,-
(i)
the existing sub-rule (2) shall be
substituted by the following, namely:-
"(2)
Upon compliance of the sub-rule (10) of rule 14 or sub-rule (8) of rule 17A, as
the case may be, the competent authority shall issue a letter of intent to
successful bidder or applicant, as the case may be, to,-
(i)
furnish the performance security as specified
in rule 20 within six months from date of issuance of letter of intent;
(ii)
submit approved mining plan within six months
from date of issuance of letter of intent;
(iii)
submit approval under the Forest
(Conservation) Act, 1980 or consent under the Rajasthan Tenancy (Government)
Rules, 1955 or prior recommendation of the Panchayati Raj Institution,
concerned within eighteen months from date of issuance of letter of intent, as
the case may be; and
(iv)
submit consent from any other Authority under
the control of the State Government as per the condition of notice inviting
bid:
Provided that plots
auctioned with pre-embedded clearances, the letter of intentshall be issued for
compliance of condition specified in clause (i) only.
Provided further that the
above period may be extended by the Mining Engineer or Assistant Mining
Engineer concerned as per the provisions of sub-rule (4), subject to payment of
late fees at the rate of ten percent of annual licence fee for delay ofevery
month or part thereof."; and
(ii)
after the existing sub-rule (3), the
following new sub-rule (4) shall be added, namely:-
"(4)
No quarry licence shall be granted on the expiry of a period of three years
from the date of the letter of intent and the letter of intent shall be
invalidated leading toannulment of the entire process of auction:
Provided that the Mining
Engineer or Assistant Mining Engineer concerned may allow a further period of
two years for issuance of quarry licence if the reasons for delay were beyond
the control of the holder of letter of intent.
Provided further that where
the period of five years has expired or expiring within one year from the date
of commencement of the Rajasthan Minor Mineral Concession (Amendment) Rules,
2025, the letter of intent shall be invalidated in case quarry licence is not
granted within a period of one year from the date of commencement of the said
Rules of 2025."
Rule 13. Amendment of rule 17A.
In rule 17A of the said
rules,-
(i)
the existing sub-rule (3) shall be
substituted by the following, namely:-
"(3)
The premium amount shall be paid in four installments in following manner:-
(i)
first installment, forty percent of the
premium amount along with application;
(ii)
second installment, twenty percent of the
premium amount before execution of mining lease deed or issuance of quarry
licence, as thecase may be; and
(iii)
third and fourth installments, twenty percent
of the premium amount on upcoming 1st April and 1st April of subsequent
year,respectively.";
(ii)
in sub-rule (4), for the existing expression,
"rupees ten thousand", the expression, "rupees ten thousand and
first installment as per clause (i) of subrule (3)" shall be substituted;
and
(iii)
the existing sub-rule (10) shall be deleted.
Rule 14. Amendment of rule 18.
After the existing table of
sub-rule (2) and before the existing sub-rule (3) of rule 18 of the said rules,
the following new provisos shall be added,namely:-
"Provided that in
notified scheduled area, plots having one hectare area, the amount of bid
security shall be 5 lacs.
Provided further that where
offered bid price is more than thirty crore, the bid security shall be twenty
five percent of offered bid price."
Rule 15. Amendment of rule 20.
In sub-rule (3) of rule 20
of the said rules, for the existing expression "equivalent to", the
expression "equal to fifty percent of" shall be substituted.
Rule 16. Amendment of rule 23.
In sub-rule (5) of rule 23
of the said rules, for the existing expression "enhance the rate",
the expression "revise the rate" shall be substituted.
Rule 17. Amendment of rule 25.
In rule 25 of the said
rules,-
(i)
in clause (ii) of sub-rule (3), for the
existing expression "the minimum area specified in Schedule I", the
expression "1.0 hectare" shall be substituted;
(ii)
after the existing sub-rule (3) and before
the existing sub-rule (4), the following new sub-rules (3A) and (3B) shall be
inserted, namely:-
"(3A)
The Mining Engineer or Assistant Mining Engineer concerned shall process and
sent the proposal of the applications received under sub-rule (1), (2) or (3),
as the case may be, within a period of thirty days from the date of receipt, to
the competent authority for its disposal.
(3B)
The competent authority shall dispose of the applications received under
sub-rule (1), (2) or (3), as the case may be, within a period of thirty days
from the date of receipt of proposal from the Mining Engineer or Assistant
Mining Engineer concerned."; and
(iii)
in sub-rule (5), for the existing expression
"calculated as specified in schedule III", the expression
"reduced proportionately" shall be substituted.
Rule 18. Insertion of rule 26A and 26B.
After the existing rule 26
and before the existing rule 27 of the said rules, the following new rule 26A
and 26B shall be inserted, namely:-
"26A.
Lapsing of the mining lease or quarry licence.-
(1)
Where production and dispatch of mineral has
not been commenced within a period of two years from the date of registration
of the mining lease or issuance of quarry licence, or is discontinued for a
continuous period of two years after commencement of such operations, the
mining lease orquarry licence shall be declared as lapse.
(2)
The lapsing of a mining lease or quarry
licence shall be recorded through an order issued by the authority competent to
grant and shall also be communicated to the lessee or licencee, as the case may
be.
(3)
Where a lessee or licencee is unable to
commence the production and dispatch of mineral within a period of two years
from the date of registration of the mining lease or issuance of quarry licence
or discontinuation of such operations for reasons beyond his control, he may
submit an application to the Mining Engineer or Assistant Mining Engineer,
explaining the reasons for the same, at least three months before the expiry of
such period of two years:
Provided that where the
lessee or licencee has failed to make the application within the time
stipulated above due to the reasons beyond his control but has made application
before the lapse of lease or licence under sub-rule (1), the competent
authority may condone delay inmaking the application.
Provided further that where
the lessee or licencee has failed to make the application within the time
stipulated above, the lease or licence shall lapse in accordance with
sub-rule(1).
(4)
Application made under sub-rule (3) shall
specify in detail:
(i)
the reasons on account of which it will not
be possible for the lessee or licencee to undertake production and dispatch of
mineral or continue such operations;
(ii)
the manner in which such reasons are beyond
the control of the lessee or licencee; and
(iii)
the steps that have been taken by the lessee
or licencee to mitigate the impact of such reasons.
(5)
Every application under sub-rule (3) shall be
accompanied by a fee of,-
(i)
rupees ten thousand for mining lease; and
(ii)
rupees two thousand for quarry licence.
(6)
Authority competent to grant the mining lease
or quarry licence shall, after examining the adequacy and genuineness of the
reasons for the non-commencement of production and dispatch of mineral or
discontinuance thereof, pass an order, within a period of three months from the
date of receipt of the application made under sub-rule (3) either granting or
rejecting such request.
26B.
Revival of the mining lease or quarry licence.-
(1)
The authority competent to grant the mining
lease or quarry licence, on an application made by the holder of a mining lease
or quarry licence submitted within a period of three months from the date of
order oflapse and on being satisfied about the adequacy and genuineness of the
reasons for noncommencement of production and dispatch of mineral or
discontinuance thereof was beyondthe control of holder of the mining lease or
quarry licence, revive the mining lease or quarry licence within a period of
three months from the date of receiving the application:
Provided that no mining
lease or quarry licence shall be revived for more than thrice during the entire
period of the mining lease or quarry licence.
(2)
Application made under sub-rule (1) for
revival of the mining lease or quarry licence shall specify in detail:
(i)
the reasons on account of which the lessee or
licencee failed to undertake production and dispatch of mineral or continue
such operations;
(ii)
the manner in which such reasons are beyond
the control of the lessee or licencee;and
(iii)
the steps that have been taken by the lessee
or licencee to mitigate the impact of such reasons:
Provided that competent
authority may seek such additional information, documents orclarifications with
respect to the application as it may require.
(3)
Every application under sub-rule (1) shall be
accompanied by a fee of,-
(i)
rupees twenty five thousand for mining lease;
and
(ii)
rupees ten thousand for quarry licence."
Rule 19. Amendment of rule 27.
In rule 27 of the said
rules,-
(i)
the existing sub-rule (1) shall be
substituted by the following, namely:-
"(1)
The lessee or licencee may transfer his mining lease or quarry licence, as the
case may be, to any person who is eligible to hold mining lease or quarry
licence under these rules, in the manner specified in this rule.";
(ii)
the existing proviso to sub-rule (6) shall be
substituted by the following, namely:-
"Provided that the
competent authority may extend, the stipulated time period of two months, on an
application subject to payment of late fee at the rate of rupees five thousand
for every month of delay or part thereof. In such cases,the delay shall be
counted after lapse of two months.
Provided further that if
transfer deed has not been executed or registered within the stipulated or
extended time, the order for transfer shall be revoked bythe competent
authority with forfeiture of transfer application fee andpremium."; and
(iii)
in sub-rule (7), the existing expression
"but if application of mutation is not made, it shall be treated as
transfer" shall be deleted.
Rule 20. Amendment of rule 28.
In rule 28 of the said
rules,-
(i)
in sub-rule (1),-
(a)
in clause (xv), for the existing expression
"In such case", the expression "In such case, letter of intent
for inclusion of newly discovered mineral in the mining lease shall be issued
subject to condition that" shall be substituted;
(b)
in clause (xvi),-
(I)
for the existing punctuation mark
";", the punctuation mark ":" shall be substituted; and
(II)
at the end, the following new proviso shall
be added, namely:-
"Provided that after
the commencement of the Rajasthan Minor Mineral Concession (Amendment) rule,
2025, no mining lease or quarry licence shall be granted within a distance of
forty five meters from any railway line or under or beneath any ropeway or
ropeway trestle or station or any public road or reservoir or canal or other
public place or buildings, pillars of railway and road bridge or inhabited
site. All the places/structures specified in this proviso shall be verified by
the google maps/images on or before the date of issuance of letter of intent of
the area;";
(c)
in clause (xvii),-
(I)
for the existing expression "as village
road), allow any", the expression "as village road) or small canals
(minor tributaries), allow any" shall be substituted;
(II)
for the existing punctuation mark
";", the punctuation mark ":" shall be substituted; and
(III)
at the end, the following new proviso shall
be added, namely:-
"Provided that after
the commencement of the Rajasthan Minor Mineral Concession (Amendment) rule,
2025, no mining lease or quarrylicence shall be granted within a distance of
ten meters from mines approach road or village roads (including any track shown
in the revenue record as village road) or village ponds or minor
canals/tributaries. All the places/structures specified in this proviso shall
be verified by the google maps/images on or before the date of issuance of
letter of intent of the area;";
(ii)
in sub-rule (2),-
(a)
in clause (iv), after the existing sub-clause
(e) and before the existing subclause (ee), the following new sub-clause (e-a)
shall be inserted, namely:-
"(e-a)
The lessee shall not use any vehicle for transportation of mineral from the
lease area unless the same is registered with the department as per the
provisions of sub-rule (2) of rule 73A."; and
(b)
the existing first proviso to sub-clause (a)
of clause (xvii) shall be substituted by the following, namely:-
"Provided that where
the competent authority to take decision on termination of mining lease is the
Director, no prior approval of next higher authority shall be required.";
and
(iii)
in sub-rule (3),-
(a)
in clause (iii), for the existing expression
"one fourth of the annual licence fee as security deposit and the annual
licence fee as performance security for the due observance of the terms and
conditions of the licence. The existing licencee shall also have to deposit a
sum equal to annual licence fee", the expression "twenty five percent
of the annual licence fee as security deposit and fifty percent of the annual
licence fee as performance security for the due observance of the terms and
conditions of the licence. The existing licencee shall also have to deposit a
sum equal to fifty percent of annual licence fee" shall be substituted;
and
(b)
the existing provisos to clause (x) shall be
substituted by the following, namely:-
"Provided that decision
of termination of licence shall be taken, only if the licencee has failed to
remedy the breach, after serving of a thirty days notice.".
Rule 21. Amendment of rule 29.
After the existing clause
(v) and before the existing clause (vi) of sub-rule (5) of rule 29 of the said
rules, the following new clause (v-a) shall be inserted, namely:-
"(v-a)
appropriate measures for zero waste mining practices;"
Rule 22. Deletion of rule 35.
The existing rule 35 of the
said rules shall be deleted.
Rule 23. Amendment of rule 36.
The existing sub-rule (3)
rule 36 of the said rules shall be deleted.
Rule 24. Amendment of rule 37.
In rule 37 of the said
rules,-
(i)
in sub-rule (3), for the existing expression
"thirty days", wherever occuring, the expression "fifteen
days" shall be substituted;
(ii)
in sub-rule (4),-
(a)
for the existing expression, "registered
with department in accordance with the provisions of rule 35 and than",
the expression, "registered" shall be substituted;
(b)
for the existing punctuation mark
":", appearing at the end, the punctuation mark "." shall
be substituted; and
(c)
the existing proviso shall be deleted; and
(iii)
in sub-rule (7A),-
(a)
the existing clause (i) shall be deleted;
(b)
for the existing punctuation mark
".", appearing at the end of clause (viii), the punctuation mark
":" shall be substituted; and
(c)
after the clause (viii), so amended, the
following new proviso shall be added, namely:-
"Provided that if the
successful bidder fails to comply with the above mentioned provisions, the
stipulated time period of fifteen days shall be deemed to have been extended
for further fifteen days, subject to paymentof ten percent of the offered bid
amount."
Rule 25. Amendment of rule 44.
In rule 44 of the said
rules,-
(i)
in sub-rule (1), for the existing expression
"contractor", the expression "royalty collection
contractor" shall be substituted, with effect from 1st July, 2025 or from
such date as may be extended by the Government.;
(ii)
the existing sub-rule (2) shall be
substituted, with effect from 1st July, 2025 or from such date as may be
extended by the Government, by the following, namely:-
"(2)
The royalty receipt issued to the royalty collection contractor shall be in
Form-23 duly stamped by the Mining Engineer or Assistant Mining Engineer
concerned. The royalty collection contractor shall issue royalty receipts after
filling all columns of Form-23 including amount of royalty, contribution
towards the District Mineral Foundation Trust fund, the Rajasthan State Mineral
Exploration Trust fund and any other charges collected for every dispatch of
the mineral. The royalty collection contractor shall give first copy of receipt
to the in-charge of the vehicle, submit second copy to the Mining Engineer or
Assistant Mining Engineer concerned and shall retain third copy with
him.";
(iii)
in sub-rule (3), with effect from 1st July,
2025 or from such date as may be extended by the Government,-
(a)
for the existing expression
"contractor", wherever occurring, the expression "royalty
collection contractor" shall be substituted.; and
(b)
the existing expression "lease or",
wherever occurring, shall be deleted.
(iv)
the existing sub-rule (4) and sub-rule (5)
shall be substituted, with effect from 1st July, 2025 or from such date as may
be extended by the Government, by the following, namely:-
"(4)
Notwithstanding anything contained in these rules, the excess royalty shall be
collected through electronic identification system after weighment of vehicle
at registered weigh bridge. The system generated e-receipt in Form-24 shall
beissued for the amount of excess royalty, contribution towards the
DistrictMineral Foundation Trust fund, the Rajasthan State Mineral Exploration
Trust fund and any other permissible charges collected for every dispatch of
themineral.
(5)
The excess royalty collection contractor may establish check post within the
contract area, after prior approval in writing from the Mining Engineer or
Assistant Mining Engineer concerned, to ensure that excess royalty has been
duly paid. The excess royalty collection contractor shall apply along with
proof of payment of rupees one thousand (non-refundable) for every place for
which permission is required. The Mining Engineer or Assistant Mining Engineerconcerned
may refuse to grant permission for reasons to be recorded in writingfor any
particular place and shall communicate to the excess royalty collection
contractor. The excess royalty collection contractor shall have electronic
identification system to check e-receipt of payment of excess royalty.";
(v)
after sub-rule (5), so substituted and before
the existing sub-rule (6), the following new sub-rule (5A) shall be inserted,
namely:-
"(5A)
The Director shall issue guidelines for surveillance at the check post and
process of excess royalty collection by electronics identification
system.";
(vi)
in sub-rule (16), for the existing expression
"sanctioning of new lease or licence, revision of dead rent of existing
lease", the expression "sanctioning of new lease or licence"
shall be substituted; and
(vii)
in sub-rule (18), for the existing expression
"computer with net connectivity and generator. The weigh bridge shall be
integrated with that of departmental online system and shall hand over the
weigh bridge along with all above equipment to the department in proper working
condition after expiry or termination of thecontract otherwise security deposit
shall be forfeited. Government will explore the possibility of prescribing GPS
tracking system.", the expression "computer with net connectivity,
generator and equipment prescribed in the guidelines issued by the
Director." shall be substituted.
Rule 26. Amendment of rule 51.
In rule 51 of the said
rules,-
(i)
in sub-rule (1),-
(a)
for the existing expression "ordinary
earth, bajri (other than river sand)", the expression "ordinary
earth" shall be substituted; and
(b)
the existing proviso shall be substituted by
the following, namely:-
"Provided that for
excavation of ordinary earth from khatedari land and used for filling or levelling
purposes in construction of National or Mega Highways, Four or Six lane roads,
laying of Railway Tracks, no permit shall be required and royalty and other
payments shall be levied on the basis of G-schedule or consumption certificate.
In such cases, consent of khatedar for excavation of ordinary earth shall be
submitted to the concerned works Department.";
(ii)
after sub-rule (1), so amended and before the
existing sub-rule (2), the following new sub-rule (1A) shall be inserted,
namely:-
"(1A)
Short term permit for mineral murram may be granted to private persons for
construction or repair of their residential or commercial projects.";
(iii)
the existing table appearing in sub-rule (4)
shall be substituted by the following, namely:-
|
S.No. |
Mineral |
Permit fee |
|
1 |
2 |
3 |
|
1. |
Masonary stone, murram, bajri etc. |
Three percent of royalty |
|
2. |
Ordinary earth |
Fifteen percent of royalty |
(iv)
after the existing sub-rule (7) and before
the existing sub-rule (8), the following new sub-rule (7A) shall be inserted,
namely:-
"(7A)
The permit holder shall not use any vehicle for transportation of mineral from
permit area unless the same is registered with the department as per the
provisions of sub-rule (2) of rule 73A."
Rule 27. Amendment of rule 52.
In rule 52 of the said
rules,-
(i)
the existing clause (i) of sub-rule (1) shall
be substituted by the following clauses, namely:-
"(i)
the Mining Engineer or Assistant Mining Engineer concerned may grant permit
to,-
(a)
the lessee or licencee or consent holder of
the lessee or licencee, as the case may be, for dispatch of over burden or
ordinary earth or murram lying inside any lease or licence area:
Provided that in case of
major mineral leases, permit shall be granted after consultation with Indian
Bureau of Mines as provided in clause (k) of sub-rule (1) of rule 12 of the
Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession
Rules, 2016;
(b)
the contractor for execution of government
works for dispatch of over burden lying outside any lease or licence area in
government land and which is not proposed for manufacturing of M-sand; and
(c)
the khatedar or holder of consent of khatedar
for dispatch of over burden lying outside any lease or licence area in
khatedari land;
(i-a)
the permit under clause (i) shall be granted,-
(a)
on advance payment of royalty, contribution
to the District Mineral Foundation Trust fund as per rates specified in the
District Mineral Foundation Trust Rules, 2016, as amended from time to time and
the Rajasthan State Mineral Exploration Trust fund as per rates specified in
the Rajasthan State Mineral Exploration Trust Rules, 2020, as amended from time
to time; and
(b)
for a maximum period of one year or period
co-terminus with the government works specified in rule 51 or period specified
in permission issued under clause (k) of sub-rule (1) of rule 12 of the
Minerals (Other than Atomic and Hydro Carbons Energy Minerals) Concession
Rules, 2016, as the case may be;
(i-b)
royalty deposited shall not be adjusted in the dead rent or annual licence fee
payable by the lessee or licencee, as the case may be;
(i-c)
the overburden dispatched from lease or licence area or from khatadar land
outside the lease or licence area may be used for manufacturing of M-sand;
(i-d)
the dispatch of overburden under the permit shall be with valid rawanna; and
(i-e)
The permit holder shall not use any vehicle for transportation of mineral from
the permit area unless the same is registered with the department asper the
provisions of sub-rule (2) of rule 73A;";
(ii)
in sub-rule (1A),-
(i)
in clause (i),-
(a)
for the existing expression "equivalent
to dead rent", the expression "equivalent to fifty percent of dead
rent" shall be substituted;
(b)
for the existing punctuation mark
":", the punctuation mark ";" shall be substituted; and
(c)
the existing proviso shall be deleted;
(ii)
in clause (ii), for the existing expression
"Government land", the expression "government land outside the
lease or licence area" shall be substituted;
(iii)
in clause (iv),-
(a)
in sub-clause (g), for the existing
punctuation mark ";", the expression "; and" shall be
substituted;
(b)
the existing sub-clause (h) shall be deleted;
(c)
in sub-clause (i), for the existing
expression "two lacs.", the expression "one lac:" shall be
substituted; and
(d)
after the clause (i), so amended, the
following new proviso shall be added, namely:-
"Provided that if the
successful bidder fails to comply with the above mentioned provisions, the
stipulated time period of fifteen days shall be deemed to have been extended
for further fifteen days, subject to an additional payment of ten percent of
the offered bid amount;";
(iv)
in clause (ix),-
(a)
for the existing expression "in case of
e-auction and/ upon submission of application in case of application submitted
by the Rajasthan State Mines and Minerals Ltd., hereinafter in this sub-rule referred
to as the applicant, for grant of permit, the Mining Engineer or Assistant
Mining Engineer shall issue a letter of intent to the successful bidder or the
applicant, as the case may be", the expression ", the Mining Engineer
or Assistant Mining Engineer shall issue a letter of intent to the successful
bidder within seven days to" shall be substituted; and
(b)
in sub-clause (b), for the existing
expression "two lacs", the expression "one lac" shall be
substituted;
(v)
in clause (x), for the existing expression
"applicant or successful bidder, as the case may be,", the expression
"successful bidder" shall be substituted;
(vi)
the existing clause (xi) shall be substituted
by the following, namely:-
"(xi)
the permit shall be granted by the Mining Engineer or Assistant Mining Engineer
concern within seven days from the date of completion of formalities of letter
of intent and shall be intimated by registered post and e-mail;"; and
(vii)
in clause (xii),-
(a)
in sub-clause (b), for the existing
expression "royalty of masonary stone", the expression "royalty
at the rate of fifty percent of royalty of masonary stone" shall be
substituted;
(b)
in sub-clause clause (x), for the existing
expression "M-sand of IS Code 383:2016", the expression "M-sand
of IS Code 383:2016 for concrete and IS Code 1542:1992 for plastering or any
other Code specified by the competent authority" shall be substituted; and
(c)
after the existing sub-clause (s) and before
the existing sub-clause (t), the following new sub-clause (s-a) shall be
inserted, namely:-
"(s-a)The
permit holder shall not use any vehicle for transportation of mineral from the
permit area unless the same is registered with the department as per the
provisions of sub-rule (2) of rule 73A.";
(iii)
after sub-rule (1A), so amended and before
the existing sub-rule (2), the following new sub-rules (1B) and (1C) shall be
inserted, namely:-
"(1B)
For removal of overburden dump accumulated in government land and used in any
industry,-
(i)
overburden dump accumulated outside the lease
or licence area and in government land which can be used in any industry,
permit for removal of such dumps shall be granted through e-auction. The
reserve price for eauction shall be equivalent to ten times of dead rent of
area included in permit for the mineral as per schedule III;
(ii)
the Mining Engineer or Assistant Mining
Engineer shall delineate plots of dumps for grant of permit by using
differential global positioning system or global navigation satellite system
after joint demarcation with Patwari and send proposal to the Directorate for
e-auction mentioning approximate quantity of overburden, land details including
map of overburden dump area;
(iii)
a centralized bidding cell established at the
Directorate level shall publish notice inviting bids as per the provisions of
sub-rule (3) and sub-rule (4) of rule 14 and conduct e-auction as per the
provisions of sub-rule (1), (5), (6), (7), clause (i) to (v) and (ix) of
sub-rule (8) and sub-rule (9) of rule 14;
(iv)
after completion of e-auction, the highest
bidder who is the successful bidder shall submit the following documents along with
first instalment being forty percent of offered premium amount to the Mining
Engineer or Assistant Mining Engineer concerned within fifteen days of
completion of e-auction:-
(a)
affidavit regarding no-dues of the
department;
(b)
a no-dues certificate from the Mining
Engineer or Assistant Mining Engineer concerned where the bidder holds or had
held mineral concession or royalty collection contract or excess royalty
collection contract:
Provided that affidavit and
no-dues certificate in case of firm, company or association of persons have to
be submitted by all the partners, directors or persons, as the case may be.
(c)
Memorandum of Association and Articles of
Association, certificate of incorporation in case bidder is a company or
partnership deed and firm registration certificate in case bidder is a firm, as
the case may be;
(d)
power of attorney in format as specified in
Form-4 or resolution of board of directors in favour of person submitting bid
in case of a firm or company, as the case may be;
(e)
a copy of PAN card or GSTIN;
(f)
a copy of address proof;
(g)
e-mail address and mobile number;
(h)
the security deposit in the form as mentioned
in sub-rule (1) of rule 19 and equivalent to ten percent of submitted bid; and
(i)
the performance security in the form as
mentioned in sub-rule (1) of rule 20 and equivalent to fifteen percent of
submitted bid:
Provided that if the
successful bidder fails to comply with the above mentioned provisions, the
stipulated time period of fifteen days shall be deemed to have been extended
for further fifteen days, subject to an additional payment of ten percent of
the offered bid amount;
(v)
bid security of the unsuccessful bidders
shall be refunded by the agency conducting auction soon after the completion of
auction, latest by next working day;
(vi)
if successful bidder fails to comply the
provisions of clause (iv), bid security alongwith application fee shall be
forfeited and bidding process shall be annulled and fresh e-auction shall be
conducted;
(vii)
the Director after recording reasons in
writing may debar the bidder for five years in participating further e-auction
due to any of the reasons as specified in clause (vii) of sub-rule (1A);
(viii)
the Director after debarring the bidder may
blacklist the bidder for participating in future auctions for a period of five
years after giving him a fifteen days notice;
(ix)
upon completion of formalities mentioned in
clause (iv), the Mining Engineer or Assistant Mining Engineer shall grant the
permit and successful bidder shall be intimated by registered post and e-mail;
(x)
Permit shall be subject to the following
conditions, namely:-
(a)
the permit may be granted for a period upto
ten years;
(b)
in the permit, use of the overburden shall be
specified and accordingly, royalty as prescribed in schedule II shall be
payable;
(c)
the permit holder shall pay contribution to
the District Mineral Foundation Trust as per the rates specified in the
Rajasthan District Mineral Foundation Trust Rules, 2016, as amended from time
to time;
(d)
the permit holder shall pay contribution to
the Rajasthan State Mineral Exploration Trust as per the rates specified in the
Rajasthan State Mineral Exploration Trust, 2020, as amended from time to time;
(e)
the permit holder shall also pay surface rent
of government land to the Revenue Department for surface area used by him for
the purpose of removal of overburden, as per the rates prevalent in the area;
(f)
the permit holder shall pay the balance
premium amount in following manner:-
(I)
second installment, twenty percent of the
premium amount, at the beginning of second year of permit;
(II)
third installment, twenty percent of the
premium amount, at the beginning of third year of permit; and
(III)
remaining twenty percent of the premium
amount, at the beginning of fourth year of permit.;
(g)
the permit holder shall not erect, set-up or
place any building or thing and shall not carry on surface operations 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 Government may determine as public ground or in such a manner
as to injure or prejudicially affect any building, works, property or rights of
other persons;
(h)
the permit holder shall not carry on his
operations in a manner that would injure or prejudicially effect any buildings,
works, property or rights of other persons and no land will be used by the
permit holder for surface operations which is already occupied by persons other
than the Government for works or purposes not included in the permit;
(i)
the permit holder shall remove the overburden
in a proper skilful and workman like manner for systematic, scientific and
environment friendly so as to ensure conservation of mineral, protection of
environment and safety of man and machinery;
(j)
the permit holder shall allow reasonable
facilities for access to mineral concession holder of any land:
Provided that the directions
of the Mining Engineer or Assistant Mining Engineer concerned shall be final
and binding regarding any dispute about the approach road;
(k)
the permit holder shall allow any officer
authorized by the Central or State Government to enter upon any building,
excavation or land comprised in the permit area for the purpose of inspecting
the same and shall abide by the instructions issued by him;
(l)
the permit holder shall pay such compensation
as may be assessed by the lawful authority in accordance with the law or rules
or order in force on the subject for all damages, injuries or disturbances
which may be caused by him and shall indemnify and keep indemnified fully and
completely, the Government against such damages, injury or disturbance and all
cost and expenses in connection therewith;
(m)
the permit holder shall forth with report to
the Mining Engineer or Assistant Mining Engineer concerned any accident which
occurs at or in the said premises;
(n)
the permit holder shall not disposed of any
mineral not specified in the permit;
(o)
the permit holder shall not pay wages less
than the minimum wages prescribed by the Central or the State Government under
the Minimum Wages Act, 1948;
(p)
the permit holder shall not assign, sublet,
mortgage or in any other manner transfer the permit or any right, title or
interest therein without the previous consent in writing of Mining Engineer or
Assistant Mining Engineer. If the permit holder wants to transfer the permit,
he shall apply to the Mining Engineer or Assistant Mining Engineer concerned
along with consent of transferee, affidavit of transferor and transferee
regarding no-due, non-refundable application fee of rupees two lacs. The permit
holder shall also submit transfer application in case of change of,-
(I)
one form of business organization to another
form of business organization i.e. proprietorship, partnership, limited
liability partnership, private limited company, public limited company or any
form of business activities recognized by any law to another form of business
organization;
(II)
change in partner of a partnership firm;
(III)
the transfer of shares in a company,
resulting in the change of control of management or ownership right of the said
company;
(IV)
merger or amalgamation of one company in to
another company; and
(V)
change of a private limited company to
limited company, as the case may be, within sixty days from the date of such
change:
Provided that if the permit
holder fails to intimate the abovementioned change within the specified time,
same may be submitted on payment of late fee at the rate of rupees five hundred
per day of delay, subject to maximum of rupees two lacs;
(q)
if the permit holder is convicted of illegal
mining and there are no interim orders of any court of law suspending the
operation of the order of such conviction in appeal pending against such
conviction in any court of law, the Government may, without prejudice to any other
proceedings that may be taken under the Act or the rules made thereunder, after
giving such permit holder an opportunity of beingheard and for reasons to be
recorded in writing and communicated to the permit holder, terminate such
permit and forfeit whole or part of the security;
(r)
the Mining Engineer or Assistant Mining
Engineer concerned may, by an order in writing prohibit any operation in whole
or part of the permit area, if in his opinion such operation is likely to cause
premature collapse of any part of the workings or otherwise endanger the safety
of persons employed therein, or there is danger as regards to outbreak of fire
or flooding or such operations may cause damageto any property:
Provided that Mining
Engineer or Assistant Mining Engineer concerned shall obtain prior approval or
post facto approval within fifteen days, depending upon emergency, from the
Superintending Mining Engineer concerned regarding instructions for prohibition
of any operation in such area shall only be resumed with the prior written
approval of Superintending Mining Engineer concerned;
(s)
the permit holder may erect on the area
granted to him, any building required for bonafide purpose and such building
shall be the property of the Government after the expiry of the permit or
earlier determination of the permit;
(t)
the permit holder shall,-
(I)
keep accurate and faithful accounts of all
minerals lying in overburden dump, the quantity dispatched and utilized along
with the record of rawanna issued;
(II)
allow any officer of the department
authorised by the Director to examine or audit records at any time and shall
furnish such other information as may be required by him;
(III)
furnish annual report of mineral used within
three months fromthe date of expiry of the financial year;
(IV)
not remove, dispatch or utilize the mineral
from the permit area without valid rawanna generated by the system or issued by
thedepartment in Form-18 or any other system notified by theGovernment; and
(V)
store and maintain proper accounts of
unutilized sub-grademinerals stored within the permit area;
(u)
The permit holder shall not use any vehicle
for transportation of mineral from the permit area unless the same is
registered with the department as per the provisions of sub-rule (2) of rule
73A;
(v)
the permit holder shall comply with the
provisions of the Act and rules made thereunder including the rules made under
section18;
(w)
the Government or competent authority shall
from time to time and at all times during the term of permit have the right (to
be exercised by notice, in writing to the permit holder) of pre-emption of the
saidminerals (and all products thereof) lying in or upon the said land hereby
demised or elsewhere under the control of the permit holder and the permit
holder shall deliver all minerals or products to the Government at current
market rates in such quantities and in the manner and at the place specified in
the notice exercising the said right;
(x)
the permit holder shall have to deliver the
possession of area of the permit, where the permit area is declared as a
protected area under the Ancient Monuments Preservation Act,1904 or any other
similar law of the state, to the State Government without claiming
anycompensation;
(y)
The permit holder shall permit to the
representative of theGovernment, to collect sample of all rocks found in the
permit area or raised therefrom and all intermediate and finished products sold
or intended to be sold by the permit holder;
(z)
the permit holder shall not use the
overburden for any purpose other than specified in the permit:
Provided that any waste
material produced/generated during removal of overburden which is not saleable
as specified in the permit, may be dispatched with e-rawanna after paying
royalty and other applicable payment;
(aa)
On expiry of period of permit or complete removal of overburden whichever is
earlier, the Mining Engineer or Assistant Mining Engineer shall take the
possession of part permit area; and
(bb)In
case of any breach on the part of the permit holder of any covenant or
condition contained in the permit, the Mining Engineer or Assistant
Mining Engineer may
determine the permit with the prior approval of the Superintending Mining
Engineer concerned and take possession of the said premises and forfeit the
security deposit.
(1C)
For removal of overburden dump accumulated in khatedari land and used in any
industry,-
(i)
notwithstanding anything contained in these
rules, overburden dump accumulated outside the lease or licence area and in
khatedari land which can be used in any industry, permit for removal of such
dumps shall be granted to the khatedar:
Provided further that the
permit shall not be granted for a period exceeding one year;
(ii)
the permit shall be granted by the Mining
Engineer or Assistant Mining Engineer concerned and issuance of on-line rawanna
for dispatch of mineral shall be allowed after deposition of the following
amount:-
(a)
permit fee at the rate of rupees one thousand
+ rupee one per tonne of mineral to be dispatched;
(b)
royalty as per Schedule II;
(c)
premium amount equivalent to royalty of mineral
to be dispatched;
(d)
contribution to the District Mineral
Foundation Trust as per the rates specified in the Rajasthan District Mineral
Foundation Trust Rules, 2016, as amended from time to time; and
(e)
contribution to the Rajasthan State Mineral
Exploration Trust as per the rates specified in the Rajasthan State Mineral
Exploration Trust,2020, as amended from time to time;
(iii)
Except otherwise provided in this sub-rule,
the provisions of sub-rule (1B) shall apply mutatis mutandis to the grant of
permit.";
(iv)
the existing clause (i) of sub-rule (2) shall
be substituted by the following, namely:-
"(i)
the Mining Engineer or Assistant Mining Engineer concerned may after
consultation with Indian Bureau of Mines as provided in clause (k) of sub-rule
(1) of rule 12 of the Minerals (Other than Atomic and Hydro Carbons Energy
Minerals) Concession Rules, 2016, grant permit for removal of minor mineral
from major mineral lease area to the concerned lessee on advance payment of
royalty, premium at the rate of royalty, contribution to the District Mineral
Foundation Trust fund as per rates specified in the District Mineral Foundation
Trust Rules, 2016, as amended from time to time and the Rajasthan State Mineral
Exploration Trust fund as per rates specified in the Rajasthan State Mineral
Exploration Trust Rules, 2020, as amended from time to time;
(i-a)
permit shall be granted for a period specified in permission issued under
clause (k) of sub-rule (1) of rule 12 of the Minerals (Other than Atomic and
Hydro Carbons Energy Minerals) Concession Rules, 2016;
(i-b)
the royalty and premium amount, so deposited, shall not be adjusted in the dead
rent payable by the lessee;
(i-c)
the dispatch of the minor mineral under the permit shall be with
validrawanna;"; and
(i-d)
The lessee shall not use any vehicle for transportation of mineral from the
permit area unless the same is registered with the department as per the
provisions of sub-rule (2) of rule 73A;";
(v)
in sub-rule (3), after the existing clause
(viii) and before the existing clause (ix), the following new clause (viii-a)
shall be inserted, namely:-
"(viii-a)
The permit holder shall not use any vehicle for transportation ofmineral from
permit area unless the same is registered with the department as per the
provisions of sub-rule (2) of rule 73A.";
(vi)
after the sub-rule (3), so amended and before
the existing sub-rule (4), the following new sub-rule (3A) shall be inserted,
namely:-
"(3A)
For grant of permit or any other permission for extraction of other surficial
minerals, Government may issue separate guidelines."; and
(vii)
in sub-rule (4), after the existing clause
(vi) and before the existing clause (vii), the following new clause (vi-a)
shall be inserted, namely:-
"(vi-a)
The holder of permit shall not use any vehicle for transportation of mineral
from permit area unless the same is registered with the department as per the
provisions of sub-rule (2) of rule 73A."
Rule 28. Amendment of rule 54.
After the existing sub-rule
(5) and before the existing subrule (6) of rule 54 of the said rules, the
following new sub-rule (5A) shall be inserted, namely:-
"(5A)
Notwithstanding anything contained in sub-rule (5), no seized vehicle shall be
released without registration with the department as per the provisions of
sub-rule (2) of the rule 73A, ifnot registered."
Rule 29. Amendment of rule 60.
In rule 60 of the said
rules,-
(i)
in sub-rule (2), for the existing expression
"rawanna or transit pass or royalty receipt duly authenticated by the
department", the expression "rawanna or royalty receipt or transit
pass or e-way bill, as the case may be," shall be substituted;
(ii)
in sub-rule (3), for the existing expression
"rawanna, transit pass or royalty receipt", the expression
"rawanna or royalty receipt or transit pass or e-way bill, as the case may
be," shall be substituted;
(iii)
in sub-rule (4), for the existing expression
"rawanna, transit pass or royalty receipt duly authenticated by the
department", the expression "rawanna or royalty receipt or transit
pass or e-way bill, as the case may be," shall be substituted;
(iv)
the existing proviso to sub-rule (5) shall be
substituted by the following, namely:-
"Provided that no sized
vehicle shall be released without registration with the department as per the
provisions of sub-rule (2) of the rule 73A, if not registered."; and
(v)
in sub-rule (6), for the existing expression
"rawanna, transit pass or royalty receipt duly authenticated by the
department", the expression "rawanna or royalty receipt or transit
pass or e-way bill, as the case may be," shall be substituted.
Rule 30. Substitution of rule 66.
The existing rule 66 of the
said rules shall be substituted bythe following, namely:-
"66.
Amalgamation of mining leases or quarry licences.-
(1)
The competent authority may, in the interest
of mineral development and after recording reasons in writing, permit
amalgamation of two or more adjoining leases or licences held by the same or
different lessees or licencees or two or more letters of intent held by the
same holder of letter of intent, as the case may be, in favour of any lessee or
licencee or holder of letter of intent:
Provided that where leases
or licences are amalgamated in favour of any lessee or licencee, the period of
the amalgamated lease or licence shall be co-terminus with the lease or licence
whose period expires first.
Provided further that leases
or licences held by the different lessee/s or licencee/s shall be amalgamated
after payment transfer application fee and premium as per the provisions of
rule 27."
Rule 31. Insertion of rule 67A.
After the existing rule 67
and before the existing rule 68 of the said rules, the following new rule 67A
shall be inserted, namely:-
"67A.
Assessment of mineral quantity.-
In case of volumetric
measurement of mining pit or stock of the lessee or licencee or dealer, as the
case may be, for comparing with the actual records submitted by him, an
allowance upto five percent excess or shortage shall be considered for
determining the quantity of the mineral mined/dispatched or stored and no cost
of the mineral shall be levied."
Rule 32. Substitution of rule 69.
The existing rule 69 of the
said rules shall be substituted by the following, namely:-
"69.
Change of name, nationality, etc., to be intimated.-
(1)
An applicant or the holder of a mineral
concession shall intimate to the Mining Engineer or Assistant Mining Engineer
concerned within sixty days any change that may take place in his name,
nationality or other particulars furnished to the Mining Engineer or Assistant
Mining Engineer.
(2)
If the holder of a mineral concession fails
without sufficient cause to furnish the information referred to in sub-rule
(1), the Mining Engineer or Assistant Mining Engineer concerned may impose a
fine upto rupees two lacs in following manner:-
|
S.N. |
Delay period |
Amount of fine (in Rs.) |
|
1 |
2 |
3 |
|
1. |
Upto three months |
Fifty thousand |
|
2. |
More than three months and upto six months |
One lac |
|
3. |
More than six months |
Two lacs |
(3)
In case of continued contravention of the
provisions of sub-rule (1), the competent authority may determine the mineral concession:
Provided that no such order
shall be made without giving the lessee or licencee, as the case may be, a
reasonable opportunity of stating his case."
Rule 33. Insertion of new rule 73A.
After the existing rule 73
and before the existing rule 74 of the said rules, the following new rule 73A
shall be inserted, namely:-
"73A.
Electronic identification system.-
(1)
The Government may establish and maintain an
electronic identification system to manage and regulate the transportation
ofminerals within the State.
(2)
Every vehicle used for transportation of
mineral from lease or permit area shall be registered online with the
department in accordance with sub-rule (3) and sub-rule (4), within a period of
six months from the date of commencement of the Rajasthan Minor Mineral
Concession (Amendment) Rules, 2025 or within such time as may be extended by
the Government:
Provided that where rawanna
is not mandatory for transportation of mineral, from the area granted under
permit, registration of vehicle shall not be required.
(3)
Vehicles not equipped with or not fitted with
vehicle location tracking device and radio frequency identification device or
such any other equipment as may be specified by the Director, from time to
time, shall not be registered.
(4)
The specifications, testing and certification
of the vehicle location tracking device and radio frequency identification
device shall be in accordance with the standards as specified by the
Government, from time to time.
(5)
All vehicle location tracking device and
radio frequency identification device shall be installed only of models
approved by the department through agencies registered by the department.
(6)
Vehicle which is not registered with the
department, in accordance with sub-rule (2), shall not be permitted to transport
any mineral and in such cases, rawanna or transit pass shall not be generated
or issued.
(7)
The Director shall issue guidelines, from
time to time, in respect of online registration of the vehicle, software and
hardware to be used, the requirement of equipment at weighbridge for proper
weighing of vehicle and mineral movement tracking process.
(8)
The Government may impose reasonable
restrictions for registration of vehicle, such as, restricting the number of
vehicles, age of vehicle and suitability of vehicle to be permitted for
transport of mineral and any other similar restriction that may be necessary to
ensure smooth flow of mineral transportation, to ensure mine safety and to
regulate damage to ecology and environment."
Rule 34. Amendment of rule 74.
In sub-rule (2) of rule 74
of the said rules,-
(i)
in clause (iv-a), for the existing expression
"awa kajawa for non-commercial purpose", the expression "awa
kajawa" shall be substituted.; and
(ii)
after the existing clause (ix) and before the
existing clause (x), the following new clause (ix-a) shall be inserted,
namely:-
"(ix-a)
excavation of ordinary earth except when it is used for filling or levelling
purposes in construction of National or Mega Highways, Four or Six lane roads
or laying of Railway Tracks;"
Rule 35. Amendment of rule 75.
In rule 75 of the said
rules,-
(i)
for the existing punctuation mark
".", appearing at the end, the punctuation mark ":" shall
be substituted; and
(ii)
at the end, the following new proviso shall
be added, namely:-
"Provided that dispatch
of mineral before the date of issue of order under this rule shall be treated
as valid."
Rule 36. Amendment of rule 77.
In rule 77 of the said
rules, for the existing expression "quarry licence fee,", the
expression "quarry licence fee, premium," shall be substituted.
Rule 37. Amendment of rule 81A.
In rule 81A of the said
rules,-
(i)
in sub-rule (1), for the existing expression
"or processing of minerals", the expression "masonary stone
gitty/grit/crusher dust, M-sand and selling of bajri (river sand) from
permitted stocks of the lessee" shall be substituted; and
(ii)
after the sub-rule (1), so amended and before
the existing sub-rule (2), the following new sub-rule (1A) shall be inserted,
namely:-
"(1A)
The dealer shall not use any vehicle for transportation of mineral unless the
same is registered with the department as per the provisions of sub-rule (2) of
the rule 73A."
Rule 38. Insertion of new rule 84A.
After the existing rule 84
and before the existing rule 85 of the said rules, the following new rule 84A
shall be inserted, namely:-
"84A.
Resolution of discrepancies in survey, demarcation and record keeping.-
(1)
Any discrepancies in survey, demarcation and record
keeping, other than mistakes/errors in online feeding of description
report/latitude and longitude of pillars of mining leases, may be resolved, as
per standard operating procedure issued under sub-rule (2), by the authorities
specified in table given below:-
Table
|
S.N. |
Authority |
Discrepancy |
Mining lease area |
Percentage of change in area |
|
1 |
2 |
3 |
4 |
5 |
|
1. |
Superintending Mining Engineer |
Closing error |
Upto one hectare |
Upto five percent |
|
Other than closing error |
||||
|
2. |
Additional Director Mines |
Closing error |
Upto one hectare |
Upto ten percent |
|
Other than closing error |
||||
|
Closing error |
More than one hectare and upto five hectare |
Upto five percent |
||
|
Other than closing error |
||||
|
3. |
Director |
Closing error |
Full powers |
|
|
Other than closing error |
Upto five hectare |
Upto ten percent |
||
|
More than five hectare and upto ten hectare |
Upto five percent |
|||
|
4. |
Government |
Other than closing error |
Full powers |
|
Provided that where during
the resolution of discrepancies, the description report and plan appended to
the mining lease deed is changed, in such case, a rider agreement with revised
description report and plan shall be executed.
(2)
For resolution of discrepancies in survey,
demarcation and record keeping of mining leases, Director shall issue standard
operating procedure."
Rule 39. Substitution of rule 85.
The existing rule 85 of the
said rules shall be substitutedby the following, namely:-
"85.
Requirement of no dues certificate.-
(1)
A copy of no dues certificate from the Mining
Engineer or Assistant Mining Engineer concerned shall be required only at the
time of submission of application for grant of any mineral concession, if the
applicant or his/her family member holds or has held any mineral concession,
royalty or excess royalty collection contract in the State. Latest no dues
certificates shall also be required at the time of execution of lease deed or
issuance of quarry licence.
(2)
The concerned Mining Engineer or Assistant
Mining Engineer shall issue the no dues certificate within a period of three
days from the date of receipt of the application.
(3)
The validity of the no dues certificate shall
be one month, three months and one year in case of royalty or excess royalty
collection contract, mining lease and quarry licence respectively."
Rule 40. Amendment of rule 92.
In rule 92 of the said
rules, for the existing expression "royalty paid mineral", the
expression "royalty paid mineral bajri (river sand) from permitted stocks
of the lessee, masonary stone gitty/grit/crusher dust, M-sand" shall be
substituted.
Rule 41. Addition of new rule 93.
After the rule 92 of the
said rules, so amended, followingnew rule 93 shall be added, namely:-
"93.
When day of completion of any requirement is a public holiday.- When the day of
completion of any requirement under these rules is falling due on a public
holiday, the day of completion shall be deemed to be due on the next working
day.
Explanation: The expression
"public holiday" includes Saturday, Sunday and any other day declared
to be a public holiday by the Central Government or the State Government, as
the case may be."
Rule 42. Amendment of FORM - 6.
In FORM - 6 appended to the
said rules,-
(i)
in sub-clause (1) of clause 3, for the
existing expression "as village road), allow any", the expression
"as village road) or small canals (minor tributaries), allow any"
shall be substituted;
(ii)
in sub-clause (5) of clause 5, for the
existing expression "in rule 75," the expression "in rule
74" shall be substituted; and
(iii)
in sub-clause (1) of clause 6, for the existing
expression "fifteen percent", the expression "eighteen
percent" shall be substituted.
Rule 43. Amendment of FORM - 22.
In clause (3) of FORM - 22
appended to the said rules,-
(i)
in sub-clause (i), for the existing
expression "contractor", the expression "royalty collection
contractor" shall be substituted, with effect from 1st July, 2025 or
fromsuch date as may be extended by the Government.;
(ii)
the existing sub-clause (ii) shall be
substituted, with effect from 1st July, 2025 or from such date as may be
extended by the Government, by the following, namely:-
"(ii)
The royalty receipt issued to the royalty collection contractor shall be in
Form-23 duly stamped by the Mining Engineer or Assistant Mining Engineer
concerned. The royalty collection contractor shall issue royalty receipts after
filling all columns of Form-23 including amount of royalty, contribution
towards the District Mineral Foundation Trust fund, the Rajasthan State Mineral
Exploration Trust fund and any other charges collected for every dispatch of
the mineral. The royalty collection contractor shall give first copy of receipt
to the in-charge of the vehicle, submit second copy to the Mining Engineer or
Assistant Mining Engineer concerned and shall retain third copy with
him.";
(iii)
in sub-clause (iii), with effect from 1st
July, 2025 or from such date as may be extended by the Government,-
(a)
for the existing expression
"contractor", wherever occurring, the expression "royalty
collection contractor" shall be substituted;
(b)
for the existing expression "mining
lease or quarry licence", the expression"quarry licence" shall
be substituted; and
(c)
for the existing expression "leases or
licences", the expression "licences" shall be substituted;
(iv)
the existing sub-clause (iv) and sub-clause
(v) shall be substituted, with effect from 1st July, 2025 or from such date as
may be extended by the Government, by the following, namely:-
"(iv)
Notwithstanding anything contained in these rules, the excess royalty shall be
collected through electronic identification system after weighment of vehicle
at registered weigh bridge. The system generated e-receipt in Form-24 shall be
issued for the amount of excess royalty, contribution towards the District
Mineral Foundation Trust fund, the Rajasthan State Mineral Exploration Trust
fund and anyother permissible charges collected for every dispatch of the
mineral.
(v)
The excess royalty collection contractor may establish check post within the
contract area, after prior approval in writing from the Mining Engineer or
Assistant Mining Engineer concerned, to ensure that excess royalty has been
duly paid. The excess royalty collection contractor shall apply along with
proof of payment of rupees one thousand (non-refundable) for every place for
which permission is required. The Mining Engineer or Assistant Mining Engineer
concerned may refuse to grant permission for reasons to be recorded in writing
for any particular place and shall communicate to the excess royalty collection
contractor. The excess royalty collection contractor shall have electronic
identification system to check e-receipt of payment of excess royalty.";
(v)
after sub-clause (v), so substituted and
before the existing sub-clause (vi), the following new sub-clause (v-a) shall
be inserted, namely:-
"(v-a)
The Director shall issue guidelines for surveillance at the check post and
process of excess royalty collection by electronics identification
system.";
(vi)
in sub-clause (xvi), for the existing
expression "sanctioning of new lease or licence, revision of dead rent of
existing lease", the expression "sanctioning of new lease
orlicence" shall be substituted; and
(vii)
in sub-clause (xviii), for the existing
expression "computer with net connectivity and generator. The weigh bridge
shall be integrated with that of departmental online system and shall hand over
the weigh bridge along with all above equipment to the department in proper
working condition after expiry or termination of the contract otherwise
security deposit shall be forfeited. Government will explore thepossibility of
prescribing GPS tracking system", the expression "computer with net
connectivity, generator and equipment prescribed in the guidelines issued by
the Director" shall be substituted.